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2008-07-22
I CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, July 22, 2008 at 7:00 p.m. 'Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll' -call Attendance: X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Gordon Slyter with Treasure Valley Worship Center: 4. Adoption of the Agenda: Approve 5. Consent Agenda: Approve A. Approve Minutes of September 1, 2004 Jt. City Council Meeting: Approve B. Approve Minutes of April 29, 2008 City Council Special Workshop: Approve C. Approve Minutes of June 17, 2008 City Council Regular Meeting: Approve D. Approve Minutes of June 24, 2008 City Council Regular Meeting: Approve E. Approve Minutes of July 1, 2008 Pre -Council Meeting: Approve Meridian City Council Meeting Agenda — July 22, 2008 Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Approve Minutes of July 1, 2008 City Council Regular Meeting: Approve G. Approve Minutes of July 8, 2008 City Council Regular Meeting: Approve H. Findings of Fact and Conclusions of Law for Approval: SHP 08-004 Request for a Short Plat to amend existing 4 -unit condominium, Building E on a commercial building lot in a C -N zone for Quenzer Commons Condominium Amendment No. 2 by Brighton Commercial, Inc. 1545 E. Leigh Field Drive: Approve I. Findings of Fact and Conclusions of Law for Approval: SHP 08-005 Request for Short Plat approval to create 2 building lots on 1.05 acres in an L -O zone for Cammann Park Subdivision by Todd Meyers — NEC of NW 8th Street and Cherry Lane: Approve J. Findings of Fact and Conclusions of Law for, Approval: PP 08- 004 Request for a Preliminary Plat with 6 residential building lots and 1 common lot in an R-8 zone on approximately 4.7 acres for Maxfield Subdivision by Cottage Investors, LLC — 3295 E. Falcon Drive: Approve K. Findings of Fact and Conclusions of Law for Approval: CUP 08-008 Request for Conditional Use Permit approval consisting of Assisted Living Facilities containing 5 buildings with 15 beds in an R-8 zone for the proposed Maxfield Subdivision by Cottage Investors, LLC — 3295 E. Falcon Drive: Approve L. Development Agreement: AZ 06-022 Request for Annexation and Zoning of 9.98 acres from RUT to an R-4 zone for Prato Villas Subdivision by Kevin Harris of Briggs Engineering — 4052 & 4202 W. Daphine Street: Approve M. Release and Termination of Easement for Intermountain Outdoor Subdivision: Approve N. Direct Placement Agreement with SOS Staffing Services for New City Engineer / Deputy Public Works Director: Approve O. Approve Letter to COMPASS Regarding Draft 2009-2013 Transportation Improvement Program: Approve Meridian City Council Meeting Agenda — July 22, 2008 Page 2 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. Department Reports: A. City Council: 1. Budget Amendment for Pine Street School for $54,300.00: Approve B. Mayor's Office: 1. Budget Amendment for State of the City Spending Authority for $1,346.00: Approve 2. Budget Amendment for Interim Parks Director for $29,229: Approve 3. Arts Commission Recommendation Regarding Procurement of City Hall Permanent Art Installation: Approve C. Police Department: 1. Budget Amendment for Animal Shelter Kennel & Fencing Improvements for $4,626.00: Approve D. Planning Department: Budget Amendment for Dues, Licenses & Publications for $2,500.00: Approve E. Finance Department: 1. Tri-State Electric Change Order No. 3 for Additional Work to Existing Contract for New City Hall for a Not to Exceed Amount of $72,723.24: Approve 2. Custom Glass Change Order No. 2 for Additional Work to Existing Contract for New City Hall for a Not to Exceed Amount of $8,287.00: Approve 3. SBI Contracting Change Order No. 1 for Additional Work to Existing Contract for New City Hall for a Not to Exceed Amount of $365.00: Approve Meridian City Council Meeting Agenda — July 22, 2008 Page 3 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 4. Schumacher & Company Change Order No. 1 for Additional Work to Existing Contract for New City Hall for a Not to Exceed Amount of $6,039.00: Approve 5. Simplex Grinnell Change Order No. 3 for Additional Work to Existing Contract for New City Hall for a Not to Exceed Amount of $2,136.26: Approve 6. Haemker General Construction Change Order No. 1 for Additional Work to Existing Contract for Settlers Park Maintenance Building for a Not to Exceed Amount of $4,965.00: Approve F. Parks Department: 1. Budget Amendment for Splash Pad Improvements at Adventure Island Playground for $34,372.00: Approve G. Public Works Department: 1. Update on the Five Mile Creek Restoration / Wetlands Mitigation Agreement with 1TD: Approve H. IT Department: 1. Approve Contract and Award of VoIP City Hall Network Solution RFP IT -08-002 to Valcom. Inc. for City Hall Network Solution for a Not to Exceed Amount of $100,000.00: Approve 2. Approve Contract and Award of VolP City Wide Phone System RFP IT -08-003 to Valcom, Inc. for Voice Over Intranet Protocol Phone System for a Not to Exceed Amount of $150,000.00: Approve 7. Items Moved from Consent Agenda: 8. Request for Fee Reduction for Rezone Application for 3131 Lanark, LLC and 3163 Lanark, LLC by Patrick McKeegan Architects: Motion to Deny Fee Reduction 9. Request for Reconsideration of Conditions for Waltman Property / Browning Annexation by Shawn Nickel with Rose Law Group — 505, 521, 615 and 675 Waltman Lane: Approve Request — Set new Public Hearing Meridian City Council Meeting Agenda — July 22, 2008 Page 4 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 10. Findings of Fact and Conclusions of Law for Approval: AZ 06-063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C -G zones for Waltman Property (aka Browning Plaza) by Waltman, LLC — 505, 521, 615 and 675 Waltman Lane: Vacate from Agenda 11. Findings of Fact and Conclusions of Law for Approval: PP 08-001 Request for Preliminary Plat approval of 52 commercial / office lots and 1 common lot on 38.21 acres in a proposed C -G zoning district for Browning Plaza (aka Waltman Property) by SLN Planning, Inc. — 505, 521, 615 and 675 W. Waltman Lane: Vacate from Agenda 12. FP 08-011 Request for Final Plat approval 11 commercial building lots and 1 other lot on 10.213 acres in an L -O zoning district for Bridgetower Crossing Subdivision No. 15 by Primeland Investment Group, LLC — Linder Road and Coppercloud Way: Approve 13. FP 08-012 Request for Final Plat approval for 8 commercial building lots on 6.75 acres in a C -N zoning district for Bridgetower Crossing Subdivision No. 16 by Primeland Development Co., LLC — Ten Mile Road and Quintaie Drive: Approve 14. Continued Public Hearing from June 17, 2008: MI 08-004 Request for a Miscellaneous application for Modification of the Development Agreement for Dorado Subdivision by the City of Meridian — Northwest Corner of South Eagle Road and East Overland Road: Withdraw Application 15. Continued Public Hearing from July 1, 2008: AP 08-003 Request for City Council Review for an Appeal of Director's Determination to deny alternative compliance to allow a portion of the former Idaho Truss site to be used for shared parking for the Broadway Integrated Project (CZC 08-018) by Ward Schwider — 130 East Broadway Avenue: Continue Public Hearing to August 12, 2008 Meeting 16. Continued Public Hearing from July 8, 2008: AZ 08-006 Request for Annexation and Zoning of 0.92 of an acre from R1 to an R-2 zone for Alter Property by Denise Alter — 2741 East Leslie Drive: Findings of Fact and Conclusions of Law for Approval 17. Vacated from July 1, 2008: MFP 08-005 Request to Modify the previously approved Final Plat (FP 05-076) by removing the requirement for a 5 -foot detached sidewalk along Lots 54-66, Block 5, which are located on the south side of E. Deerhill Street between Montague Way Meridian City Council Meeting Agenda — July 22, 2008 Page 5 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. and Genoard Avenue for Messina Meadows by Tuscany Development, Inc. -'/2 mile west of South Eagle Road and '/2 mile south of East Victory Road: Continue to August 26, 2008 Meeting 18. Public Hearing: VAR 08-005 Request for. Variance to UDC 11-2A-6 which requires building setbacks to be measured from sidewalk or property line; applicant requests to measure street setback from the back of ribbon curb for 12 lots, located on the south side of E. Deerhill Street between Montague ay and Genoard Avenue in Messina Meadows Subdivision No. 1 for Messina Meadows by Tuscany Development, Inc. — south side of Deerhill Street approximately '/2 mile west of South 'Eagle Road and approximately '/2 mile south of East Victory Road: Continue Public Hearing to August 26, 2008 Meeting 19. Public Hearing: SHP 08-006 Request for Short Plat to create 4 office condominiums in an existing building on 1 commercial building lot on 0.66 of an acre in an I -L zone for Northhickory Condominium by Hickory Land Partners, LLC — 1020 North Hickory Avenue: Findings of Fact and Conclusions of Law for Approval 20. Public Hearing: MI 08-006 Request for Miscellaneous application to modify Sub -section 6, "Conditions Governing the Subject Property" item A3 of the recorded Development Agreement which requires CUP approval for any future church / office uses for Verona Subdivision by Primeland Investment Group, LLC — Northeast Corner of West McMillan Road and North Ten Mile Road: Approve 21. Ordinance No. 08-1374 : RZ 08-001 Request to Rezone 0.32 acres from R-4 to O -T zone for Trinity Assisted Living by Elisha Ricky — 1353 West 1 st Street: Approve 22. Ordinance No. 08-1375 : AZ 06-022 Request for Annexation and Zoning of 9.98 acres from RUT to an R-4 zone for Prato Villas Subdivision by Kevin Harris of Briggs Engineering — 4052 & 4202 West Daphine Street: Approve Meridian City Council Meeting Agenda — July 22, 2008 Page 6 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. July 18, 2008 MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of September 1, 2004 City Council Joint Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST:. INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council Meeting July 22, 2008 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, July 22, 2008, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Joe Borton, Keith Bird, Charlie Rountree and David Zare.mba. Others Present: Bill Nary, Jaycee Holman, Bill Parsons, Kyle Radek, Ron Anderson, Tracy Basterrechea, Steve Siddoway, Kei6Watts, Pete Friedman and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and start tonight's meeting by welcoming you all here tonight and thanking you for joining us. I can't talk. For the record, it is Tuesday, July 22. It's 7:00 o'clock. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Gordon Slyter with Treasure Valley Worship Center: De Weerd: Item No. 3 is our community invocation and Pastor Gordon Slyter with the Treasure Valley Worship Center. Made it in the nick of time. We welcome you to join us in the community invocation or take this as an opportunity for a moment of reflection. Pastor. Slyter: Let us pray. Father, as we come before you this afternoon we thank you that you are firmly enthorned upon the praises of your people. We remember the words that instruct us to tremble before him, all the earth. Indeed, the world is firmly established. It will not be moved. Let the heavens be glad and let; the earth rejoice. And let them say among the nations the Lord reigns. Let the sea roar and all it contains. Let the field exalt and all that is in it. And the trees of the forest will sing for joy before the Lord, for he is coming to judge the earth. We thank you, oh, God, that you are God of the created order. We thank you that you rule in the heavens. We pray that tonight you will give wisdom, understanding, and guidance to those who are charged with making Meridian City Council • July 22, 2008 Page 2 of 40 decisions for our city. Lead them, Lord, in ways that would benefit all of our citizens and bless them and we thank you for this tonight in Jesus' name, amen. De Weerd: Thank you so much. Now, we -- pastor, we do have a new City of Meridian pin that I would like to offer you, because I know you don't have one of these yet. And thank you for joining us. Slyter: Thank you very much. Thank you. Item 4: Adoption of the Agenda: De Weerd: Thank you. Okay. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Excuse me. On the agenda, Item 14 has been asked to be removed from the Planning Department -- to withdraw. -And Item 21, the ordinance proposed number is 08-1374. Item 22 the ordinance number is 08-1375. And with that I move that we approve the published agenda. Rountree: Second. De Weerd: Mr. Bird, I do have a couple of notations that on Item 15, the applicant has requested continuance to August 12th. Bird: Yeah. I thought we'd do that when we got there, but I -- De Weerd: Just I guess for the record. Bird: Okay. Motion -- staff requests Item 15 to be continued to August 12th. Item 17 and 18 to be continued until August 26. Rountree: Second concurs. De Weerd: Okay. All those in favor of the agenda as amended say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of September 1, 2004 Jt. City Council Meeting: B. Approve Minutes of April 29, 2008 City Council Special Workshop: Meridian City Council • July 22, 2008 Page 3 of 40 C. Approve Minutes of June 17, 2008 City Council Regular Meeting: D. Approve Minutes of June 24, 2008 City Council Regular Meeting: E. Approve Minutes of July 1, 2008 Pre -Council Meeting: F. Approve Minutes of July 1, 2008 City Council Regular Meeting: G. Approve Minutes of July 8, 2008 City Council Regular Meeting: H. Findings of Fact and Conclusions of Law for Approval: SHP 08-004 Request for a Short Plat to amend existing 4 -unit condominium, Building E on a commercial building lot in a C -N zone for Quenzer Commons Condominium Amendment No. 2 by Brighton Commercial, Inc. — 1545 E. Leigh Field Drive: I. Findings of Fact and Conclusions of Law for Approval: SHP 08-005 Request for'Short Plat approval to create 2 building lots on 1.05 acres in an L -O zone for Cammann Park Subdivision by Todd Meyers — NEC of NW 8th Street and Cherry Lane: J. Findings of Fact and Conclusions of Law for Approval: PP 08- 004 Request for a Preliminary Plat with 6 residential building lots and 1 common lot in an R-8 zone on approximately 4.7 acres for Maxfield Subdivision by Cottage Investors, LLC — 3295 E. Falcon Drive: K. Findings of Fact and Conclusions of Law for Approval: CUP 08-008 Request for Conditional Use Permit approval consisting of Assisted Living Facilities containing 5 buildings with 15 beds in an R-8 zone for the proposed Maxfield Subdivision by Cottage Investors, LLC — 3295 E. Falcon Drive: L. Development Agreement: AZ 06-022 Request for Annexation and Zoning of 9.98 acres from RUT to an R-4 zone for Prato Villas Subdivision by Kevin Harris of Briggs Engineering — 4052 & 4202 W. Daphine Street: M. Release and Termination of Easement for Intermountain Outdoor Subdivision: N. Direct Placement Agreement with SOS Staffing Services for New City Engineer / Deputy Public Works Director: Meridian City Council • • July 22, 2008 Page 4 of 40 O. Approve Letter to COMPASS Regarding Draft 2009-2013 Transportation Improvement Program: De Weerd: Okay. Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird: Bird: I move we approve the Consent Agenda as published, the Mayor to sign and the Clerk to attest on all papers. Rountree: Second. De Weerd: We have a motion and a second to approve the Consent Agenda. If there is any discussion, speak now or forever hold your peace. Hearing none, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd; Yes, Mr. Zaremba. Zaremba: May I make a- short announcement before we proceed? De Weerd: You bet. Zaremba: Just before F came to the meeting I caught the news and they were saying that we were going to get a storm like we had earlier in the day, probably within an hour. I mention that, because there is a Jeep Cherokee with a veteran's plate in this parking lot with the windows open. If anybody left your windows open 'for a purpose, you may wish to slip out and close them. I don't know how accurate the news is, but they said we are going to get something like that again, so -- Radek: It will make the presentation shorter. De Weerd: The way that rain came down, you would be swimming in your car. Okay. I think you were set up. _ Zaremba: Thank you. Item 6: Department Reports: A. City Council: Meridian City Council • • July 22, 2008 Page 5 of 40 1. Budget Amendment for Pine Street School for $54,300.00: De Weerd: Thank you. Item 6-A under City Council. We have a budget amendment for Pine Street School. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the budget amendment of 54,300 dollars for the moving of the Pine.Street School. Bird: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. B. Mayor's Office: 1. Budget Amendment for State of the City Spending Authority for $1,346.00: 2. Budaet Amendment for Interim Parks Director for $29,229: De Weerd: Okay. Item 6-13 under Mayor's office, you have two budget amendments. One is just to authorize the spending for State of the City. These funds were brought in and it was covered by the sponsors. We exceeded our spending authority of 10,000 dollars, because of the increase in attendance and the amounts that we paid out to the restaurant vendors. And item number two is a budget amendment for the interim parks director. As we discussed when we had our parks director opening, we hired a part- time consultant contract to cover for the director position while we did our park search and that is the amendment.. We are moving from personnel into the professional services line item. So, Council, I do need your action on those two items. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council • • July 22, 2008 Page 6 of 40 Bird: I move we approve the budget amendment for the city spending authority for the State of the City address for 1,346 dollars. I move we also approve the budget amendment for the interim parks director for 29,229 dollars. Rountree: Second. De Weerd: Okay. I have motion and a second. Any discussion? Madam Clerk, roll call. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. 3. Arts Commission Recommendation Reciardinca Procurement of City Hall Permanent Art Installation: De Weerd: Okay. Item 6-B-3 is our Arts Commission item and I imagine that Mr. Nary has information. Nary: Yes, Madam Mayor, Members of the Council. There is a memo in your packets from Mrs. Kane from my office. This is not to be confused, but there is a call to artist that is already pending, that is for the entryway art in the City Hall. This is for art in the gallery. It is proposed by the timeline in there, it -- pending your approval tonight of this process, then, we would actually issue this tomorrow. That way we would have the artwork potentially delivered by approximately the opening of new City Hall. So, the time limit is a little tight, so that's what -- I guess for having it on tonight was to try to expedite it, so we can get it done by the time of the opening. De Weerd: Any questions for Council? Bird: I have none. De Weerd: If not, Mr. Nary, do we need Council action? Nary: Yes, Your Honor, because there is -- there is spending authority that's attached to it. It was included in the budget. There was budgetary -- budgeted items for these art pieces, so that we did request that the Council move for approval. De Weerd: Okay. Council, I will need a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'm not going to -- but I -- when I read through it, I thought that was coming at a later date after they got some prices. Meridian City Council • • July 22, 2008 Page 7 of 40 Nary: Madam Mayor, Members of the Council, Council Member Bird, the money -- the money in the budget is basically to be replenished by donations, so there will be specifics when they get the specific art pieces, but it is attached to the -- to the RFP, so we wanted to be sure that you're aware of it. Bird: Okay. Well, what was the dollar volume, then? Nary: I think it's 1,500 dollars -- 4,500 dollars. Bird: Forty-five. That's the -- what you need passed right now. Nary: Correct. And that was what was approved as a budget item last week. Bird: That's true. Nary: And so we wanted to make sure that it all matched up together, so -- Bird,: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the 45,000 dollar Art Commission recommendation for the City Hall permanent artist -- Rountree: Second. De Weerd: Okay. I have a motion and a second on this item. If there is no discussion, Madam Clerk, roll call. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. C. Police Department: 1. Budget Amendment for Animal Shelter Kennel & Fencing Improvements for $4,626.00: De Weerd: Okay. Item 6-C is our Police Department. I see Lieutenant Basterrechea. He tries to hide behind all of the stuff over there. Basterrechea: Firemen are always trying to get in front of us. The budget amendment before you is to help expand some of the kennel facilities at the animal shelter. We are -- we are going to continue going through the year with the facilities. We need to expand them. We are already at capacity most of the time and oftentimes over capacity Meridian City Council • • July 22, 2008 Page 8 of 40 and if we have a sick dog there is no way to quarantine them from another dog or a vicious dog, so that's what this is for. De Weerd: Tracy, have you been to able to -- I'm sorry. Lieutenant, have you been able to utilize the second building as well? Basterrechea: That's -- that's what this is for -- De Weerd: Okay. Basterrechea: -- to put the kennels into the second building, so that we can utilize that. De Weerd: Very good. Council, any questions? Bird: I have none. De Weerd: Okay. Bird: Madam Mayor. De Weerd: Mr. Bird. Bird: I move we approved the budget amendment for the animal shelter kennel and fencing improvements for 4,626 dollars. Borton: Second. De Weerd: Okay. I have a motion and a second to approve the request in front you. If there is no discussion, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. D. Planning Department: 1. Budget Amendment for Dues, Licenses & Publications for $2,500.00: De Weerd: Okay. Item 6-D is our Planning Department. Friedman: Thank you, Madam Mayor. This is a restoration of money back into our base budget. When our budget was adopted for 2008, we removed things like Valley Regional Transit, COMPASS dues and so forth. Took them out of the Planning Department budget and put them into another line item. Well, accidentally our base Meridian City Council • • July 22, 2008 Page 9 of 40 budget covering our dues, licenses, and publications was taken out at the same time, so this is going back in to restore it. De Weerd: Does anyone believe that story? Rountree: I believe Pete. Friedman: That's what I was told when I called -- Bird: I. was going to say, that's what he was told when he left. De Weerd: Thank you, Pete. Bird: I move that we approve the budget amendment for 2,500 dollars. Rountree: Second. De Weerd: Okay. I have a motion and a second. If there is no discussion, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES.. E. Finance Department: 1. Tri-State Electric Change Order No. 3 for Additional Work to Existing Contract for New City Hall for a Not 'to Exceed Amount of $72,723.24: 2. Custom Glass Change Order No. 2 for Additional Work to Existing Contract for New City Hall for a Not to Exceed Amount of $8,287.00: 3. SBI Contracting Change Order No. 1 for Additional Work to Existing Contract for New City Hall for a Not to Exceed Amount of $365.00: 4. Schumacher & Company Change Order No. 1 for Additional Work to Existing Contract for New City Hall for a Not to Exceed Amount of $6,039.00: 5. Simplex Grinnell Change Order No. 3 for Additional Work to Existing Contract for New City Hall for a Not to Exceed Amount of $2,136.26: Meridian City Council July 22, 2008 Page 10 of 40 0 6. Haemker General Construction Change Order No. 1 for Additional Work to Existing Contract for Settlers Park Maintenance Building for a Not to Exceed Amount of $4,965.00: De Weerd: Okay. Item 6-E is our finance -- oh, there you are. Mr. Watts. Watts: Thank you, Madam Mayor, Council Members. I have six contract change orders on the agenda tonight. Five of them are for City Hall. One of them is for the maintenance building out at Settler's Park for the Parks Department. Information is in your packets. Just here to answer any questions if you have any. De Weerd: Council, do you have questions on any of these six items? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I don't have a -- on any of the six items. Is our change orders done at City Hall? think Tom -- he can answer that. Watts: Tom could --yes. De Weerd: Oh, I'm sorry. Mr. Tom, you need to speak into the microphone. Bird: As far as the building and the plaza and stuff. De Weerd: Because we certainly want this on the public record. Couglin: Tom Couglin with Petra. In answer to your question, Madam Mayor and Council, no, we are not done. There is still some ongoing changes that we are working to settle and some of thEk recently authorized changes, too, still need to be finalized and will be put into a change order that will be forwarded. But with the plaza it's on the latest list I gave you. There is some stuff to still be settled up and come before you. I think the majority of the items that we had to date are on that list. I can't remember the totals, but it is on the list, Councilman Bird. Bird: Yeah. Let's set a date of -- or try to hit a date of around September 1 st to get all this ASIs and RFIs. I know you -- I know they come up -- or going to come up, but dad gum it -- Couglin: We are trying to work down to the bottom of that, but I think we have gotten the last of the major items that needed clarification taken care of, so -- Bird: Okay, Tom. Thanks a lot. Meridian City Council • July 22, 2008 Page 11 of 40 Couglin: Thank you. Any other questions? Watts: Councilman Bird, Madam Mayor, Council Members, I do have -- I will bring to your attention one change order that I spoke with Tom about to initiate. We are installing our -- the PDU, which is the power distribution unit and the UPS system for the network and I thought it would be best if we had our existing electrical contractor on site do the installation and we'd just provide the material, that way we don't have finger pointing going on. So, that will be coming up in the next week or two. Bird: Okay. De Weerd: So, you will be utilizing the existing contract, with just a change order to add -- Watts: Correct, Madam Mayor. Just the new electrical equipment that the city is purchasing. De Weerd: Thank you. Any other questions or comments from Council? Thank you, Tom. Bird: Madam Mayor? De Weerd: Yes. Bird: I move we approve the change orders -- and these are all change orders from ASIs or RFIs or -- they are not lack of something. Tri-State Electric for $72,723.24. Custom Glass, 8,287 dollars. SBI Contracting, 365 dollars. Schumacher & Company, 6,039 dollars. Simplex Grinnell 2,136.26. And, then, the one item that is not City Hall, Haemker General Construction is at Settlers Park, the maintenance building, not to exceed 4,965 dollars. Change order number one. Rountree: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk, roll call. Roil -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. F. Parks Department: 1. Budget Amendment for Splash Pad Improvements at Adventure Island Playground for $34,372.00: Meridian City Council • • July 22, 2008 Page 12 of 40 De Weer& Okay. Our next item is our Parks Department, with a budget amendment for the splash pad improvement at Adventure Island. Siddoway: Thank you, Madam Mayor, Members of the Council. This item was discussed with Council last week already, so I will make this brief and stand for questions. This change order is for the enhancements that were made to the splash pad, including the UV unit and plumbing modifications, the safety surfacing, changing tables, signage, and safety equipment that was purchased for the splash pad. As noted last week, the expenses associated with these are going to be transferred from the Settlers Park construction account into the Adventure Island Playground account and this -- these funds will, again, make that account whole, so we can move forward with Settlers Village Square phase one. And with that I'll stand for any questions. De Weerd: Okay. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the budget amendment for the splash pad in the amount of 34,372 dollars. Bird: Second. Borton: Second. Zaremba: Second. De Weerd: I have a motion and three seconds on this item. Madam Clerk, roll call. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. G. Public Works Department: 1. Update on the Five Mile Creek Restoration / Wetlands Mitigation Agreement with ITD: De Weerd: Thank you so much. Okay. Our next item is our Public Works Department and I see the wind starting to whip up outside there, Kyle. Borton: Take your time, Kyle. Radek: It's a Jeep. It will be okay. Madam Mayor, Council Members, a couple weeks ago I brought this subject up to you and did not tell a very complete story on the project Meridian City Council • • July 22, 2008 Page 13 of 40 and I'm here to rectify that and tell a more complete and more correct story and show you some prettier slides and, hopefully, that will get the job done. The Five Mile Creek Restoration Project and the agenda -- very similar to last time, only better. Better project history and background. I'm going to go over the benefits again. Show you who the partners are involved. Talk about the cost considerations just a little bit. And show you some stream photos and make some comments on them and, then, ask for an action from you. The first point I need to make is this project -- this restoration project is -- is the city's project. I was approached by Skip Velton from the National Resource Conservation Service and he wanted to do .some kind of work, some kind of urban project with the city and we conceived this project as a way to preserve the floodplain from development, but the other benefits of the project are even greater and now we hope this project will be a living experiment and an example to follow. We began coordination with the property owner and Nampa -Meridian Irrigation District and proceeded to do some conceptual design on it. We had a good idea of what we wanted to do and we didn't have any funding for it and one of Skip Vetton's talents is to write grants and go look for funding. Then we heard that the Idaho Transportation Department needed some wetlands mitigation for their 1-84/Garrity interchange to Meridian project and we got in contact with them to see if our project would fit the needs of their project and with an apparent funding vehicle, National Resource Conservation Service proceeded to contribute their time to the project design. ITD needed approximately .16 acres of wetland mitigation to the satisfy their requirement by FHWA, the Federal Highway Administration. Our site is 1.3 acres and a graphical depiction of that is -- is that little hatched area would be the .16 acres of wetland and the whole site is pretty much circumscribed by the red line there. And our site includes, of course, the stream itself, the wetlands, riparian areas and upland areas as well. The project benefits are many. I have tried to make a fairly concise list and just list the ones I see as the most important. I think first and foremost it enhances public safety. At sometime in the future we will have a multi -use pathway here, according to our pathways master plan. When we do we want to avoid having steep banks, such as you see on the picture on top there, that could be hazardous to pedestrians and cyclists if they strayed from the path. And it also could keep people from being able to get out of the creek if they fell in. The vegetation also provides a horizontal buffer that keeps users farther from the water. Another major benefit is the surface water quality improvements. Riparian and wetlands plans clean water. The largest benefit is to surface water that needs to enter the creek from adjacent lands, but even irrigation wastewater entering directly through pipes can be cleaned as it moves through a hydraulically diverse creek. Essentially, a creek that meanders and has a little different cross-section than just a regular ditch. It could also be argued' in some way that the city is responsible for doing projects like this under the National Pollution Discharge Eliminate System. It could be argued that, but it's not incredibly clear that that's the case, so I'm going to leave that off the slides. And initially, as I said, this was a floodplain management project. My main focus was to preserve floodplain and maintain or improve its ability to convey and attenuate floods. Insuring the adequate cross-sectional area is preserved from development and is available to store and convey water is fundamental to good floodplain management. The cutback cross-section provides a place for flood waters to go and the vegetation will attenuate floods both by delaying the time for the surface Meridian City Council • July 22, 2008 Page 14 of 40 • water to get to the creek and by slowing down flows at the edge of the floodway. The state floodplain coordinator has reviewed this project and supports it as a proactive floodplain management that will help our property owners secure lower flood insurance rates when we become members of the community rating system, which is one of the goals of our floodplain management program. The project includes not only wetland, but riparian and upland vegetation and will provide habitat for a variety of wildlife. It will be an example and it will demonstrate Meridian's commitment to natural areas. It promotes our pathways master plan. Meridian could have greenbelt paths next to Five Mile and Ten Mile Creeks that are just as nice as the Boise River greenbelt and even more functional from a transportation perspective. This project will serve as an example of beneficial management of urban irrigation facilities and can provide outreach and educational opportunities. This project has already generated the interest of other landowners and when it proves to be a success, I think Meridian will be seen as a leader in conserving the natural environment in the Treasure Valley. And I think the most important benefit for Meridian is that it will give us a natural area that we can be proud of. This area right here is directly upstream from the project and it was a wetlands mitigation site done for Franklin Road. Here are the project partners that come to the table and bring this project to us and it absolutely couldn't be done without the cooperation of each and every one of those partners. Oh. One slide on the cost considerations. A couple weeks ago the parks director brought to you his estimate of what it might cost to maintain this project site on a yearly basis. The number was 3,475 dollars a year and I believe that to be a worst case type of number and I completely understand why he would bring that type of a number to Council. I would do the same thing. But I wanted to point out that it's likely to be, in my opinion, to be lower than that and it should, after a certain amount of time, decrease to just about nothing. After the establishment of those plants they should pretty much take care of themselves. We also didn't talk about volunteer efforts in trash pickup and -, and the fact that once a development takes place there, the tenant or the property manager or owners will surely contribute to maintaining that area. To illustrate part of my point, here is a stretch of Five Mile Creek upstream in Boise. This is not maintained at all. Essentially just left alone and the plaints do just fine after they are established. This is a stream alteration project done on Five Mile Creek behind Fred Meyer at Five Mile and Overland. This stretch is also unmaintained. This is another National -- Natural Resource Conservation project, not a stream project, but a project that was done in 1997 and it's maintained by the adjacent homeowners association. These people are very proud of the little wetlands area that they have and this picture shows a -- I believe it shows a -- I wanted to check with Skip, but I'm 99 percent sure that this kind of fuzzy bush in the middle is a gire willow and it's one of the plantings you will see on our project. This is our site three weeks ago and the animated fill areas and these cut sections here. They are not accurate in location, but they show the techniques that will be will used on this project to achieve a more natural profile and cross-section -- to achieve that more natural look that you see from the upstream picture. Again, this is the site directly upstream from the project site and it was a wetlands mitigation site as well. And this is the stretch directly upstream from the last picture and the developer of this site has expressed interest in a similar project. We have 24 miles of creeks in our impact area and opportunities for similar projects are limitless. The areas noted here I believe to be good candidates due Meridian City Council • • July 22, 2008 Page 15 of 40 to property owner contacts and other property attributes. So, what I'm hoping is that we set the example here for people to follow and whether the impetus for these projects comes from private development or similar partnerships, that we can do things like this all over our city. And, again, what we are asking for tonight, which we asked for two weeks ago, but we weren't quite as prepared as we ought to have been, is approval of the state local agreement and the license agreement with Nampa -Meridian Irrigation District to make this project go forward. And we have -- we have reworked the wording of the state local agreement per President Rountree's comments a couple weeks ago and I think the legal department is happy with the changes. And with that I will take any questions you have. De Weerd: Okay. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: A comment. Thank you, Kyle. It is a much better story. Good job. And think it is going to be an interesting experiment. One thing I'd suggest you do,.once you get going, if you get going, is establish some photo points and, then, you can bring back and tell us the story of how this thing matures in a couple years. Radek: Absolutely. Rountree: And I guess I have a question for Mr. Nary in terms the license agreement. That was a question last time and the liability issues and whatnot have been taken care of? Nary: Madam Mayor, Members of the Council, Council Member Rountree, yes, Kyle and myself, Mr. Baird from my office, and the gentleman from the state all met and, really, the language that we changed predominately are in section one of the general provisions where it's clear -- I think as Council Member Rountree, as you pointed out, in that prior meeting that the state has an obligation that they can't simply pass off to the city and that is reiterated in number one of the general provisions that that's not the intent of this agreement, that they still have a responsibility. But also the one -- the liability that we were the most concerned with was -- is now number six in the City of Meridian's responsibilities. In there it says the city is responsible, but instead in the prior agreement where it said we were just simply responsible for everything that occurred, we are responsible for anything, our employees or our agents or our contractees perform in this site. So, we are not responsible for anyone else. Now, we are going to -- they are paying us to help mitigate the site, but we are the ones that control that construction and maintenance. So, it is just our actions that we are responsible for. And this is consistent with the other highway district or ITD agreements that we have had. And ITD was fine with that and they changed it the day we met with Kyle and them and so, yeah, we are comfortable with that. It covers the city. Meridian City Council • • July 22, 2008 Page 16 of 40 De Weerd': Okay. Any other questions or comments? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we are approve the local agreement for the Five Mile Wetland Restoration and authorize the Mayor to sign and the Clerk to attest. De Weerd: Okay. I have a motion and a second to approve this item. Any discussion? Radek: Sorry. Just as a point of clarification, we need the state local agreement and, then, we need the license agreement with Nampa -Meridian. Rountree: And I will include in that motion the license agreement with the Nampa -Meridian Irrigation District. Zaremba: Second agrees. De Weerd: Okay. If there is no further discussion, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Nice job, Kyle. Thank you for coming back. Your pictures were much nicer. Barry: Madam Mayor, if I may, first, I'd like to thank the Council's support, as well as yours, for this particular project. And I also wanted to say, as a side note, that we hope that these types of projects become more -- that we are, essentially, doing more of these projects in the future. We feel strongly that the benefits for these types of projects are many, as has been described. We also feel that these kinds of projects are part of the low hanging fruit that I have described to you in past meetings as it relates to coming into compliance with some of our regulatory requirements. As Mr. Radek had said, native plants trap nutrients, they can also trap other types of -- of water quality concerns and certainly on Five Mile Creek where we discharged our wastewater, we might be able to utilize wetland plants, as well as in -stream riparian plants, to help us trap and remove phosphorus and nitrogen and other source of water quality concerns, which would help to potentially reduce loadings on a stream -by -stream basis. So, not just because of the regulatory benefits and the environmental benefits and the flood capacity benefits, but also because of the community character we hope to build with these connections, we intend to -- to categorize our streams and identify various projects along different areas to utilize that as a baseline for bringing about further improvements on our creek system. So, I appreciate your support again and just wanted to make a side note that we hope to bring many more projects as exciting, if not more so, to your attention and for approval in the near future. Meridian City Council Is July 22, 2008 Page 17 of 40 0 De Weerd: Thank you, Tom. And I would hope that -- I know in our discussions we have made an example that maybe the Bud Porter Pathway might be a good project to take a look at. The steep slopes on that with it next to our -- a walking path and the starkness of -- of that area, I think it would be a really good water area to take a look at and making that an amenity and increasing the public safety aspect of it. So, thank you. H. IT Department: 1. Approve Contract and Award of VoIP City Hall Network Solution RFP IT -08-002 to Valcom, Inc. for City Hall Network Solution for a Not to Exceed Amount of $100,000.00: 2. Approve Contract and Award of VoIP City Wide Phone System RFP IT -08-003 to Valcom, Inc. for Voice Over Intranet Protocol Phone System for a Not to Exceed Amount of $150,000.00: De Weerd: Okay. Under our IT Department. Mr. Nary. Nary: You sound so surprised. De Weerd: I don't see Mr. Paternoster. Nary: Madam Mayor, Members of the Council, Mr. Paternoster had family duty tonight, so I told him I would cover this. These are two bid awards. One is for the voice over IP network for the City Hall, as well as the voice over IP city wide phone system. These are bid awards, both to ValCom. Mr. Watts was involved with this bid process as well. We had a number of bids for both of these. It appears for the phone system we had five responders and for the network system we also had five responders. There was a -- it looks like a fairly engaged process for the folks that were involved in the rating of these and the ranking of these. On the phone system it wasn't really even close. The ValCom successful bidder was probably ten percent better in scoring -- or close to ten percent better in scoring than the next responder. They did a live demonstration last week with about 25 city employees. They did a survey immediately afterwards. Seventeen of the employees -- these were folks that -- Ms. Holman was there. Members from the utility billing staff, members from various departments, Public Works and such, that will be active users of the phone system, they were all very impressed with the -- the successful bidder. They also supported the city going forward with these. On the network solutions one, again, it was a fairly engaged process with the IT staff and Mr. Watts to find the best one. This was a little closer. There was about a ten percent difference in the point scales here, but here the -- the technology differences were a little bit closer. In talking with Mr. Paternoster, there were probably two things that were most significant. One was the price and the value that the city would be getting for that price and, secondarily, was the service that the city would be getting. Meridian City Council • • July 22, 2008 Page 18 of 40 Although there was some on-site service that's available from one vendor, the other vendor actually has better service, even though they don't necessarily have on-site people. So, it was a fairly lively debate between the IT staff on which one would fit the city's needs long term, but they are comfortable that this -- we can go forward with both of these bid awards. They both were under budget as far as I understand of what was potentially proposed and significantly under budget between the prices of these different vendors. So, it was a -- I think a good process for everybody. It did save the city some money that probably will be spent elsewhere on this project. But I think it was a significant value to the city that we are getting. 1 don't know if Mr. Watts has anything else to add. Watts: No. Just to remind you, once again, it was an RFP, not a straight bid, so it was an evaluated. We actually did go with the lowest responder on both these RFPs, it just happened to be the best solution for the city as well, so -- De Weerd: That is great. Watts: And overall I would say we are -- we are around 70 to 75 percent of what was budgeted for these. De Weerd: Excellent. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: One kind of a sideways question. About the only thing I know about the voiceover internet protocol phone systems is that you don't access 911 the way you would expect to. Does anybody know how that works? Watts: I don't have that information, no. Nary: I sat through the demo, Council Member Zaremba, but I don't recall that specifically coming up, so I don't -- I don't know. Ms. Holman, did you recall -- I don't recall that kind of discussion. Holman: I don't remember how the 911 -- we demoed so many phone systems, but I don't remember anything specific to that, so I'm not sure, but I can find out. Watts: Excuse me, Ms. Holman. I do know there are a number of analog lines that will be coming into City Hall as well and I'm not sure if those will be used for 911 or not. Simmons: I can finally use some of my previous existence. E911 voice is something that the Congress is mandating. I don't know the implementation date that the FCC was going to have to do, but it is a requirement that the voiceover has to have E911 Meridian City Council • • July 22, 2008 Page 19 of 40 capabilities and their technology was saving that out. So, it will be part of the system, but when that date -- I can't say if that's been implemented today or not. Holman: And, Madam Mayor and Council Members, if I can interject one other thing. I know with these phone systems with so many different lines being in the City Hall, if someone were to call 911 from a specific line, it relates -- I know it relates that information as to where that came from in the building, instead of just saying there is a 911 call from the City Hall building, it actually says where it came from. So, I'm guessing that it has some sort of a system. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Any other questions? Yes, Mr. Bird. Bird: I have none. Not a question, but I -- if nobody has a question, I'm ready to make a motion. De Weerd: Okay. Bird: I move we approve the contract with VOLP -- or no. ValCom. I'm sorry. For the network solution for 100,000 and with ValCom for the voiceover internet protocol phone system not to exceed 150,000 dollars. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve these two items. Any discussion? Seeing none, Madam Clerk, will you call roll. Watts: Madam Mayor, I just wanted to clarify, the network solution was also a not to exceed 100,000. We believe these are both on the high side. Thank you. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Request for Fee Reduction for Rezone Application for 3131 Lanark, LLC and 3163 Lanark, LLC by Patrick McKeegan Architects: De Weerd: Item No. 8 is a request for a fee reduction. I will ask Pete for comments. Meridian City Council • July 22, 2008 Page 20 of 40 Friedman: Thank you, Madam Mayor, Council Members. This is a request by Mr. McKeegan for a fee reduction on a rezone application that he is proposing to put forward. If you will recall, last spring his clients proposed a rezone on Lanark Street. That rezone was ultimately denied by the Council. They have rethought their plans, have come back, they had a pre -application with our staff last week and indicated that many of the conditions haven't changed there and that they didn't feel that the full rezone fee was appropriate and necessary. Staff does not support this request. I have looked at the UDC section on fee waivers and it is clear the Council may waive all or part of a fee upon a demonstration of hardship and having reviewed Mr. McKeegan's letter, I certainly understand their position, but I didn't note a hardship in there, so we don't support the request. In addition, there will still be work to.be done by staff. There will be some analysis. There will be posting. There will be time by city clerk staff, there will be time by planning department staff at the hearings. So, it's not all just a matter of kind of cutting and pasting a staff report. De Weerd: Okay. Thank you, Pete. Any questions for staff? Bird: I have none. Rountree: I have none. De Weerd: Any questions of the applicant here? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird.: I move we deny the request for fee -- fee reduction at 3131 Lanark, LLC and 3163 Lanark, LLC, by Pat McKeegan, architect. Rountree: Second.. De Weerd: Okay. I have a motion and a second to deny Item No. 8. Any discussion? Hearing none, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 9: Request for Reconsideration of Conditions for Waltman Property / Browning Annexation by Shawn Nickel with Rose Law Group — 505, 521, 615 and 675 Waltman Lane: De Weerd: Okay. Item 9 -- Borton: Madam Mayor, I will be in the back. Meridian City Council • • July 22, 2008 Page 21 of 40 De Weerd: Okay. -- is a request for reconsideration of conditions for the Waltman Property / Browning Annexation. Pete. Friedman: Thank you, Madam Mayor, Council Members. Mr. Nickel from the Rose Law Group has submitted a request for reconsideration on your decision approving the Waltman Property / Browning Plaza annexation and rezone. In a meeting with staff last week he went over some of the points he's interested in bringing back before the Council and staff at least supports the reconsideration and believes that at least it would be good to get some of the issues clarified and brought back before Council. So, we are supporting their request and would recommend that if you choose to reconsider it, that you set a new hearing date. I believe either the 12th or the 26th of August or the soonest that those could get on the agenda. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just for my own information, we are being asked. for reconsideration for clarification, not a change in -- necessarily in the outward direction on this particular application, but a clarification of many of the -- of a few of the many stipulations that were made, some of which might be in conflict with one another. Friedman: Madam Mayor, Council Member Rountree, Council, I believe that is the case. I was not a party to the discussion, so -- Rountree: Okay. De Weerd: I believe that's what was mentioned in the letter. If you have any clarification, questions that you would like to ask of the applicant, but it is -- Rountree: I mean he's here, if he wants to say something. De Weerd: Would the applicant like to add anything? You can't provide testimony per se. Nickel: Thank you. Madam Mayor and Council. Shawn Nickel. 6223 Discovery Way, Suite 200, Boise. De. Weerd: Thank you. Nickel: We have asked for reconsideration to clarify several of the conditions that seem to conflict with one another and we have also asked for reconsideration of one of the Meridian City Council • July 22, 2008 Page 22 of 40 conditions that we were not in favor of, which I believe would require -- or would need to require some public -- De Weerd: Comment? Nickel: -- comment. Rountree: Okay. De Weerd: Thank you. Nickel: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If there is no further comments or questions, I would move that we approve the request for reconsideration of the Waltman Property / Browning Annexation identified in Item No. 9. Bird: Second. De Weerd: Okay. I have a motion and a second regarding reconsideration on this Waltman Property / Browning Annexation. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I'm assuming that that -- if we vote yes, which it.sounds like we are going to, that that will generate another notice of public hearing. I would like to ask that the notice be very specific about the items that are being requested to be reconsidered, so that we don't open up the discussing to everything that was ever said again. De Weerd: Excellent suggestion. Mr. Nary, can we do that? Nary: We have never done that before. Madam Mayor, Members of the Council, we have never -- once you have requested reconsideration, it's very difficult to try to narrow it to one topic or one issue, because that one issue may lead to other issues, which, then, means you wouldn't have noticed to other people that you may talk about somebody else. Since they want to change one -- and I don't have the letter in front of me from Mr. -Nickel, but they, basically, want another discussion about an item that you have already ruled on in one direction, they would like you to rule another way. So, would be -- I wouldn't recommend you try to limit it, only because I think you will end up with a situation that you may have to have a second hearing if you do. I know that's Meridian City Council July 22, 2008 Page 23 of 40 probably not the answer you were seeking, but I'm afraid that you would be -- I'm afraid that you would be putting yourself in a pickle to have to have another hearing, because you may have opened the door to other issues that may come up. Zaremba: I thoroughly understand the logic of that. Rountree: Madam Mayor, it seems to me, if *what Mr. Nary said registered, could we not notice it for reconsideration of -- for clarification and discussion of the conditions for the development agreement? Nary: Madam Mayor, Members of the Council, Council Member Rountree, I guess you could. What I would suggest you do is we not treat this differently than any other one. Rountree: Okay. Nary: But you can certainly in your hearing direct to the folks this is the issues that have been raised and this is the issues we are going to concentrate our decision on. You can stand up here for three minutes and talk about whatever you want to talk about, but we are going to focus our attention on these things and maybe help direct them in that regard, rather than feeling like we are opening up this whole discussion all over again. But, again, I'm just afraid if you limit it on the front end, you will end up holding -- having to hold another hearing, just because the discussion may diverse -- my digress, especially on this particular project. Rountree: Appreciate that. Don't change my motion, then. Bird: No. Leave it like it is, because -- Madam Mayor? De Weerd: Mr. Bird. Bird: I think what Bill is telling us is very, very good, because every time we have continued public hearings for specific items it just isn't that item, because all it takes is one person to mention something in a public hearing and, then, you're basically wide open again. So, let's leave it like it is. I think Mr. Rountree had a very good motion. De Weerd: Okay. We have a motion in front of you to approve the request for reconsideration and to set this for posting for the normal public hearing process and I assume that includes that the applicant would pay for all the necessary postings and mailings. Okay? Do I need a roll call vote on that? Nary: Madam Mayor, yes. De Weerd: Okay. Roll call vote, please. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, absent. Meridian City Council • • July 22, 2008 Page 24 of 40 MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. If someone will find Councilman Borton. Rountree: Well, we have two more items on that topic. De Weerd: Oh, I'm sorry. Rountree: Question for legal counsel,.Madam,Mayor? De Weerd: Yes. Item 10: Findings of Fact and Conclusions of Law for Approval: AZ 06-063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C -G zones for Waltman Property (aka Browning Plaza) by Waltman, LLC — 505, 521, 615 and 675 Waltman Lane: Item 11. Findings of Fact and Conclusions of Law for Approval: PP 08-001 Request for Preliminary Plat approval of 52 commercial / office lots and 1 common lot on 38.21 acres in a proposed C -G zoning district for Browning Plaza (aka Waltman Property) by SLN Planning, Inc. — 505, 521, 615 and 675 W. Waltman Lane: Rountree: On Items 10 and 11, do we vacate those because of that action or do we carry them over? Nary: Madam Mayor, Members of the Council, you can simply vacate them at this point, because they may change or they may not. We can always bring them back. You can just vacate them off this agenda. Rountree: Madam Mayor? De Weerd: Uh-huh. Mr. Rountree. Rountree: I move that we vacate Items 10 and 11. Bird: Second. De Weerd: Okay. I have a motion and a second to vacate Items 10 and 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: FP 08-011 Request for Final Plat approval 11 commercial building lots and 1 other lot on 10.213 acres in an L -O zoning district for Bridgetower Meridian City Council July 22, 2008 Page 25 of 40 Crossing Subdivision No. 15 by Primeland Investment Group, LLC — Linder Road and Coppercloud Way: Item 13; FP 08-012 Request for Final Plat approval for 8 commercial building lots on 6.75 acres in a C -N zoning district for Bridgetower Crossing Subdivision No. 16 by Primeland Development Co., LLC — Ten Mile Road and Quintale Drive: De Weerd: Okay. Items 12 and 13 are. final plats on 08-011 and 08-012. 1 will ask for staff comments. It does look like the applicant has approved staff recommendations. Friedman: Yes. Thank you, Madam Mayor, Council Members. The Mayor is quite correct. We have letters from the applicant agreeing with the conditions of approval for these two final plats and so we have recommended that the Council go ahead and approve them. De Weerd: Thank you. Any questions from Council? Rountree: I have none. Bird: I have none. De Weerd: Okay. Do I have a motion? Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we approve the final plat for Item 12, FP 08-011 and Item 13, FP 08-012. Bird: Second. De Weerd: Okay. I have a motion and a second to approve these two items. If there is no discussion, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 14: Continued Public Hearing from June 17, 2008: MI 08-004 Request for a Miscellaneous application for Modification of the Development Agreement for Dorado Subdivision by the City of Meridian — Northwest Corner of South Eagle Road and East Overland Road: De Weerd: Okay. Item 14 has been requested to withdraw. Meridian City Council July 22, 2008 Page 26 of 40 Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we withdraw the Item MI 08-004. Rountree: Second. 171 Bird: Okay. I have a motion and a second to withdraw Item 14. Do I need roll call? Voice vote. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 15: Continued Public Hearing from July 1, 2008: AP 08-003 Request for City Council Review for an Appeal of Director's Determination to deny alternative compliance to allow a portion of the former Idaho Truss site to be used for shared parking for the Broadway Integrated Project (CZC 08-018) by Ward Schwider — 130 East Broadway Avenue: De Weerd: Okay. Item 15 is a continued public hearing from July 1 st on AP 08-003. 1 will ask for staff comments on this public hearing. Rountree: Continuance. De Weerd: Oh, I'm sorry. Bird: Madam Mayor? De Weerd: Yes. Bird: Unless you want to do it before we continue, I move that we continue this AP 08- 003 to August 12th, 2008. Rountree: Second. De Weerd: Okay. I have a motion and a second to continue this until August 12th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 16: Continued Public Hearing from July 8, 2008: AZ 08-006 Request for Annexation and Zoning of 0.92 of an acre from R1 to an R-2 zone for Alter Property by Denise Alter — 2741 East Leslie Drive: Meridian City Council July 22, 2008 Page 27 of 40 De Weerd: Okay. Item 16 is a continued public hearing from July 8 on AZ 08-003 will ask for staff comments. Friedman: Thank you, Madam Mayor, Council Members. This is a continued hearing of an annexation request by Denise Alter. Mrs. Alter has requested annexation for a lot in the Carol Subdivision. The purpose of her request is to avail herself of city utilities in order to construct a new home and shop building on this. The initial application was heard by the Planning and Zoning Commission on June 5th and they have forwarded to you a recommendation for approval. The approved recommended zoning for the property would be R-2, since the site is nearly an acre in size and it would have a single family home and a shop on it, it would reflect the low density zoning that would attach with the annexation. We have seen no written comment in response to this application. The only comment that's in the record is a letter from Mrs. Alter stating that she would be here tonight to support her application. So, staff recommends approval of the annexation and rezone request. De Weerd: Okay. Any questions for staff at this time? Rountree: I have none. Bird: I have none. De Weerd: Okay. Is the applicant here? Yes, ma'am. Good evening. Alter: Good evening, Madam Mayor and Council. De Weerd: If you will, please, state your name and address for the record. Alter: Denise Alter. 3918 East Vantage Point Lane in Meridian. De Weerd: Thank you. Alter: And I'm simply here to answer any questions you may have regarding my new house and shop. De Weerd: Thank you. Council, any questions for the applicant? Bird: No, I don't think so. Rountree: No. De Weerd: Pretty straight forward. Thank you. Okay. This is a public hearing. Is there any member of the public who would like to provide testimony on this application? Okay. Seeing none -- Rountree: Madam Mayor? Meridian City Council • July 22, 2008 Page 28 of 40 De Weerd: Yes, Mr. Rountree. Rountree: I move that we close the public hearing on Item 16. Borton: Second. De Weerd: I have a motion and a second to close the public hearing on Item 16. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the request for annexation for AZ 08-006, Alter Property. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 16. If there is no discussion, Madam Clerk, will you call roil. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 17: Vacated from July 1, 2008: MFP 08-005 Request to Modify the previously approved Final Plat (FP 05-076) by removing the requirement for a 5 -foot detached sidewalk along Lots 54-66, Block 5, which are located on the south side of E. Deerhill Street between Montague Way and Genoard Avenue for Messina Meadows by Tuscany Development, Inc. - Y2 mile west of South Eagle Road and Y2 mile south of East Victory Road: Item 18: Public Hearing: VAR 08-005 Request for Variance to UDC 11-2A-6 which requires building setbacks to be measured from sidewalk or property line; applicant requests to measure street setback from the back of ribbon curb for 12 lots, located on the south side of E. Deerhill Street between Montague ay and Genoard Avenue in Messina Meadows Subdivision No. 1 for Messina Meadows by Tuscany Development, Inc. — south side of Deerhill Street approximately Y2 mile west of South Eagle Road and approximately Y2 mile south of East Victory Road: Meridian City Council • • July 22, 2008 Page 29 of 40 De Weerd: Thank you. Items 17 and 18, we have a request by staff for a continuance of both these items to August 26th. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue MFP 08-005 and VAR 08-005 to August 26, 2008. Rountree: Second. De Weerd: Okay. I will note for the record that these two items were open for the public hearing on MFP 08-003 and VAR 08-005. 1 do have a motion and a second to continue these two public hearings on Item 17 and 18 to August 26. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 19: Public Hearing: SHP 08-006 Request for Short Plat to create 4 office condominiums in an existing building on 1 commercial building lot on 0.66 of an acre in an I -L zone for Northhickory Condominium by Hickory Land Partners, LLC —1020 North Hickory Avenue: De Weerd: Okay. Item 19 is a public hearing on SHP 08-006. 1 will open this public hearing with staff comments. Friedman: Thank you, Madam Mayor, Council Members. Hopefully, this one is as straight forward as the annexation. What you have before you is a short plat to develop a condominium -- in other words, divide an existing building into four suites that could, then, be sold off. Staff has reviewed this recommended approval. The applicant is in agreement with the conditions of approval. De Weerd: Thank you, Pete. Council, any questions? Bird: I have none. De Weerd: Okay. Is the applicant here this evening? Koerner: Madam Mayor, Council Members, Larry Koerner, Associated Land Surveyors, Civil Engineers. 1103 Main Street, Middleton, Idaho. I am just representing the applicant and I have read and agree with all comments in the staff report and the addressed one item for a note on the final plat having to do with a note for the irrigation -- pressure irrigation. De Weerd: Okay. Council, any questions for the applicant? Meridian City Council • July 22, 2008 Page 30 of 40 Bird: I have none. De Weerd: Yes. Who said Madam Mayor? Oh, I'm hearing things. Okay. If there is no questions from Council for the applicant -- am I correct? Okay. Thank you, sir. Koerner: Thank you. De Weerd: Okay. This is a public hearing., Is there anyone who would like to provide testimony on this application? Okay. Borton: Madam Mayor? De Weerd: Yes. Borton; I move we close the public hearing on Item 19, SHP 08-006. Zaremba: Second. De Weerd: Okay. I have a motion and a second to close the public hearing on this item. All those in favor say eye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we approve Item 19, SHP 08-006. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve Item 19. Any discussion from Council? Bird: I have none. De Weerd: Okay. Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 20: Public Hearing: MI 08-006 Request for Miscellaneous application to modify Sub -section 6, "Conditions Governing the Subject Property' item A3 of the recorded Development Agreement which requires CUP approval for any future church / office uses for Verona Subdivision by Primeland Meridian City Council • • July 22, 2008 Page 31 of 40 Investment Group, LLC — Northeast Corner of West McMillan Road and North Ten Mile Road: De Weerd: Okay. Item 20 is a public hearing on MI 08-006. 1 will open this public hearing with staff comments. Friedman: Madam Mayor, Council Members, I am going to turn this project over to Mr. Parsons, who was more heavily involved in it than I was, so I'm turning it over to Bill. Parsons: Thank you, Madam Mayor, Council Members. This is DA modification to the existing Verona Subdivision. Council remembers some history on this site here. Roughly three or four months ago there was a first addendum to the DA that modified it to -- and, then, pulled out these portions and incorporated it into a new DA for the Verona commercial project. Well, after the applicant had moved forward to develop these six commercial lots -- office lots I should say, they realized that in their current DA it requires CUP approval for any development to occur within those six lots. So, staff has recommended to the applicant that they come in and modify their DA to remove that provision. Here is the aerial of the site again. You can see there is nothing developed, it's pretty much vacant commercial land. The applicant has submitted photos. These are the same exact photos that you guys tied them to with the amended DA for the Verona commercial project. I won't bore you with all of them, but I'll just flash through them real quick. If you recall, there is roughly ten or 12 photos that you guys liked at that public hearing. So, I will quickly go through these. Staff is recommending that, these elevations be tied to the amended DA as well. In addition to adding those -- these elevations to the provisions or to the amended DA, staff is also requesting that they construct a minimum of three buildings on the site, not to exceed 15,000 square feet and also we are also asking them -- or also requiring that all of those six office lots comply with current UDC standards in regard to dimensional standards and permitted and conditional uses in the L -O zoning district. The applicant is here tonight. I have not received confirmation that he's in agreement with these DA provisions. And with that I would be happy to answer any questions that Council and Mayor may have. De Weerd: Thank you. Council, any questions? Rountree: Not at this point. De Weerd: Okay. Thank you. Is the applicant here? Christensen: Madam Mayor, Members of the Council, my name is Chuck Christensen. I work for Quadrant Consulting, whose address is 9104 West Overland in Boise. I'm here representing the applicant and we have reviewed the city staff report and are happen to comply with all the conditions of approval in that report. De Weerd: Okay. Thank you. Christensen: Do you have any questions? Meridian City Council July 22, 2008 Page 32 of 40 De Weerd: Council, any questions for the applicant? Bird: I have none. Rountree: I have none. De Weerd: Thank you very much. Christensen: Thank you. • De Weerd: Okay. This is a public hearing. Is there anyone who would like to provide testimony on this application? Yes, sir. If you would, please, state your name and address for the record. Payne: My name is Gary Payne. I live on 2940 Wapoot, which is across the street from these new buildings you're building. De Weerd: Thank you, sir. Payne: And I was wondering why we are changing our zoning so much. That was R-4 residential, now they are -- and, then, they change it to single story office buildings, remember. Now, we are going two stories. Two or three on the pictures. This is a residential area and they are building a bigger complex on the other side of the street to the south of us, and, yet, they are wanting to box all the residential right into -- right into nothing. We paid a lot of money for our homes and now they are trying to turn them commercial. My yard faces the back of these buildings -- or the side of these buildings. My home does. And I think they should have -- they have enough other commercial areas around there that they could stay with the regular one story zoning for these buildings, which was the original. Thank you. De Weerd: Thank you, sir. Okay. Was this -- was this originally zoned for office? Bird: Yes. It was part of a -- De Weerd: If I recall right? Parsons: Madam Mayor, Members of the Council, yes, it was approved as a use exception. It was originally zoned R-4 and, then, I believe in '05 the site was rezoned to L -O to match what was on the Comprehensive Plan. De Weerd: So, that was all part of the net under the old planned development -- Parsons: That is correct. Meridian City Council July 22, 2008 Page 33 of 40 • De Weerd: -- and it all was a net R-4 zoning;, but on the site specific plan it was designated as light office. Parsons: Excuse me. I believe it was R-8 zoning. I'm sorry. I believe that whole subdivision is R-8, so just a clarification there. De Weerd: Okay. Parsons: But that is correct. It -- De Weerd: On the plat that was approved it was light office. Parsons: When -- Madam Mayor, Members of the Council, when that -- when the PD was approved, those six lots were originally three lots and, then, in '05 they replatted that into six lots and rezoned it to L -O. De Weerd: Okay. So, when they were platted three lots, they were zoned for what? Parsons: They were zoned R-8, but they were approved as a use exception for office use. De Weerd: For office. Okay. Was there height restrictions at that time? Parsons: Madam Mayor, in all of the R-4 zoning districts the height limit is 35 feet and that also carries -- that height limit is also in the L -O zoning district in our code today. So, as far as height limits, the applicant is in agreement with those dimensions. They won't -- any building in that site will not be able to exceed that 35 feet requirement. De Weerd: Okay. So, the height restrictions are the same as they are in a residential -- Parsons: This is correct. De Weerd: Okay. So, I hope that answers some of your questions. Sir, if you would -- was trying to get answers for you. Payne: And they rezoned part of that section in December. We had a hearing here on that to change it from R-12 to light office. I mean R-4. And so it was December. come down at that meeting. De Weerd: Okay. And it sounds like that was a clean up. It was allowed on the plat. They did move it from three lots to the six. Payne: Yeah. They keep changing it. You're aware of -- you know, they keep expanding and making it bigger and changing their development and where it was set up as a residential area, then, why do we need to keep expanding our business into residential areas. Thank you. Meridian City Council • July 22, 2008 Page 34 of 40 De Weerd: Okay. Thank you, sir. Okay. Any questions from Council for staff? Does the applicant want to make any wrap-up remarks or comments to the testimony we have received? Okay. The applicant has no further comment. Council, any further information needed? Rountree: Madam Mayor, I, just for the record, would like it clarified that this area -- I assume from the original action taken, what, in 2002, that the intent was a multiple use planned unit development and the intent was not necessarily that this all be residential, but it be a combination of residential, commercial, and light office. And that the only clarification being made is that the zoning changes -- regulations since that original action under the previous Council, had established the light office and the commercial and that's what happened previously. Now, we are acting on, essentially, the same decision with respect to just modifying the development agreement that was in place. Or are we doing something different than that? De Weerd: Pete? Friedman: Madam Mayor, Council Members, I think, as a point of clarification, the applicant has requested a development agreement modification. Even if that -- even in the absence of this modification, the property is -- still remains zoned L -O and the only difference -- pardon me -- is that they would have to come in for conditional use permits on the individual lots. The zoning would remain in place. The allowed uses would remain in place. The limits established in the zoning ordinance for building height would remain in place. So, the underlying action, really, isn't affecting the commercial nature of the zoning on the property. De Weerd: So, the zoning of the property was made earlier and what was earlier this year was just a clarification of what the plat depicted with the light office. Friedman: I believe that's correct. Yes. De Weerd: Okay. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Not to belabor the point, but, Madam Mayor, Members of the Council, if you recall, we had a number of these types of developments that occurred in the last five to seven years that had conceptual plans. We did require CUs for development. This is probably the fourth one you have seen in the last year that have finalized what their plans are and we are tying those plans to the development agreement. So, as Mr. Friedman has said, we didn't change what was allowed to be built on it. What they done is they have done their homework and figured out what's the best use for that property that fits into the zone that was already approved and that's what we are tying into this. Meridian City Council • July 22, 2008 Page 35 of 40 011 So, this doesn't really change what was going to be on there, it more specifically allows -- without it having to go through a conditional use process on each one, because they have satisfied the city's planning and building department that they have met the standards and requirements that are in our code. So, I don't think -- at least if that helps the neighbor at all. This is not a change, really, in use, this is really specifying specifically what it's going to be, whereas originally when it was annexed that was left open with the conditional use being the trigger the city would have to get this exact specificity we have today. De Weerd: Thank you. And I hope that adds some clarification for you. Okay. Council, if there is no further information needed, I would entertain a motion to close the public hearing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird I move we close the public hearing on MI 08-006. Rountree: Second. De Weerd: Okay. I have a motion and a second to close the public hearing on Item 20. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve MI 08-006. Borton: Second. De Weerd: Okay. I have a motion and a second to approve Item 20. Is there any discussion? Rountree: Madam Mayor, I don't want to assume. The motion includes the recommendations from staff? Bird: Yes. Yes. Rountree: Okay. Borton: Second agrees. Meridian City Council July 22, 2008 Page 36. of 40 De Weerd: And the attached elevations. Rountree: And the attached elevations. De Weerd: Okay. Madam Mayor, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 21: Ordinance No. : RZ 08-001 Request to Rezone 0.32 acres from R-4 to O -T zone for Trinitv Assisted Living by Elisha Ricky — 1353 West 1 st Street: Item 22: Ordinance No. AZ 06-022 Request for Annexation and Zoning of 9.98 acres from RUT to an R-4 zone for Prato Villas Subdivision by Kevin Harris of Briggs Engineering — 4052 & 4202 West Daphine Street: De Weerd: Thank you. Items 20 and 21 are ordinances 08-1374 and 08-1375. Madam Clerk, will you, please, read these two ordinances by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 08-1374, an ordinance finding that Elisha Ricky, the owner of certain real property, has made a written request for rezone of the zoning classification RZ 08-001, Trinity Assisted Living, for real property being situated within the northeast quarter of the northwest quarter, Section 12, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, Lot 8, Block 1, Western Subdivision, Book 24, Page 1498, Ada County Records, also the west 30 feet of a portion of West 1st Street, as described in attachment A of this ordinance, and rezoning certain lands and territory situated in Ada County, Idaho, and in the corporate limits of the City of Meridian and rezoning the land use zoning classification of said lands from R-4, Medium Low Density Residential District, to O -T, Old Town 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. Holman: City of Meridian Ordinance No. 08-1375, an ordinance AZ 06-022, Prato Villa Subdivision, for annexation of property being a portion of West Daphine Street and all of Lot 6 and 7, Block 2 of Black Cat Estates No. 2, as recorded in Book 32 of Plats, Page 1945 and 1946, -Ada County Recorder's office, located in the south one half of the southwest one quarter of Section 27, Township 4 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, adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and Meridian City Council • July 22, 2008 Page 37 of 40 determining the land use rezoning classification of said lands from RUT, Ada County, to R-4, Medium Low 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. De Weerd: Thank you. You have heard these two ordinances read by title only. Is there anyone who would like to hear them read in their entirety? Hearing none, Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve Ordinance 08-1374 and Ordinance 08-1375. Bird: With suspension of rules. With suspension of =- Zaremba: With suspension of rules. Yes. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 21 and 22, with suspension of rules. If there is no discussion, Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Council, we are at the end of our agenda. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I have one item before we adjourn. De Weerd: Yes, sir. Rountree: National Night Out. August 5th. The dinner or the buffet is in the afternoon in Boise at the Applebee's where? Nary: On Vista. Rountree: On Vista. Meridian City Council • • July 22, 2008 Page 38 of 40 Nary: Or off of Vista. Rountree: Off of Vista. I don't know how many plan on attending. I think Councilman Bird wants to attend that. Bird: It depends on our -- our schedule. Rountree: We do have to have a short session of Council to act on a couple quick item and, then, we need to meet up with our respective police escorts and do the National Night Out activity. It's a question of timing on the Council meeting. It tentatively is set up for 5:00, but that doesn't give anybody much time to get into Boise and get back in rush hour traffic. We will be having the meeting at the police department, so we can make a quick connect with the police officers -- yeah. An escort. Yeah. Maybe we can get them to escort us back into town. De Weerd: Uh, no, you can't. Rountree: But I assume, lieutenant that your folks will be in Boise at the meeting -- or at the buffet? Basterrechea: Yes. We can arrange to -- if you want, we can arrange to take -- Rountree: And do you know what time you anticipated being back and starting the tour? Basterrechea: We usually try to start hitting some of the neighborhoods by 5:00 o'clock. Right in that area. Rountree: That doesn't leave much time in Boise if that event starts at 4:30. Basterrechea: Yeah. We are usually there for half an hour to 45 minutes at the kickoff and, then, move over to some of the -- Rountree: So, if the kickoff starts at 4:30, then, we are probably looking more on the order of a quarter to 6:00 to get out of the police office department. Basterrechea: Probably closer to a quarter to 6:00, yes. Rountree: So, again, I don't know how many want to travel with an officer to Boise and - - if no one does, then, we can have our meeting earlier and meet them at the police department. Zaremba: Mr. President? De Weerd: Mr. Zaremba. Meridian City Council is July 22, 2008 Page 39 of 40 • Zaremba: If you're looking for opinions, I would probably skip going to Boise and start the meeting at 5:00 o'clock at the police department. By the time we are done, maybe they -- our escorts would be back. De Weerd: That would be my recommendation as well. Bird: I don't care. Set the time. De Weerd: I mean the traffic coming back, you know, would be a bugaboo. Rountree: Well, we need to send our regards anyway, because I know that they have participated in our activities over here as well. They, however, when they go to Boise, are not in rush hour. They are going the other way. So, Jaycee, at this point let's go ahead and schedule our meeting for 5:30 at the police department on the 5th and we have two items that should take no longer than five to ten minutes. I hope. De Weerd: We do need to encourage comment and participation. Rountree: Yes, we do. Bird: Famous last words. Rountree: Well, we need to have a ten page agenda like we did tonight and we are done by 8:30. De Weerd: Are we? Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we adjourn. Borton: Second. De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:23 P.M. Meridian City Council • • July 22, 2008 Page 40 of 40 (AUDIO ON FILE OF THESE PROCEEDPNGS) MAYOR TAM a WEERD DATE APPROVED ATTEST: Awv't J YC L. HOLMAN, CITYqLERKE�L 9� cp O '%, 9p� �T est • P•r .� July 18, 2008 MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of September 1, 2004 City Council Joint Meeting AGENCY. CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: COMMENTS CITY FIRE DEPT: l -I rove; 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. n U July 18, 2008 MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT ITEM NO. S -B REQUEST Approve Minutes of April 29, 2008 City Council Special Workshop AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 July 18, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT ITEM NO. S -C REQUEST Approve Minutes of June 17, 2008 City Council Regular Meeting July 22, 2008 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: .NU11 ,,,,,,,U,,, Materials presented at public meetings shall become property of the City of Meridian. COMMENTS Date: Phone: July 18, 2008 MERIDIAN CITY COUNCIL MEETING July 22, 2008 • APPLICANT ITEM NO. 5-D REQUEST Approve Minutes of June 24, 2008 City Council Regular Meeting. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE.DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION:, IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: ,,U„ iru,icais. Materials presented at public meetings shall become property of the City of Meridian. COMMENTS Date: Phone: • 0 July 18, 2008 MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT ITEM NO. 5-E REQUEST Approve Minutes of July 1, 2008 Pre -Council Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS apiovovc- July 18, 2008 MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT ITEM NO. 5-F REQUEST Approve Minutes of July 1, 2008 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. July 18, 2008 MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT ITEM NO. S -G REQUEST Approve Minutes of July 8, 2008 City Council Regular Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. July 18, 2008 SH P 08-004 MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT Brighton. Commercial, Inc. ITEM NO. 5-H REQUEST Findings for Approval — Request for Short Plat to amend existing 4 -unit condominium, Building E on a commercial building lot in a C -N zone for Quenzer Commons Condominium Amdmt No. Z — 1545 East Leigh Field Drive 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 Findings See attached Findings i OTHER: Contacted: e1r QI 11/er Date: • I g Phone: Emailed: Staff Initials: Materials presen d at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN �^E MIAN�' FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION &ORDER In the Matter of Quenzer Commons Condominium Amendment No. 2 Short Plat for an amendment to the four units of Building E in Quenzer Commons Condominiums No. 2 Short Plat in a C -N zoning district, by Brighton Development, Inc. Case No(s). SHP-08-004 For the City Council Hearing Date of: July 1, 2008 (Findings on the July 22, 2008 City Council agenda) A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of July 1, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 1, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 1, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 1, 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. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-08-004 -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, Short Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 1, 2008 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Short Plat as evidenced by having submitted the Short Plat dated 5/14/08 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 1, 2008, incorporated by reference. D. Notice of Applicable Time Limits Notice of 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. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-08-004 -2- • the current provisions of Meridian City Code Tittle 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely 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 1, 2008 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-08-.004 -3- By.Wion of the City Council at its regular meeting held on the Z �rd day of J LL- , 2008. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: Jaycee Hohfian, City Clerk Copy served upon Applicant, Attorney. VOTED Uy-0— VOTED VOTED VOTED VOTED-- Mayor Tamed eerd o BEAL 9� T isl . The Planning,p�, Pylic Works Department and City rrrrniit ni��i�� B: Dated: �' L- ✓�� ity lerk's Of ce CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-08-004 -4- CITY OF MERIDIAN PLAII,NG AND PUBLIC .WORKS DEPARTONTS STAFF REPORT STAFF REPORT: HEARING DATE: July 1, 2008 CI V � �:IDIAN- IDAHO TO: Mayor and City Council FROM: Jenny Veatch, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinators- 208-898-5500 SUBJECT: Quenzer Commons Condominium Amendment No. 2 Short Plat Request for Approval of an Amendment to the Floor Plan of Building "E" on the Short Plat for Quenzer Commons Condominiums No. 2 Short Plat in the C -N Zoning District, by Brighton Development, Inc. (File# SHP-08-004). 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 RECOMMENDATION: The Meridian City Council heard these items on ju.1y 1, 2008, At the public hearing the Council approved the subject amendment to thtjharLDjaLapprovin a n w short plat ;11 L In tayore Teter ullyer, 13rlgnton Uorporation ii. In opposition: None iii. Commenting: None iy. Written testimony: No & Staff presenting application: Caleb Hood YL Other staff commenting on application: None 1L Key Issues of Discussion by 1. None j, Key Council Changes to Staff Recommendation L None APPLICATION SUMMARY & LOCATION The applicant, Brighton Development, Inc., is requesting approval of an amendment to the floor plan of the four units shown in Building "E" for Quenzer Commons Condominiums No. 2 in an existing C -N Zoning District (Neighborhood Business District). The differences in square footage of the units between the original plat and the amended plat are as follows: Unit 5 decreased 145 square feet, Unit 6 increased 118 square feet, Unit 7 decreased 274 square feet and Unit 8 increased 351 square feet. No other changes to the previously approved development are proposed. Quenzer Commons Condominiums are located north of E. Ustick Road and west of N. Locust Grove Road at 1545 E. Leigh Field Drive in the NE'% of the SE'/ of Section 31, TAN., R.IE. SHP-08-004 Quenzer Commons Condominium SHP Amendment No.2 .doe PAGE CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPART91!NTS STAFF REPORT The subject property meets all of the applicability requirements as stated in UDC 11 -6B -5A and is eligible to be processed as a short plat. Staff recommends approval of Quenzer Commons Condominium Short Plat Amendment No. 2 with the coniments 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 11-5B-3, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: June 9, 2008, and June 23, 2008 c. Radius notices mailed to properties within 300 feet on: June 6, 2008 REQUIRED FINDINGS FROM UDC 11-611-6 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 future land use of this property as Mixed -Use Neighborhood with a Neighborhood Center designation. The current zoning district of the proposed plat is C -N (Neighborhood Business District). The proposed 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. Water and sewer services have been extended into each unit from adjacent streets. 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 plat 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 condo plat will not require major expenditures for providing supporting services. The developer and/or future 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 finds that the condominimization of the existing building will not involve uses that will create nuisances that would be detrimental to the public health, safety or general welfare. SHP-08-004 Quenzer Commons Condominium SHP Amendment No.2 .doc PAGE Il CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPAR*NTS STAFF REPORT 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. PLANNING & PUBLIC WORKS DEPARTMENT - SITE SPECIFIC CONDITIONS 1. Revise or add the following plat notes on the face of the plat prepared by James R. Washburn, and dated 5/14/08: *.) Provide a signature line for the approval of the City of Meridian Engineer. 2. Complete the Certificate of Owners. 3. If the City Engineer's signature has not been obtained by 7/1/09, the Short Plat approval for this subject project shall expire. 4. Comply with all applicable conditions of Quenzer Commons Subdivision. 5. Comply with all conditions of the Ada County Highway District as they relate to this short plat. 6. Staff's failure to cite specific ordinance provisions of the Unified Development Code does not relieve the applicant of responsibility for compliance. GENERAL CONDITIONS 1. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act (if applicable). FIRE DEPARTMENT COMMENTS Fire Department has no comment on this application. STAFF RECOMMENDATION Staff recommends approval of the Quenzer Commons Condominium Short Plat Amendment No. 2 (SIP -08-004) with the above stated comments and conditions. , The Meridian City Council heard this item on July 1, 2008. At the public hearing the Council approved the subject amendment to the short plat EXHIBITS 1. Submitted Short Plat (2 pages) SHP-08-004 Quenzer Commons Condominium SHP Amendment No.2 .doc PAGI= CITY OF MERIDIAN PLAPING AND PUBLIC WORKS DEPAR*NTS STAFF REPORT PROD C'r AMEND NT N& '2 BUILQItyG E OF QUENZER COMMONS;'OONDOMINIUMS NCJ Z. LOCgTED IN*t NE A/4SE6014,3t TAN, R.tE:, B M.. �►;IERiDIAAf ,ADA COUNTY IDAFi0 ;Etta gg'lYoit3WOK LLC' BOISE..;IUAHO " 811..IN r'.... �I. � r•+u c Exhibit I •PROPDR71DfU1E iNTERFST;IN CQIO(Otl •AREA:AAID V0781C:fiiG11iS. _ ':K IIIilE57 '. UNT.p :Cm11 VA0N�A8iA '.P7+D'VOPpib '8I(aljri' . 1Iffi_IQ' U�y. ilf�p C!,NP�OiI -I.L {ir�Q1.VApiP1 1� ArsAT Oi z� iQ g,vm,. d'S",s1 . 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LiDv, — &" — dw—c R,. • July 18, 2008 S H P 08-005 MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT Todd Meyers ITEM NO. 5-1 REQUEST Findings for Approval — Request for Short Plat approval to create 2 building lots on 1.05 acres in an L -O zone for Camnmann Park Subdivision --North East Corner of Northwest 8th Street and 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 Minutes See attached Findings KVPes' See attached ACRD Comments OTHER: Contacted: Fot44 g even Date: 1' �� Phone: a.? (-IL00.1 Embiled: ff Initials: HCl Materials presentid at public meetings shall become property of the City of Meridian. 0 • CITY OF MERIDIAN IDIAN't. NOSFINDINGS OF FACT CONCLUSI .-' OF LAW AND i 'DAH O DECISION & ORDER In the Matter of Cammann Park Subdivision Short Plat consisting of 2 Building Lots on 1.05 acres in an L -O zoning district, by Todd Meyers. Case No(s). SHP-08-005 For the City Council Hearing Date of. July 1, 2008 (Findings on the July 22, 2008 City Council agenda) A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of July 1, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 1, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 1, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 1, 2008 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § . 11-5A. 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-08-005 -1- • 0 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 Short Plat and Conditions of Approval all in the attached Staff Report for the hearing date of July 1, 2008 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's Short Plat as evidenced by having submitted the Short Plat dated 06/16/08 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 1, 2008 and the applicant's response letter dated June 30, 2008, incorporated by reference. D. Notice of Applicable Time Limits Notice of 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. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-08-005 -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 may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 1, 2008. G. Attached: Applicants response letter for the hearing date of July 1, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-08-005 -3- 0 • By action of the City Council at its regular meeting held on the 2Z h0 day of 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Mayor Attest: Jaycee H an, City Clerk VOTED VOTED VOTED VOTED �o Weerd SEAL Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. B Dated: ity Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-08-005 -4- CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTONTS STAFF REPORT STAFF REPORT: - E IDIA -- 1'D A.H O HEARING DATE: July 1, 2008 TO: Mayor and City Council FROM: Kristy Vigil, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator 208-898-5500 SUBJECT: Cammann Park Subdivision Short Plat Request for Approval of Cammann Park Subdivision Short Plat Consisting of 2 Building Lots on 1.05 Acres in an L -O Zoning District by Todd Meyers (File# SHP-08-005). We have -reviewed this submittal and. offer the following conditions of the applicant. APPLICATION SUMMARY & LOCATION The applicant, Todd Meyers, has -applied for short plat approval of 2 office building lots on 1.05 acres in an L -O zoning District for Cammann Park Subdivision. Cammann Park Subdivision is located on the northeast corner of NW 8`" Street and Cherry Lane in the SW '/ of Section 1, T.3N., R.I W. It appears this property was previously split incorrectly in 1985 (the applicant did not have documentation that a legal split occurred prior to 1984). Therefore, the applicant is submitting a Short Plat application to legally divide the parcel into two lots. The subject property meets all of the applicability requirements as stated in UDC 11 -6B -5A. Staff recommends approval of Cammann Park Subdivision 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 11-5B-3, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: June 9, 2008 and June 23, 2008. c. Radius notices mailed to properties within 300 feet on: June 6, 2008. REQUIRED FINDINGS FROM UDC 11-613-6 SHP-08-005 Cammann Park Subdivision SHP.doc PAGE 1 CITY OF MERIDIAN PLANKING AND PUBLIC WORKS DEPARANTS STAFF REPORT 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 future land use of this property as Mixed Use - Regional. The current zoning district of the proposed subdivision is L -O (Limited Office district). Although, the Comprehensive Plan designation is commercial the L -O zone is a commercial zoning district. Therefore, the proposed subdivision 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 proposed development. Water and sewer services are proposed to be extended into each lot from adjacent streets. 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 subdivision 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 put in as a requirement of the developer and any easements shall be granted. 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 lot owners will finance the extension of sewer, water, utilities and pressurized irrigation to serve all lots is this project. E. The development will not be detrimental to the public health, safety or general welfare; and Council recognizes the fact that traffic and noise may increase with the approval of this subdivision; however, staff does not believe that any additional amount generated will be detrimental to the general welfare of the public in the surrounding area. Staff finds that the development of this site 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. SHP-08-005 Cammann Park Subdivision SHP.doc PAGE 2 CITY OF MERIDIAN PL-ANIQING AND PUBLIC WORKS DEPARTONTS STAFF REPORT PLANNING & PUBLIC WORKS DEPARTMENTS - SITE SPECIFIC CONDITIONS Comply with all applicable conditions of approval for CZC-08-007 (Dr. Lou Burhley Office) and dated March 13, 2008. 2. Complete the Certificate of Owners. 3. If the City Engineer's signature has not been obtained by 07/01/09, the Short Plat approval for this subject project shall expire. 4. The proposed short plat shall be recorded prior to occupancy of the proposed office building located on Lot 2, Block 1. 5. Graphically depict on the face of the plat the required landscape buffers along the north boundary of the proposed subdivision, Cherry Lane and NW 8th Street. 6. Revise or add the following note(s) on the face of the plat prepared by Arrow Land Surveying, Inc., stamped on 06/16/08 by Jeremiah B. Fielding, prior to signature of the short plat by the City Engineer: *.) Add a note addressing the maintenance of the landscape buffers along the north boundary of the site, Cherry Lane, and NW 8th Street. *.) Add a note stating, "The bottom elevation of building footing shall be set a minimum of 12 inches above the highest known normal ground water elevation." 7. The landscape plan, prepared by Harvest Design, P.C., and dated 04/28/08 is approved with the following changes: a. Submit a revised landscape plan depicting the required landscaping for Lot 1, Block 1. The landscaping shall be design per the standards set forth in UDC 1I - 3B. b. Submit a stamped/signed landscape plan approved by the landscape architect for construction. C. Add the quantity and tree class to the plant material legend. d. Include details for fencing on the plan (picture & description). e. Include a calculations table per the short plat checklist on the face of the plan. The landscaping located on Lot 2, Block 1 was approved with CZC-08-007 and has not been reviewed with this short plat submittal. The landscape buffers adjacent to the residential subdivision to the north (Meridian Manor Subdivision No. 1), Cherry Lane, and NW 8th Street are subdivision improvements and shall be installed prior to occupancy. The internal landscaping for the individual lots/buildings and parking areas are not approved with this short plat, they will be reviewed with each individual CZC. SHP-08-005 Cammann Park Subdivision SHP.doc PAGE 3 CITY OF MERIDIAN PLAOING AND PUBLIC WORKS DEPARANTS STAFF REPORT Submit three copies of a revised landscape plan to the Planning Department prior to signature of the short plat by the City Engineer. Said plan shall be consistent with the changes listed above. 8. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (UDC 11 -3B -6-D). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. Staff s failure to cite specific ordinance provisions of the Unified Development Code does not relieve the applicant of responsibility for compliance. GENERAL REQUIREMENTS Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, and road base shall be approved prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. SHP-08-005 Cammann Park Subdivision SHP.doc PAGE 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTONTS STAFF REPORT 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOMMENDATION Staff recommends approval of the short plat for Cammann Park Subdivision (SHP-08-005) with the above stated conditions. On July 1, 2008, the Meridian City Council voted to approve STIP-08-005 with the above stated conditions. Exhibits 1. Submitted Short Plat SHP-08-005 Cammann Park Subdivision SHP.doc PAGE 5 CITY OF MERIDIAN PLAOING AND PUBLIC WORKS DEPARANTS STAFF REPORT Submitted Short Plat 9 6 A 1 1 I I I I I I 1 1 I 1 i t qq ffi 1 gg IY 1 I Exhibit 1 11 Kristy Vigil From: Todd Meyers (todd@morgan-construction.com) Sent: Monday, June 30, 2008 1:52 PM To: Kristy Vigil Cc: 'Scott Hawker' Subject: Cammann Park Subdivsion SHP-08-005 Kristy, I have a couple of comments related to the staff report of the Cammann Park Subdivision; Site Specific Conditions: Page 1 of 1 7. a. Submit a revised landscape plan depicting the required landscaping for Lot 1, Block 1. The landscaping shall be design per the standards set forth in UDC 11-313. o The site development on Lot 1 was built in the mid -1980's, and complied with the City's requirements at the time. No changes are being proposed by the applicant for this Lot. I ask, that this requirement be eliminated. 7. d. Include details for fencing on the plan (pictures & description). o An existing 6ft wooden opaque fence is constructed on the north property line. This fence will be protected during construction and maintained thereafter. 8. Pressurized irrigation. o According to the Nampa Meridian Irrigation District there are no pressurized irrigation systems in the area so we will need to connect to the City system. Thank you for the opportunity to comment on the staff report. It appears that the only issue is 7. A. Todd Meyers, VP of Land Development 5145 S. Heyrend Dr, Idaho Falls, Idaho 83402 (208) 221-7602 (208) 529-3312 7/1-x/2008 July 18, 2008 SH P 08-005 MERIDIAN CITY COUNCIL MEETING July 22, 2008• APPLICANT Todd Meyers ITEM NO. 5-1 REQUEST Findings for Approval — Request for Short Plat approval to create 2 building lots on 1.05 acres in an L -O zone for Cammann Park Subdivision --North East Corner of Northwest 8th Street and Cherry Lane 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 Minutes See attached Findings See attached ACHD Comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meefings shall become property of the City of Meridian. 0 • CITY OF MERIDIAN ( " .. / E 'IDIAN FINDINGS OF FACT, CONCLUSIONS ✓ Y �' E DA H Q OF LAW AND DECISION &ORDER In the Matter of Cammann Park Subdivision Short Plat consisting of 2 Building Lots on 1.05 acres in an L -O zoning district, by Todd Meyers. Case• No(s). SHP-08-005 For the City Council Hearing Date of. July 1, 2008 (Findings on the July 22, 2008 City Council agenda) A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of July 1, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 1, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 1, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 1, 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, Tittle 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Tittle 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 § . I 1-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-08-005 -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 Short Plat and Conditions of Approval all in the attached Staff Report for the hearing date of July 1, 2008 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's Short Plat as evidenced by having submitted the Short Plat dated 06/16/08 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 1, 2008 and the applicant's response letter dated June 30, 2008, incorporated by reference. D. Notice of Applicable Time Limits Notice of 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. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP708-005 -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 may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 1, 2008. G. Attached: Applicants response letter for the hearing date of July 1, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-08-005 -3- By action of the City Council at its regular meeting held on the Z Z day of 2008. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Mayor Attest: - Ai-� di� Jayc-ee-H6nan, City Clerk VOTED VOTED VOTED VOTED VOTED Or v� Weerd BLAL 10 fill Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. B Dated: ity Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-08-005 -4- 0 • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: E: UMAN..!. HEARING DATE: July 1, 2008 11) A H Q TO: Mayor and City Council FROM: Kristy Vigil, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator 208-898-5500 SUBJECT: Cammann Park Subdivision Short Plat Request for Approval of Cammann Park Subdivision Short Plat Consisting of 2 Building Lots on 1.05 Acres in an L -O Zoning District by Todd Meyers (File# SHP-08-005). We have -reviewed this submittal and. offer the following conditions of the applicant. APPLICATION SUMMARY & LOCATION The applicant, Todd Meyers, has applied for short plat approval of 2 office building lots on 1.05 acres in an L -O zoning District for Cammann Park Subdivision. Cammann Park Subdivision is located on the northeast corner of NW 8th Street and Cherry Lane in the SW % of Section 1, T.3N., R.1 W. It appears this property was previously split incorrectly in 1985 (the applicant did not have documentation that a legal split occurred prior to 1984). Therefore, the applicant is submitting a Short Plat application to legally divide the parcel into two lots. The subject property meets all of the applicability requirements as stated in UDC 11 -6B -5A. Staff recommends approval of Cammann Park Subdivision 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 1.1-5B-3, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: June 9, 2008 and June 23, 2008. c. Radius notices mailed to properties within 300 feet on: June 6, 2008. REQUIRED FINDINGS FROM UDC 11-611-6 SI -IP -08-005 Cammann Park Subdivision SHP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 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 future land use of this property as Mixed Use - Regional. The current zoning district of the proposed subdivision is L=O (Limited Office district). Although, the Comprehensive Plan designation is commercial the L -O zone is a commercial zoning district. Therefore, the proposed subdivision 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 proposed development. Water and sewer services are proposed to be extended into each lot from adjacent streets. 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 subdivision 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 put in as a requirement of the developer and any easements shall be granted. 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 lot owners will finance the extension of sewer, water, utilities and pressurized irrigation to serve all lots is this project.. E. The development will not be detrimental to the public health, safety or general welfare; and Council recognizes the fact that traffic and noise may increase with the approval of this subdivision; however, staff does not believe that any additional amount generated will be detrimental to the general welfare of the public in the surrounding area. Staff finds that the development of this site 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. SHP-08-005 Cammann Park Subdivision SHP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMRTS STAFF REPORT PLANNING & PUBLIC WORKS DEPARTMENTS - SITE SPECIFIC CONDITIONS L Comply with all applicable conditions of approval for CZC-08-007 (Dr. Lou Burhley Office) and dated March 13, 2008. 2. Complete the Certificate of Owners. 3. If the City Engineer's signature has not been obtained by 07/01/09, the Short Plat approval for this subject project shall expire. 4. The proposed short plat shall be recorded prior to occupancy of the proposed office . building located on Lot 2, Block 1. 5. Graphically depict on the face of the plat the required landscape buffers along the north boundary of the proposed subdivision, Cherry Lane and NW 8th Street. 6. Revise or add the following note(s) on the face of the plat prepared by Arrow Land Surveying, Inc., stamped on 06/16/08 by Jeremiah B. Fielding, prior to signature of the short plat by the City Engineer: *.) Add a note addressing the maintenance of the landscape buffers along the north boundary of the site, Cheng Lane, and NW 8th Street. *.) 'Add a note stating, "The bottom elevation of building footing shall be set a minimum of 12 inches above the highest known normal ground water elevation." 7. The landscape plan, prepared by Harvest Design, P.C., and dated 04/28/08 is approved with the following changes: a. Submit a revised landscape plan depicting the required landscaping for Lot 1, Block 1. The landscaping shall be design per the standards set forth in UDC I I - 3B. b. Submit a stamped/signed landscape plan approved by the landscape architect for construction. C. Add the quantity and tree class to the plant material legend. d. Include details for fencing on the plan (picture & description). e. Include a calculations table per the short plat checklist on the face of the plan. The landscaping located on Lot 2, Block 1 was approved with CZC-08-007 and has not been reviewed with this short plat submittal. The landscape buffers adjacent to the residential subdivision to the north (Meridian Manor Subdivision No. 1), Cherry Lane, and NW 8th Street are subdivision improvements and shall be installed prior to occupancy. The internal landscaping for the individual lots/buildings and parking areas are not approved with this short plat, they will be reviewed with each individual CZC. SH -P-08-005 Cammann Park Subdivision SHP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Submit three copies of a revised landscape plan to the Planning Department prior to signature of the short plat by the City Engineer. Said plan shall be consistent with the changes listed above. 8. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (UDC 11 -3B -6-D). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. Staff's failure to cite specific ordinance provisions of the Unified Development Code does not relieve the applicant of responsibility for compliance. GENERAL REQUIREMENTS Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, and road base shall be approved prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. SHP-08-005 Cammann Park Subdivision SHP.doc PAGE 4 • • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOMMENDATION Staff recommends approval of the short plat for Cammann Park Subdivision (SHP-08-005) with the above stated conditions. On July 1, 2008, the Meridian City Council voted to approve SHP-08-005 with the above stated conditions. Exhibits 1. Submitted Short Plat SHP-08-005 Cammann Park Subdivision SHP.doc PAGE 5 CITY OF MERIDIAN PLAN•G AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Submitted Short Plat r, S 6p NO PV I's Exhibit 1 I` e d 1 I 1 1 I 1 1 I 1 1 I 1 1 1 1 it I o' 18 I 1 . 1 l I 1 I I 1 t � ♦ S 8 "" e m .7_9VY7_C Y70 1Q4Y•u o !1I W�1•�� l ' fit ii �C�San fitpill o 0 Kristy Vigil From: Todd Meyers (todd@morgan-construction.com) Sent: Monday, June 30, 2008 1:52 PM To: Kristy Vigil Cc: 'Scott Hawker' Subject: Camrnann Park Subdivsion SHP-08-005 Kristy, 9 Page 1 of 1 I have a couple of comments related to the staff report of the Cammann Park Subdivision; Site Specific Conditions: 7. a- Submit a revised landscape plan depicting the required landscaping for Lot 1, Block 1. The landscaping shall be design per the standards set forth in UDC 11-3B. o The site development on Lot 1 was built in the mid -1980's, and complied with the City's requirements at the time. No changes are being proposed by the applicant for this Lot. I ask, that this requirement be eliminated. 7. d. Include details for fencing on the plan (pictures & description). o An existing 6ft wooden opaque fence is constructed on the north property line. This fence will be protected during construction and maintained thereafter. 8. Pressurized irrigation.. o According to the Nampa Meridian Irrigation District there are no pressurized irrigation systems in the area so we will need to connect to the City system. Thank you for the opportunity to comment on the staff report. It appears that the only issue is 7. A. Todd Meyers, VP of Land Development 5145 S. Heyrend Dr, Idaho Falls, Idaho 83402 (.208) 221-7602 (208) 529-3312 7/14/2008 July 18, 2008 PP 08-004 MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT Cottage Investors, LLC ITEM NO. 5-1 REQUEST Findings for Approval -- Request for Preliminary Plat approval with 6 residential building lots and 1 common lot in an R-8 zone on approximately 4.7 acres for Maxfield Subdivision -- 3295 East Falcon Drive 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 Minutes See attached Findings (lq_-vrU\x- Contacted: Vw Fag Date: - I Phone: 92c,- 441 Emailed: 0/ Staff Initials J Materials presentedit public meetings shall become property of the City of Meridian. • 0 CITY OF MERIDIAN E MIAFINDINGS OF FACT, CONCLUSIONS 1 OF LAW AND I D A H O DECISION & ORDER In the Matter of Preliminary Plat approval of 6 residential lots and 1 common lot in an R-8 zone on approximately 4.7 acres; Conditional Use Permit approval consisting of 5 Assisted Living Buildings with 15 beds in an R-8 zone and Private street approval within the proposed Maxfield Subdivision, by Cottage Investors, LLC. Case No(s). PP -08-004, CUP -08-008 and PS -08-003 For the City Council Hearing Date of: July 8, 2008 (Findings on the July 22, 2008 City Council agenda) A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of July 8, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 8, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 8, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 8, 2008 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning reaps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -08-004, CUP -08-008 and PS -08-003 -1- 0 0 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 Site Plan, Landscape Plan, Building Elevations and the Conditions of Approval all in the attached Staff Report for the hearing date of July 8, 2008, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated March 27, 2008 is hereby conditionally approved; and, 2. The Applicant's Conditional Use Permit request as evidenced by having submitted the Site Plan (dated 3/27/08),. Landscape Plan (dated 3/27/08), and Building Elevations included in the attached Staff Report for the hearing date of July 8, 2008, is hereby conditionally approved. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 8, 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. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -08-004, CUP -08-008 and PS -08-003 -2- • extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. 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 -5B -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 may be 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 may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 8, 2008 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -08-004, CUP -08-008 and PS -08-003 -3- 9 By =theCity Council at its regular meeting held on the o�a day of , 2008. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: Jaycee HoliVan, City Clerk Copy served upon Applicant, Attorney. VOTED VOTED VOTEDi :., i VOTED�G� VOTED Mayor T ,& Weerd ,. BEAL A4. The Planninge�,�gti�blic Works Department and City (fit1114 B6y-_l MAI Dated: City Cler 's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -08-004, CUP -08-008 and PS -08-003 -4- 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 STAFF REPORT Hearing Date: July 8, 2008 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: Maxfield • PP -08-004 E WIAN? ID Preliminary Plat approval of 6 residential lots and 1 common lot in an R-8 zone on approximately 4.7 acres, by Cottage Investors, LLC. • CUP -08-008 Conditional Use Permit approval consisting of 5 Assisted Living Buildings with 15 beds in an R-8 zone for the proposed Maxfield Subdivision, by Cottage Investors, LLC. • PS -08-003 Private street approval within the proposed Maxfield Development. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant requested continuation of this proiect to the June S. 2008 hearing The applicant requested the continuance to meet with staff to work out some issues detailed in the staff report Staff met with the applicant on May 16, 2008 and as a result of that meeting. Staff has updated the staff report to reflect the changes discussed and agreed upon at that meeting The updated changes are in bold, strike out and underlined format throughout the staff report The Applicant, Cottage Investors, LLC, is requesting preliminary plat (PP) approval of 6 residential lots and 1 common lot on approximately 4.7 acres in an existing R-8 zone. Concurrently, the applicant is requesting Conditional Use Permit (CUP) approval to construct and operate an assisted living development comprised of 5 individual facilities, each with the potential to house up to 45 16 patients. In addition, the applicant is also requesting approval to construct a private street loop to provide access and circulation throughout the proposed development. In 2005, the City Council approved the annexation, a preliminary plat and a conditional use permit for the same use at the subject site; however the applicant failed to submit a time extension application or record the plat and establish the use on the site within the time limits of the UDC. The subject development agreement associated with the annexation of the site requires CUP approval prior to future development in the R-8 zone. Furthermore, UDC 11-2A-2 also requires CUP approval to operate a nursing or residential care facility within an R-8 zone, respectively. At this time, the applicant is now proposing the same project which will include the 1,850 square foot single family home to remain on a separate lot and the construction of five 8,525 square -foot assisted living buildings to develop in two phases. Amenities for the site include 2 gazebos, a walking path and approximately 18 percent usable open space. Note: the difference between this submittal and the previous submittal is the applicant was proposing a two lot preliminary plat and is now proposing each building be on its own separate lot. The subject property is located on the east side of Eagle Road and on the south side of Falcon Drive, approximately 675 feet south of Victory Road, within Section 28, Township 3 North, Range 1 East. Maxfield PP -08-004, CUP -08-008 and PS -08-003 Page 1 ! 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 2. SUMMARY RECOMMENDATION The subject applications (PP, CUP, & PS) were submitted to the Planning Department for concurrent review. By City Ordinance, the Planning & Zoning Commission makes a recommendation to the City Council on the PP and CUP applications and the PS application is reviewed at the Staff level. Below, Staff has provided a detailed analysis and recommended conditions of approval for the requested Preliminary Plat, Conditional Use Permit and Private Street applications. Staff recommends approval of PP -08-004, CUP -08-008, and PS -08-003 for Maxfield Subdivision, as presented in the Staff Report for the hearing date of June 5, 2008, based on the Findings of Fact as listed in Exhibit C and subject to the conditions listed in Exhibit B. The Meridian Planning & Zoning Commission heard these items on June 5, 2008. At the public hearing the Commission moved to recommend approval of the subject PP and CUP request. a. Summary of Commission Public Hearing: i. In favor: Garold Maxfield, Van Elg ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Caleb Hood b. Key Issue(s) of Discussion by Commission: i. None c. Key Commission Change(s) to Staff Recommendation: i. Condition 1.3.3 was modified to read all future buildings on the site shall be constructed of stucco with stone accents. d. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on July 8- 2008. At the public hearing the Connc_i_ approved the subject PP and CUP request a. i< In favor: Van Elg (Applicant's Repr sentativel ii. In opposition: None iii. Commenting: None iy. Written testimony: None & Staff presenting application: Anna Canning yL Other staff commenting on application: None L Key Issues of Discussion by Counc'l: L None s, Key Council Changes to Staff/Commission Recommendation mw 3. �- 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Numbers PP -08- 004 and CUP -08-008 (PS optional), as presented in the staff report for the hearing date of July 8, 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 PP -08-004 and CUP -08-008 (PS optional), as presented during the hearing on July 8, 2008, for the following Maxfield PP -08-004, CUP -08-008 and PS -08-003 Page 2 • 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 reasons: (you must 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 PP -08- 004 and CUP -08-008 (PS optional) 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: 3295 E. Falcon Drive Section 28, Township 3 North, Range 1 East. b. Owner: Cottage Investors, LLC and Garold Maxfield & David & Natalie Gray 1920 Mayflower Way & 3295 E. Falcon Drive Boise, ID 83709 & Meridian, ID 83642 c. Representative: Van Elg, The Land Group, Inc. 462 E. Shore Drive Eagle, ID 83616 d. Present Zoning District: R-8 (Medium Density Residential) e. Present Comprehensive Plan Designation: Low Density Residential f. Description of Applicant's Request: The applicant is requesting preliminary plat approval of 6 residential lots and 1 common lot on 4.7 acres of land, zoned R-8 and concurrently requesting Conditional Use Permit (CUP) approval to construct and operate an assisted living development with five individual facilities. In addition, the applicant is requesting approval of a private street loop for the Maxfield development. g. Description of Applicant's Justification for PP, CUP and PS Approval: "The applications before represent an improved design of a previously approved plan for the subject site. To further clarify,,the subject site was previously approved for a two lot preliminary plat and conditional use permit for an assisted living development in 2005. Since that time the PP and CUP have lapsed and expired. Determined to see the project through, the developer began the process of preparing for another submittal. The proposed development includes the existing single family home and five assisted living facilities on individual lots. Each unit has 15 beds, oversized kitchen and laundry facilities. Nursing Care is not provided. This is a non -convalescent facility with residents capable of varying degrees of self care." See the applicant's narrative submitted with the PP, CUP and PS application and Section 10, Analysis, below for more information. 5. PROCESS FACTS a. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of UDC 11 -5A -2D, a public hearing is required before the Commission and the City Council on this matter. b. The subject application will, in fact, constitute a conditional use as determined by City Ordinance. Maxfield PP -08-004, CUP -08-008 and PS -08-003 Page 3 0 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11 -5A -2D, a public hearing is required before the Commission and City Council on this matter. c.' The subject application will in fact constitute a private street as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is not required on this matter. d. Newspaper notifications published on: April 28, 2008 and May 12, 2008 (Planning and Zoning Commission); June 16 and June 30, 2008 (City Council) e. Radius notices mailed to properties within 300 feet on April 18, 2008 (Planning and Zoning Commission); June 30, 2008 (City Council) f. Applicant posted notice on site by: May 5, 2008 (Planning and Zoning Commission); June 28, 2008 (City Council) 6. LAND USE a. Existing Land Use(s): A single-family residence is currently on the site and will remain as part of the proposed development on a separate lot. The remainder of the land is currently vacant developable land. b. Description of Character of Surrounding Area: This area is primarily single family homes and maintains a residential character. c. Adjacent Land Use and Zoning 1. North: Golden Eagle Estates; zoned RUT 2. East: Golden Eagle Estates; zoned R-4 3. South: Dartmoor Subdivision; zoned RUT 4. West: Medford Place Subdivision; zoned R-8 d. History of Previous Actions: In 2005, City Council approved the annexation, preliminary plat and conditional use permit for the subject site (AZ -05-027, PP -05-027 and CUP -05-034). As part of annexation, the Developer and the City entered into a development agreement recorded under instrument # 105152708. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: S Eagle Road. Location of water: S Eagle Road. Issues or concerns: Two water connections will need to be established. 2. Vegetation: There are some existing trees on the subject properties that should either be preserved or mitigated for in accordance with UDC 11-3B-1 005. See Analysis, Section 10 for more information. 3. Floodplain: NA 4. Canals/Ditches Irrigation: NA 5. Hazards: No hazards are known to exist on the site 6. Existing Zoning: R-8 (Medium Density Residential) 7. Lot Size: 4.7 acres f Conditional Use Information: Maxfield PP -08-004, CUP -08-008 and PS -08-003 Page 4 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 1. Non-residential square footage: 42,625 square feet (8,525 per building) 2. Hours of Operation: At this time, the future patrons of the assisted living facilities will not be under nursing care; however if in the future skilled nursing care is desired on site, the facilities may operate as 24 hour care facilities. This will discussed in further in Section 10 below. g. Off -Street Parking: 0.5 per dwelling unit. 1. Parking spaces required: 38 2. Parking spaces provided: 49 h. Landscaping 1. Width of street buffer(s): A minimum 25 -foot wide buffer is required to be constructed along S. Eagle Road and a 10 -foot buffer along E. Falcon Drive; landscaping within the buffers shall comply with the current street buffer landscaping standards listed in UDC 11-3B-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 11-313-8, Parking Lot Landscaping, for internal parking lot landscaping requirements. i. Required dimensional standards for the R-8 zone, per UDC 11-2A-6: ➢ Maximum building height: 35' ➢ Minimum Lot Size: 5,000 square feet ➢ Setbacks: Front: 15 feet Side: 5 feet Rear: 12 feet j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this site is proposed from E. Falcon Drive. No direct lot access to Eagle Road is proposed or approved with this application. 7. COMMENTS MEETING On April 24, 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, Meridian Public Works Department, and the Sanitary Services Company. Staff has included comments, conditions, and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS s ' ' This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain three dwelling units or less per acre (see Page 99 of the Comprehensive Plan). As mentioned earlier, the subiect site was annexed and zoned' R-8 in 2005. The UDC requires CUP approval for assisted living facilities in the R-8 district to ensure compatibility with the surrounding residential Maxfield PP -08-004, CUP -08-008 and PS -08-003 Page 5 0 S CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 development. Furthermore, the comprehensive plan encourages high quality medical services to meet the health care needs of the citizens of Meridian. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • 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 (ACRD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change. • The subject lands currently lie within the City's urban service planning area and is serviced by Meridian City Fire Department. This service will not change. • The subject land is currently within the jurisdiction the Meridian Police Department (MPD). This service will not change. • 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 IV, Objective C, Action 1: Protect existing residential properties from incompatible land use development on adjacent parcels. Both the Comprehensive Plan and the Zoning Map envision the adjacent properties in this area of Meridian to develop with residential land uses. Staff believes the proposed development to be harmonious with the existing and future residential developments in the area. Chapter VII, Goal IV, 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 25 foot landscape buffer adjacent to S. Eagle Road and 10 foot landscape buffer adjacent to E. Falcon Drive. • 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 11-3B-8. • Chapter VII, Goal IV, Objective D, Action 2 (page 114) — Restrict curb cuts and access points on collectors and arterial streets. This site is not proposing access to an arterial. Access to the site is proposed from E. Falcon Drive, a local road. Maxfield PP -08-004, CUP -08-008 and PS -08-003 Page 6 r i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 • 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. • Encourage compatible uses to minimize conflicts and maximize use of land. (Chapter VII, Goal IV) 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 combination of split rail and 6 -foot vinyl fencing along the perimeter of the site. Prior to any building permits the proposed fencing and temporaryfencing will need to be installed to contain debris. • Chapter VI Goal V, Objective A, Action 2: Develop provisions for medical services in the Zoning and Development Ordinance. The UDC allows Assisted Living Facilities in an R-8 zone with conditional use approval. Staff believes that the proposed use is consistent with the Comprehensive Plan and is 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. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists nursing or residential care 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. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the PP, CUP and PS request as proposed, with the following comments: PP Application: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Code, Staff believes that this is a good location for the proposed development. Please see below and Exhibit C for detailed analysis and facts and findings for a preliminary plat. Dimensional Requirements of the R-8 zone per UDC Table 11-2A-6: The applicant is proposing six residential lots and one common lot within an R-8 zoning district. The UDC Maxfield PP -08-004, CUP -08-008 and PS -08-003 Page 7 0 .s CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 requires a minimum lot size of 5,000 square feet in the R-8 district. The proposed plat consisting of 6 buildable lots complies with the R-8 zoning district dimensional standards. Furthermore the subject buildings are subject to the R-8 districts setbacks. On the submitted site plan the proposed buildings comply with the required setbacks. Landscaping: South Eagle Road is designated as an arterial roadway. The UDC requires a 25 - foot wide landscape street buffer along S. Eagle Road, an arterial roadway and a 10 -foot landscape buffer adjacent to E. Falcon Drive, a local street. On the submitted landscape plan the applicant has complied with the UDC. Said buffers shall be planted and maintained in accordance with UDC 11-3B-7. The submitted landscaping plan does show existing trees on the site. However, they are not referenced to be protected and incorporated into the design of the project or being identified as being removed and mitigated for. Any existing on-site tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The Applicant should coordinate a mitigation and protection plan with Elroy Huff 888-3579 at the Meridian Parks Department. This should be included on the updated landscape plan submitted with the final plat application. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B-14. Common Areas/Open Space: UDC 11-3G-1 requires the applicant to provide 10 percent common open space and site amenities in residential districts for properties 5 acres or larger in area. The subject property is approximately 4.7 acres; therefore the 10 percent common open space is not required. However, the applicant is proposing 18 percent useable open space within the development and exceeds the amount required by the UDC. Proposed Streets and/or Access: The applicant is proposing to take access to/from E. Falcon Drive via a private street that will provide access and circulation with the proposed development. In addition, the existing home on the site has two existing approaches onto E. Falcon Drive. Staff believes that only one driveway stub from the existing home site should be allowed. Therefore, the driveway approach adjacent to the eastern boundary of Lot 3 should be vacated. If the applicant vacates said drive stub, staff is supportive of the access proposed for the development. The private street requirements will be further explained in the Private Street section below. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single - point connection to the culinary water system shall be required. If a single -point connection is use, 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, 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. The applicant has stated in the narrative that there are insufficient surface water rights to justify the construction of a pressurized irrigation system. As previously approved, the applicant is requesting the use of City water to irrigate the landscaping for the development. The applicant should coordinate with Public Works regarding using city water for irrigation purposes. With final plat submittal the applicant Maxfield PP -08-004, CUP -08-008 and PS -08-003 Page 8 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 should provide proof that the property does not have sufficient surface water rights from the appropriate irrigation district. Existing Structures: The site currently contains an existing single family home with an associated outbuilding. As mentioned earlier, the existing 1,850 square foot home is to remain on one of the proposed lots; however the existing outbuilding is slated for demolition to make way for the proposed assisted living facilities. Prior to the City Engineer's signature of the final plat, the existing outbuilding on this site shall be removed. Fencing: On the submitted landscape plan, perimeter fencing is being proposed for the site. Along the northern and western boundaries, the applicant is proposing a split rail fence and along the southern and eastern boundaries a 6 -foot solid vinyl fence is proposed. 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 11-3A-7. Phasing Plan: At this time the applicant is proposing to complete the project in two phases. Phase 1 is proposed to include the construction of two of the five proposed assisted living facilities. Phase 2 includes the development of the southern portion of the development and includes the remaining three buildings. Staff is supportive of the phasing plan; however all landscaping, fencing, parking lot improvements and amenities should be completed prior to occupancy of the first building. CUP Application: The applicant is requesting CUP approval to construct and operate 5 assisted living facilities on 4.7 acres of land zoned R-8. As part of annexation into the city, the applicant was required to enter into a development agreement which requires a CUP for any future development on the site. Furthermore, UDC 11-2A-2 also requires CUP approval to operate a nursing or residential care facility within an R-8 zone, respectively. 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 15 patients per building on- site which will require 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: Not applicable. 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. Maxfield PP -08-004, CUP -08-008 and PS -08-003 Page 9 0 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 2. Outdoor play equipment over six feet (6) high shall not be located in a front yard or within any required yard. Not applicable: 3. Outdoor play areas in residential districts or uses adjacent to an existing residence shall not be used after dusk. Not applicable. C. Additional standards for uses providing care to patients who suffer from Alzheimer's disease, dementia or other similar disability that may cause disorientation: A barrier with a minimum height of six feet (6'), along the perimeter of any portion of the site that is accessible to these patients shall 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. 05-1170, 8-30-2005, eff. 9-15-2005) At this time, the applicant is proposing self- sufficient facilities and does not anticipate ambulatory patients or dementia patients to be located at the proposed facilities. If applicable, strict adherence to this requirement is required at CZC submittal for the proposed building. Building Elevations: Elevations for the proposed buildings were submitted with this application, prepared by Medical Design Group, labeled as Sheets 4.00 and 4.10, and are included in Exhibit A. However, the siding and roofing materials are not called out on the submitted elevations. The applicant is proposing masonry veneer along the front facade. The masonry veneer is carried to side elevations as well; with one side having full treatment and the opposite side having partial treatment. 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. Furthermore, the applicant should testify at the public hearing what construction materials are proposed for the assisted living buildings. Staff is also recommending all public street side elevations have the same masonry veneer along the entire fagade of the building. Parking: UDC 11-3C-6 requires 0.5 spaces per dwelling unit for nursing or residential care facilities. Each of the proposed buildings (5 "total) is expected to house 15 patrons. Based on the parking requirements of the UDC (15 X 5 X 0.5) the minimum parking for the site is 38 and 49 stalls are proposed. 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 -5C. If the above changed is made, staff is supportive of the parking for the site. Site Plan: Staff has reviewed the site plan (prepared by The Land Group, dated 03/27/2008, 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 -6G, provide a minimum of 2 bicycle parking space on the site in compliance with the standards listed in UDC 11 -3C -5C. • Per UDC 11 -3C -5B3, 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 may be widened to 7 feet to allow for overhang in this area. Landscaping: Staff has reviewed the landscape plan (prepared by The Land Group, dated 03/27/2008, labeled as L1.0, 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: Maxfield PP -08-004, CUP -08-008 and PS -08-003 Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 Per UDC 11-3B-8C2b, no linear grouping of parking stalls shall exceed 12 in a row without an internal planter island. On the submitted landscape plan, there are 14 stalls in a row adjacent to building A, Lot 1; provide an additional internal planter island to comply with this requirement. Said planter island shall contain a minimum of 50 square feet and shall not be less than 5 feet in any dimension, measure inside curbs and shall be planted with a minimum of 1 tree and low shrubs, lawn, or other vegetative groundcover. Amenities: As mentioned earlier, the applicant is providing amenities on the site for future patrons to use. The amenities include areas for flower beds, a convenient and large common area, two covered patio/gazebos sitting areas, and a pathway system. Staff believes the applicant has done a good job providing amenities on the site. However, Staff recommends that the Commission determine if the proposed amenities are appropriate for a development of this size. Hours of Operation: At this time, the future patrons of the assisted living facilities will not be under nursing care. The applicant states, the facilities are non -convalescent with residents capable of varying degrees of self care." Although the applicant is not proposing skilled nursing care on- site, staff is recommending provisions be in place to allow for 24 hour care on the property. Staff is proposing to limit the future nursing care facilities to Building D and E C and D on Lots 6 and 7 5 and of the project. Furthermore, staff recommends the shift changes for the nursing staff not occur between the hours of 11 pm and 7 am to not disturb the residents of the surrounding neighborhoods. If the applicant complies with these recommendations, staff is supportive of skilled nursing care on the site. 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. PS (Private Street) Application: The applicant is proposing to construct a private street loop to provide access and circulation throughout the proposed development. The UDC requires private streets to be constructed within an easement and have a travel lane width of 24' or 26' with no allowed parking as determined by the Fire Marshal. The proposed private street loop is internal to the development and is to be constructed as a private drive and include a 5 -foot sidewalk (pathway) on one side. However a portion of drive aisle (west side radius) narrows to 20 feet but maintains the Fire Departments and Sanitary Services turning radius requirement. The applicant has submitted a Private Street application as required by UDC 11-3F-3. Staff is supportive of the applicants request and has conditioned as such in Exhibit B. b. Staff Recommendation: Staff recommends approval of PP -08-004, CUP -08-008 and PS -08-003 for Maxfield Subdivision, as presented in the Staff Report for the hearing date of June 5, 2008, based on the Findings of Fact as listed in Exhibit C and subject to the conditions listed in Exhibit B. The Meridian Planning & Zoning_Commission heard these items on June 5. 2008. At the public hearinn the Commission moved to recommend approval of the subiect PP and CUP request. The Meridian Maxfield PP -08-004, CUP -08-008 and PS -08-003 Page 11 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 11. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Preliminary Plat (prepared by The Land Group, dated 03/27/2008, labeled PP -1.0) 3. Landscape Plan (prepared by The Land Group, dated 03/27/2008, labeled L1.0) 4. CUP Site Plan (prepared by The Land Group, dated 03/27/2008, labeled CUP -1) 5. Building Elevations (prepared by Medical Design Group, labeled Sheet 4.00 & 4.10) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health C. Required Findings from the Unified Development Code Maxfield PP -08-004, CUP -08-008 and PS -08-003 Page 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 A. Drawings 1. Vicinity Map E E C m� i R1 E RUT T Il 0 t� R-4 i CIORl JT R ALCON DR R ST W k { F I RUT 4 bAfM lye r 0 m Y RUT Exhibit A 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 2. Preliminary Plat 10—"If °ug— ottpuaw AtT a v inako i ams aoTSTAtp4nS plaUxuW Ivicl Exhibit A -2- a vIIa399 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 3. Landscape Plan a4BPI °UeIP2ie4'0 11 o Exhibit A -3— it 1 N1d'd 3,dWOSONVI 1H -Id AWNIWIl38di NOISIAmens 0�1313im 1;11 1111 F Exhibit A -3— CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 4. CUP Site Plan 014uPI uu!P!aaw uuw :n!s uOIST^TPgnS PIa!PMNt 7iwJa,3 aen Tuu*0TPu03 I i 222 --- I t�-----.rev-- a Exhibit A -4- y ' � � — — .w. � ,,✓� � 1 AGSM_ A43 I - . t cj.61 . S S l:.t F��--� i --• i 0 Exhibit A -4- 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 5. Elevations Raa01 RIOaoO - t1^x,WL, �t _——_—._—__--------_.__'---------------------------- -- . C 1DEAR fELATION �3 i6 m 1 — i0 haft'-ske: 3/32' V— 07 d I i MMNsum :I �It .rte mma Al F ,, T E��VATION,, a 0 C) 0 l amen r WAIN IJ_ _____ --------------- � aea:IdR R19�11d: Mm.lmla9',nwn>rmur eau eai ® v\ L — —_ ___ --.- N-- �.®.� YWOtl 1RED1 1I Cl SIDE ELEVATION 3, e- m"r►nfra119r V r- 0+) RON3 wa Tm Al SIDE ELEVATION,, 0" (Mif efzm 9194° " V— W) -uu,�,nm �tua,naw mr w®:wrRe;Rwuolaa Exhibit A -5- 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 PRELIMINARY PLAT 1.1 Site Specific Conditions 1.1.1 All comments and conditions of the accompanying Conditional Use Permit (CUP -08-008) applications shall also be considered conditions of the Preliminary Plat (PP-08-004).The 7 -lot preliminary plat prepared by The Land Group, dated March 27, 2008 (attached in Exhibit A), is approved. 1.1.2 Access to this site shall be provided from E. Falcon Drive via a private drive. Direct lot access to S. Eagle Road is prohibited. 1.1.3 Prior to the City Engineer's signature on the final plat, all existing structures on this site shall be removed. Prior to the issuance of any building permit for a new dwelling unit, the final plat shall be recorded. 1.1.4 The landscape plan prepared by The Land Group, dated March 27, 2008, labeled L1.0 (attached in Exhibit A), is approved with the following notes/changes: • Provide a minimum 25 -foot wide bermed landscape buffer along S. Eagle Road with a 5 - foot detached sidewalk and provide a 10 -foot landscape street buffer adjacent to lot 1 with either an attached or detached 5 -foot sidewalk. All landscape materials shall be installed in accordance with UDC 11-3B-9, Landscape Street Buffers. • 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 final plat submittal. • Construct a 6 -foot tall vinyl fence along the south and east boundary and construct a split rail fence along the west and north boundary, as proposed. - • 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. Submit revised landscape plans to the Planning Department with the submittal of the final plat application. 1.1.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the .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. The applicant shall coordinate with Public Works regarding using city water for irrigation purposes. With final plat submittal the applicant shall provide proof that the property does not have sufficient surface water rights from the appropriate irrigation district. 1.1.6 All development improvements including water, sewer, fencing, landscaping, amenities and pressurized irrigation shall be installed and approved prior to City's Engineers signature on the final plat. Exhibit B • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 1.1.7 A letter of credit or cash surety in the amount of 110% will be required for all required fencing, pressurized irrigation, landscaping, sanitary sewer, water, etc., prior to signature of the final plat. 1.1.8 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, private streets, and other development features. 1.1.9 Sidewalks/walkways shall be installed within the subdivision and along the adjacent streets pursuant to UDC 11-3A-17. Coordinate with ACRD the extension of the sidewalk on S. Eagle Road and E. Falcon Drive. 1.1.10 Provide .a private drive within the development as approved with PS -08-003. Said private drive shall comply with the private street requirements in accordance with UDC 11-3F. 1.1.11 The driveway approach adjacent to the eastern boundary of Lot 3 (on the existing home site) shall be vacated. 1.2 GENERAL CONDITIONS 1.2.1 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.2.2 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. Where the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. 1.2.3 The Applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided at the time of building permit submittal, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of- way. All fencing should be installed in accordance with UDC 11-3A-7. 1.2.4 Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve the Applicant of responsibility for compliance. 1.2.5 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.2.6 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.2.7 The applicant shall comply with the dimensional standards of the R-8 zoning district. 1.3 CONDITIONAL USE PERMIT 1.3.1 The site plan, prepared by The Land Group, dated March 27, 2008, is approved with the following modifications: • Per UDC 11 -3C -6G, provide a minimum of 2 bicycle parking space on the_ site in compliance with the standards listed in UDC 11 -3C -5C. • Per UDC 11-3C-5133, 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 may be widened to 7 feet to allow for overhang in this area. • Provide 49 parking stalls on the site as proposed. Exhibit B - 2 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 1.3.2 The landscape plan, prepared by The Land Group, dated March 27, 2008, is approved with the following modifications: Per UDC 11-3B-8C2b, no linear grouping of parking stalls shall exceed 12 in a row without an internal planter island. On the submitted landscape plan, there are 14 stalls in a row adjacent to building A, Lot 1; provide an additional internal planter island to comply with this requirement. Said planter island shall contain a minimum of 50 square feet and shall not be less than 5 feet in any dimension, measure inside curbs and shall be planted with a minimum of 1 tree and low shrubs, lawn, or other vegetative groundcover. Provide amenities on the site to include areas for flower beds, a convenient and large common area, two covered patio/gazebos sitting areas, and a pathway system, as proposed. 1.3.3 The building elevations, prepared by Medical Design Group, labeled Sheet 4.00 and 4.10, are approved with the following modifications: In no case shall the buildings use vinyl siding as the primary siding material. All future buildings on the site shall be constructed of stucco with stone accents All public street side elevations shall have the same masonry veneer along the entire fagade of the building. 1.3.4 The applicant shall 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. 1.3.5 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 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.3.6 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). 1.3.7 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 18 months of approval, a new conditional use permit must be obtained prior to operation. 1.3.8 If 24 hour nursing care facilities are proposed in the future; it shall commence within Buildings P ander C and D on Lots 6 -and 7 5 and 6 of the project. The nursing staff shift change shall not occur between the hours of 11 pm and 7 am as to not disturb the residents of the surrounding neighborhoods. 1.3.9 The site shall comply with all of specific use standards in accordance with UDC 11-4-3-29, as applicable. 1.3.10 . 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. 1.3.11 The applicant shall submit an approved site plan from Sanitary Services Company (SSC) with the Certificate of Zoning Compliance application. Exhibit B -3- • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in S Eagle Road. The applicant shall install mains to and through this subdivision including the extension of the 8 inch sewer main from a existing manhole located near E Shaver St and S Eagle Road to the applicants furthest northern property line near E Falcon Drive; 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 S Eagle Road. The applicant shall be responsible to install two water connections one from S Eagle Road and another from the intersection of E Falcon Drive and S Eagle Road due to fire flow requirements. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. Exhibit B -4- • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 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 2.19 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the proj ect. 2.20 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 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. Exhibit B -5- 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 3.3 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. 3.4 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 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). 3.6 The buildings on the site shall require a NFPA 13R or 13D sprinkler system and fire alarm system per NFPA 72. 3.7 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 ''/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.8 For all Fire Lanes provide signage "No Parking Fire Lane". 3.9 The private roadway and grass pave shall be able to accommodate an imposed load of 75,000 GVW. 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). 4. POLICE DEPARTMENT 4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed two feet in height. Trees shall have a canopy of no less than six feet. Exhibit B -6- • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 5. PARKS DEPARTMENT 5.1 ' No comments received from the Parks Department. 6. SANITARY SERVICES COMPANY 6.1 Please contact Doug Mason at SSC (888-3999) for detailed review of your proposal prior to the public hearing. There is a concern that the required modifications may significantly impact your site design and may require a revised site plan. If the site plan is revised, contact the planner assigned to the project immediately to discuss the changes and how to proceed with the revised site plan.. 6.2 Please contact Doug Mason at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Dedicate 48 -feet of right-of-way from the centerline of Eagle 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. 7.2 Construct a 5 -foot concrete sidewalk on Eagle Road abutting the site. The sidewalk should be constructed a minimum of 41 feet from the centerline of Eagle Road. 7.3 Construct Falcon Drive as one half of a 36 -foot street section with vertical curb, gutter and a 5 - foot detached concrete sidewalk within the existing right-of-way. 7.4 Construct three driveway accesses to intersect Falcon Drive: • Construct the first driveway access 10 feet wide to intersect Falcon Drive at the easternmost property line. 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. • Construct the second driveway access 14 feet wide to intersect Falcon Drive approximately 102 feet from the easternmost property line(measured property line to near edge). 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. • Construct the third driveway access a maximum of 20 feet in width to intersect Falcon Drive from the easternmost property line(measured property line to near edge). 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 Direct lot access to Eagle Road is prohibited and shall be noted on the final plat. 7.6 Comply with all Standard Conditions of Approval. Exhibit B -7- 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 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 ACHD 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 ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 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 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 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 to create a mosquito breeding problem. Exhibit B - 8 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 C. Require Findings in Accordance with the UDC 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. The Council supports the proposed density and proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council 'finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission recommends the Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. 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. ACHD considers road safety issues in their analysis. The Commission recommends that the 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 the Commission is unaware. 6. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic, or historic features on this site. Therefore, 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. The Commission recommends that the 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 the Commission is unaware. Exhibit C l� J • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 2. CUP Findings: The Commission and Council 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 existing site is large enough to accommodate the proposed use. However, the R-8 zoning district requires CUP approval for Nursing 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. Off-street parking is required at the ratio of 0.5 per dwelling unit. Thirty eight off-street parking stalls are required for this site based on the number of beds (75) provided for the residents of the. facility; 49 are provided. The applicant complies with this requirement. Staff recommends the Council 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 Council finds that the Comprehensive Plan Future Land Use Map designation for this property is Low Density Residential. The subject property is zoned R-8 and 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 Council finds 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 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 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 Council finds that the site will be adequately served by the previously mentioned public facilities and services. Exhibit C -2- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 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 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 Council recognizes that traffic and noise is a concern; however, the 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 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 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 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. Private Street Findings: A. The Design of the private street meets the requirements of this Article; The applicant will have to certify that the Ada County Street Naming Committee has accepted the private street names. The design of the streets meets the standards as set forth in UDC 11-3F-4; no gates are allowed. Roadway and storm drainage shall be contained on site. B. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and Staff does not anticipate any hazard, nuisance or other detriment from the private streets if they are constructed and maintained as designed. C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The location of the private streets does not conflict with the Comprehensive Plan and/or the regional transportation plan. Exhibit C - 3 - Meridian City Council • July 8, 2008 Page 31 of 40 Rountree: I move that we approve Item No. 10, preliminary plat PP 08-001, subject to comments received through the hearing process, staffs comments, and commitments on the part of the developer. Bird: What option? Zaremba: I didn't hear Mr. Bird. Did you second that? Bird: I said what -- no. I said what option. Zaremba: Oh. Rountree: The one that the -- the option was before us as option one. Option two is conditioned in the annexation that it has to be another public hearing. Bird: That's right. Zaremba: I will second that. De Weerd: Okay. I have a motion and a second to approve Item 10 with the description as noted. Any discussion? Hearing none, Madam Clerk, roll call. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 11: Public Hearing: PP 08-004 Request for a Preliminary Plat with 6 residential building lots and 1 common lot in an R-8 zone on approximately 4.7 acres for Maxfield Subdivision by Cottage Investors, LLC — 3295 E. Falcon Drive: Item 12: Public Hearing: CUP 08-008 Request for Conditional Use Permit approval consisting of Assisted Living Facilities containing 5 buildings with 15 beds in an R-8 zone for the proposed Maxfield Subdivision by Cottage Investors, LLC — 3295 E. Falcon Drive: De Weerd: If someone would, please, let Councilman Borton know. Okay. Item 11 is a public hearing on PP 08-004 and Item 12, public hearing on CUP 08-008. 1 will open these two public hearings with staff comments. You may want to take a moment so Councilman Borton can -- Rountree: Watching a game or something. Bird: I was going to say, is he getting away. Meridian City Council • July 8, 2008 Page 32 of 40 Canning: Madam Mayor, Members of the Council, this is the Maxfield Subdivision project. It's -- the site is located at 295 East Falcon Drive on the east side of Eagle Road just south Victory Road. The applications before you tonight are a preliminary plat and a Conditional Use Permit. North shifts to the left on the next two site plans. Highlights of the proposed development include preliminary plat approval of six residential lots, one common lot, on 4.7 acres. It's currently zoned R-8 and concurrently the applicant is requesting CUP approval to construct and operate an assisted living facility comprised of five 8,525 square foot individual facilities, each with the potential to house up to 16 patients. Access to the site is proposed via a private loop street from East Falcon Drive, not Eagle Road. Forty-nine parking spaces are proposed. Amenities for the site include two gazebos, a walking path, and approximately 18 percent usable open space. There is an existing single family home on the site that is proposed to remain, with access provided from Falcon Drive and not the proposed private street and they have subdivided that house onto its own lot. In 2005 the City Council approved the annexation, preliminary plat, and Conditional Use Permit for the subject site. Same name. As part of the annexation the developer and city entered into a development agreement. Although the property was annexed, the preliminary plat and the conditional approval has since expired. The project is very similar, with some changes in the site design, so the use is nearly identical. They have done some changes with the site design and the number of lots in the plat, but it's really, essentially, the same project. The gross density is 17 beds per acre and number of .proposed buildings -- there are five new buildings proposed, plus the one single family home to remain. You do have some elevations. The landscape plan. Maybe I'll point out the structures here. This is the existing home. Then, each of these is the -- is an individual assisted living facility. And here is the little loop road. And these are the conceptual building elevations. The Commission recommended approval at their June 5th hearing. Gerold Maxfield and Van Elg spoke in favor. No one spoke in opposition or commented. The key issues of discussion by the Commission were the construction materials and the phasing plan. And the key Commission changes to staffs recommendation, they modified condition 1.3.3 to require all future buildings on this site to be constructed of stucco with stone accents. And we have received no written testimony since the staff report and to our knowledge there are no outstanding issues for City Council. De Weerd: Thank you, Mrs. Canning. Any questions for staff at this time? Bird: I have none. Rountree: I have none. De Weerd: Okay. Would the applicant like to comment? Canning: So, Van, do you want me to put this up or no? Elg: I have got a PowerPoint presentation, but I don't know if you want to spend the time on it. If you'd like to, I'll throw it together. July 18, 2008 CUP 08-008 MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT Cottage Investors, LLC ITEM NO. 5-K REQUEST Findings for Approval — Request for Conditional Use Permit approval consisting of Assisted Living Facilities containing 5 buildings with 15 beds in an R-8 zone for the proposed Maxfield Subdivision -- 3295 East Falcon Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: va Materials presents See attached Minutes See attached Findings Date: t - Phone: g3J-1' yC)LT a1 Q =_ Staff Initials: public meetings shall become property of the City of Meridian. • �J CITY OF MERIDIAN C. IDIA.�-- FINDINGS OF FACT, CONCLUSIONS 1,13A H Q OF LAW AND 1. DECISION &ORDER In the Matter of Preliminary Plat approval of 6 residential lots and 1 common lot in an R-8 zone on approximately 4.7 acres; Conditional Use Permit approval consisting of 5 Assisted Living Buildings with 15 beds in an R-8 zone and Private street approval within the proposed Maxfield Subdivision, by Cottage Investors, LLC. Case No(s). PP -08-004, CUP -08-008 and PS -08-003 For the City Council Hearing Date of. July 8, 2008 (Findings on the July 22, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 8, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 8, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 8, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 8, 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 (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -08-004, CUP -08-008 and PS -08-003 -1- 41 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 Site Plan, Landscape Plan, Building Elevations and the Conditions of Approval all in the attached Staff Report for the hearing date of July 8, 2008, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated March 27, 2008 is hereby conditionally approved; and, 2. The Applicant's Conditional Use Permit request as evidenced by having submitted the Site Plan (dated 3/27/08), Landscape Plan (dated 3/27/08), and Building Elevations included in the attached Staff Report for the hearing date of July 8, 2008, is hereby conditionally approved. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 8, 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. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -08-004, CUP -08-008 and PS -08-003 -2- • 0 extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. 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 -5B -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 may be granted. With all extensions, the Director or Com mission 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 may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 8, 2008 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -08-004, CUP -08-008 and PS -08-003 -3- 0 �J MCI By action of the City Council at its regular meeting held on the 22- day of 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Attest: Jaycee Hoban, City Clerk Copy served upon Applicant, Attorney. Mayor Tamm/de Weerd \0 ``0%j1111urrrrrrrr�r',''''i A Of o SEAL The Plon iiblic Works Department and Cit p Y By: Ax Dated: rty Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -08-004, CUP -08-008 and PS -08-003 -4- 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 STAFF REPORT Hearing Date: July 8, 2008 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: Maxfield • PP -08-004 E IDIAN* WAHO Preliminary Plat approval of 6 residential lots and 1 common lot in an R-8 zone on approximately 4.7 acres, by Cottage Investors, LLC. • CUP -08-008 Conditional Use Permit approval consisting of 5 Assisted Living Buildings with 15 beds in an R-8 zone for the proposed Maxfield Subdivision, by Cottage Investors, LLC. • PS -08-003 Private street approval within the proposed Maxfield Development. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant requested continuation of this proiect to the June 5, 2008 hearing: The applicant requested the continuance to meet with staff to work out some issues detailed in the staff report Staff met with the applicant on May 16, 2008 and as a result of that meeting, Staff has updated the staff report to reflect the changes discussed and agreed upon at that meetine: The updated changes are in bold, strike out and underlined format throughout the staff report The Applicant, Cottage Investors, LLC, is requesting preliminary plat (PP) approval of 6 residential lots and 1 common lot on approximately 4.7 acres in an existing R-8 zone. Concurrently, the applicant is requesting Conditional Use Permit (CUP) approval to construct and operate an assisted living development comprised of 5 individual facilities, each with the potential to house up to 45 16 patients. In addition, the applicant is also requesting approval to construct a private street loop to provide access and circulation throughout the proposed development. In 2005, the City Council approved the annexation, a preliminary plat and a conditional use permit for the same use at the subject site; however the applicant failed to submit a time extension application or record the plat and establish the use on the site within the time limits of the UDC. The subject development agreement ' associated with the annexation of the site requires CUP approval prior to future development in the R-8 zone. Furthermore, UDC 11-2A-2 also requires CUP approval to operate a nursing or residential care facility within an R-8 zone, respectively. At this time, the applicant is now proposing the same project which will include the 1,850 square foot single family home to remain on a separate lot and the construction of five 8,525 square -foot assisted living buildings to develop in two phases. Amenities for the site include 2 gazebos, a walking path and approximately 18 percent usable open space. Note: the difference between this submittal and the previous submittal is the applicant was proposing a two lot preliminary plat and is now proposing each building be on its own separate lot. The subject property is located on the east side of Eagle Road and on the south side of Falcon Drive, approximately 675 feet south of Victory Road, within Section 28, Township 3 North, Range 1 East. Maxfield PP -08=004, CUP -08-008 and PS -08-003 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 2. SUMMARY RECOMMENDATION The subject applications (PP, CUP, & PS) were submitted to the Planning Department for concurrent review. By City Ordinance, the Planning & Zoning Commission makes a recommendation to the City Council on the PP and CUP applications and the PS application is reviewed at the Staff level. Below, Staff has provided a detailed analysis and recommended conditions of approval for the requested Preliminary Plat, Conditional Use Permit and Private Street applications. Staff recommends approval of PP -08-004, CUP -08-008, and PS -08-003 for Maxfield Subdivision, as presented in the Staff Report for the hearing date of June 5, 2008, based on the Findings of Fact as listed in Exhibit C and subject to the conditions listed in Exhibit B. The Meridian Planning & Zoning Commission heard these items on June 5, 2008. At the public hearing the Commission moved to recommend approval of the subiect PP and CUP request. a. Summary of Commission Public Hearing: i. In favor: Garold Maxfield, Van Elg ii. In opposition: None in. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Caleb Hood b. Key Issue(s) of Discussion by Commission: i. None c. Key Commission Change(s) to Staff Recommendation: i. Condition 1.3.3 was modified to read all future buildings on the site shall be constructed of stucco with stone accents. d. • Outstanding Issue(s) for City Council: i. None The MJidian City Council heard these items on July 8. 2008. At the public hearing the Counc' approved the subject PP and CUP request. i. ,_,_ � � , _ _i [LTi"_:. , _ : V ii. In oppositione None i! Comment= None, iy� Written testimonye No & Staff presenting1 1 t_ 1 I_ Anna I. 1_ 1. . A Other staff commenting on applicadme None b. Key Issues of Discussion b NO=• -c. Key Council Changes to Staff/Commission Recommendatio mg 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Numbers PP -08- 004 and CUP -08-008 (PS optional), as presented in the staff report for the hearing date of July 8, 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 PP -08-004 and CUP -08-008 (PS optional), as presented during the hearing on July 8, 2008, for the following Maxfield PP -08-004, CUP -08-008 and PS -08-003 Page 2 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 reasons: (you must 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 PP -08- 004 and CUP -08-008 (PS optional) 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: 3295 E. Falcon Drive Section 28, Township 3 North, Range 1 East. b. Owner: Cottage Investors, LLC and Garold Maxfield & David & Natalie Gray 1920 Mayflower Way & 3295 E. Falcon Drive Boise, ID 83709 & Meridian, ID 83642 c. Representative: Van Elg, The Land Group, Inc. 462 E. Shore Drive Eagle, ID 83616 d. Present Zoning District: R-8 (Medium Density Residential) e. Present Comprehensive Plan Designation: Low Density Residential f. Description of Applicant's Request: The applicant is requesting preliminary plat approval of 6 residential lots and 1 common lot on 4.7 acres of land, zoned R-8 and concurrently requesting Conditional Use Permit (CUP) approval to construct and operate an assisted living development with five individual facilities. In addition, the applicant is requesting approval of a private street loop for the Maxfield development. g. Description of Applicant's Justification for PP, CUP and PS Approval: "The applications before represent an improved design of a previously approved plan for the subject site. To further clarify, the subject site was previously approved for a two lot preliminary plat and conditional use permit for an assisted living development in 2005. Since that time the PP and CUP have lapsed and expired. Determined to see the project through, the developer began the process of preparing for another submittal. The proposed development includes the existing single family home and five assisted living facilities on individual lots. Each unit has 15 beds, oversized kitchen and laundry facilities. Nursing Care is not provided. This is a non -convalescent facility with residents capable of varying degrees of self care." See the applicant's narrative submitted with the PP, CUP and PS application and Section 10, Analysis, below for more information. 5. PROCESS FACTS a. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of UDC 11 -5A -2D, a public hearing is required before the Commission and the City Council on this matter. b. The subject application will, in fact, constitute a conditional use as determined by City Ordinance. Maxfield PP -08-004, CUP -08-008 and PS -08-003 Page 3 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11 -5A -2D, a public hearing is required before the Commission and City Council on this matter. c. The subject application will in fact constitute a private street as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is not required on this matter. d. Newspaper notifications published on: April 28, 2008 and May 12, 2008 (Planning and Zoning Commission); June 16 and June 30, 2008 (City Council) e. Radius notices mailed to properties within 300 feet on: April 18, 2008 (Planning and Zoning Commission); June 30, 2008 (City Council) f. Applicant posted notice on site by: May 5, 2008 (Planning and Zoning Commission); June 28, 2008 (City Council) 6. LAND USE a. Existing Land Use(s): A single-family residence is currently on the site and will remain as part of the proposed development on a separate lot. The remainder of the land is currently vacant developable land. b. Description of Character of Surrounding Area: This area is primarily single family homes and maintains a residential character. c. Adjacent Land Use and Zoning 1. North: Golden Eagle Estates; zoned RUT 2. East: Golden Eagle Estates; zoned R-4 3. South: Dartmoor Subdivision; zoned RUT 4. West: Medford Place Subdivision; zoned R-8 d, History of Previous Actions: In 2005, City Council approved the annexation, preliminary plat and conditional use permit for the subject site (AZ -05-027, PP -05-027 and CUP -05-034). As part of annexation, the Developer and the City entered into a development agreement recorded under instrument # 105152708. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: S Eagle Road. Location of water: S Eagle Road. Issues or concerns: Two water connections will need to be established. 2. Vegetation: There are some existing trees on the subject properties that should either be preserved or mitigated for in accordance with UDC 11-3B-1005. See Analysis, Section 10 for more information. 3. Floodplain: NA 4. Canals/Ditches Irrigation: NA 5. Hazards: No hazards are known to exist on the site 6. Existing Zoning: R-8 (Medium Density Residential) 7. Lot Size: 4.7 acres f. Conditional Use Information: Maxfield PP -08-004, CUP -08-008 and PS -08-003 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 1. Non-residential square footage: 42,625 square feet (8,525 per building) 2. Hours of Operation: At this time, the future patrons of the assisted living facilities will not be under nursing care; however if in the future skilled nursing care is desired on site, the facilities may operate as 24 hour care facilities. This will discussed in further in Section 10 below. g. Off -Street Parking: 0.5 per dwelling unit. 1. Parking spaces required: 38 2. Parking spaces provided: 49 h. Landscaping 1. Width of street buffer(s): A minimum 25 -foot wide buffer is required to be constructed along S. Eagle Road and a 10 -foot buffer along E. Falcon Drive; landscaping within the buffers shall comply with the current street buffer landscaping standards listed in UDC 11-3B-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 11-3B-8, Parking Lot Landscaping, for internal parking lot landscaping requirements. i. Required dimensional standards for the R-8 zone, per UDC 11-2A-6: ➢ Maximum building height: 35' ➢ Minimum Lot Size: 5,000 square feet ➢ Setbacks: Front: 15 feet Side: 5 feet Rear: 12 feet j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this site is proposed from E. Falcon Drive. No direct lot access to Eagle Road is proposed or approved with this application. 7. COMMENTS MEETING On April 24, 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, Meridian Public Works Department, and the Sanitary Services Company. Staff has included comments, conditions, and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This nronerty is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain three dwelling units or less per acre (see Page 99 of the Comprehensive Plan). As mentioned earlier, the subject site was annexed and zoned R-8 in 2005. The UDC requires CUP approval for assisted living facilities in the R-8 district to ensure compatibility with the surrounding residential Maxfield PP -08-004, CUP -08-008 and PS -08-003 Page 5 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 development. Furthermore, the comprehensive plan encourages high quality medical services to meet the health care needs of the citizens of Meridian. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • 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 (ACRD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change. • The subject lands currently lie within the City's urban service planning area and is serviced by Meridian City Fire Department. This service will not change. • The subject land is currently within the jurisdiction the Meridian Police Department (MPD). This service will not change. • 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 IV, Objective C, Action 1: Protect existing residential properties from incompatible land use development on adjacent parcels. Both the Comprehensive Plan and the Zoning Map envision the adjacent properties in this area of Meridian to develop with residential land uses. Staff believes the proposed development to be harmonious with the existing and future residential developments in the area. Chapter VII, Goal IV, 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 25 foot landscape buffer adjacent to S. Eagle Road and 10 foot landscape buffer adjacent to E. Falcon Drive. • 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 11-3B-8. • Chapter VII, Goal IV, Objective D, Action 2 (page 114) — Restrict curb cuts and access points on collectors and arterial streets. This site is not proposing access to an arterial. Access to the site is proposed from E. Falcon Drive, a local road. Maxfield PP -08-004, CUP -08-008 and PS -08-003 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 • Chapter IV, 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. • Encourage compatible uses to minimize conflicts and maximize use of land. (Chapter VII, Goal IV) 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 combination ofsplit rail and 6 -foot vinyl fencing along the perimeter of the site. Prior to any buildingpermits the proposed fencing and temporaryfencing will need to be installed to contain debris. • Chapter VI Goal V, Objective A, Action 2: Develop provisions for medical services in the Zoning and Development Ordinance. The UDC allows Assisted Living Facilities in an R-8 zone with conditional use approval. Staff believes that the proposed use is consistent with the Comprehensive Plan and is 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. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists nursing or residential care 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. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the PP, CUP and PS request as proposed, with the following comments: PP Application: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Code, Staff believes that this is a good location for the proposed development. Please see below and Exhibit C for detailed analysis and facts and findings for a preliminary plat. Dimensional Requirements of the R-8 zone per UDC Table 11-2A-6: The applicant is proposing six residential lots and one common lot within an R-8 zoning district. The UDC Maxfield PP -08-004, CUP -08-008 and PS -08-003 Page 7 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 requires a minimum lot size of 5,000 square feet in the R-8 district. The proposed plat consisting of 6 buildable lots complies with the R-8 zoning district dimensional standards. Furthermore the subject buildings are subject to the R-8 districts setbacks. On the submitted site plan the proposed buildings comply with the required setbacks. Landscaping: South Eagle Road is designated as an arterial roadway. The UDC requires a 25 - foot wide landscape street buffer along S. Eagle Road, an arterial roadway and a 10 -foot landscape buffer adjacent to E. Falcon Drive, a local street. On the submitted landscape plan the applicant has complied with the UDC. Said buffers shall be planted and maintained in accordance with UDC 11-3B-7. The submitted landscaping plan does show existing trees on the site. However, they are not referenced to be protected and incorporated into the design of the project or being identified as being removed and mitigated for. Any existing on-site tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The Applicant should coordinate a mitigation and protection plan with Elroy Huff 888-3579 at the Meridian Parks Department. This should be included on the updated landscape plan submitted with the final plat application. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B-14. Common Areas/Open Space: UDC 11-3G-1 requires the applicant to provide 10 percent common open space and site amenities in residential districts for properties 5 acres or larger in area. The subject property is approximately 4.7 acres; therefore the 10 percent common open space is not required. However, the applicant is proposing 18 percent useable open space within the development and exceeds the amount required by the UDC. Proposed Streets and/or Access: The applicant is proposing to take access to/from E. Falcon Drive via a private street that will provide access and circulation with the proposed development. In addition, the existing home on the site has two existing approaches onto E. Falcon Drive. Staff believes that only one driveway stub from the existing home site should be allowed. Therefore, the driveway approach adjacent to the eastern boundary of Lot 3 should be vacated. If the applicant vacates said drive stub, staff is supportive of the access proposed for the development. The private street requirements will be further explained in the Private Street section below. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single - point connection to the culinary water system shall be required. If a single -point connection is 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 all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. The applicant has stated in the narrative that there are insufficient surface water rights to justify the construction of a pressurized irrigation system. As previously approved, the applicant is requesting the use of City water to irrigate the landscaping for the development. The applicant should coordinate with Public Works regarding using city water for irrigation purposes. With final plat submittal the applicant Maxfield PP -08-004, CUP -08-008 and PS -08-003 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 should provide proof that the property does not have sufficient surface water rights from the appropriate irrigation district. Existing Structures: The site currently contains an existing single family home with an associated outbuilding. As mentioned earlier, the existing 1,850 square foot home is to remain on one of the proposed lots; however the existing outbuilding is slated for demolition to make way for the proposed assisted living facilities. Prior to the City Engineer's signature of the final plat, the existing outbuilding on this site shall be removed. Fencing: On the submitted landscape plan, perimeter fencing is being proposed for the site. Along the northern and western boundaries, the applicant is proposing a split rail fence and along the southern and eastern boundaries a 6 -foot solid vinyl fence is proposed. 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 11-3A-7. Phasing Plan: At this time the applicant is proposing to complete the project in two phases. Phase 1 is proposed to include the construction of two of the five proposed assisted living facilities. Phase 2 includes the development of the southern portion of the development and includes the remaining three buildings. Staff is supportive of the phasing plan; however all landscaping, fencing, parking lot improvements and amenities should be completed prior to occupancy of the first building. CUP Application: The applicant is requesting CUP approval to construct and operate 5 assisted living facilities on 4.7 acres of land zoned R-8. As part of annexation into the city, the applicant was required to enter into a development agreement which requires a CUP for any future development on the site. Furthermore, UDC 11-2A-2 also requires 'CUP approval to operate a nursing or residential care facility within an R-8 zone, respectively. 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 15 patients per building on- site which will require 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. pride. -s eepy-gf Me State Lieense pi4er to is�quanee of a -G fei- the site. 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: Not applicable. 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. Maxfield PP -08-004, CUP -08-008 and PS -08-003 Page 9 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 2. Outdoor play equipment over six feet (6) high shall not be located in a front yard or within any required yard. Not applicable. 3. Outdoor play areas in residential districts or uses adjacent to an existing residence shall not be used after dusk. Not applicable. C. Additional standards for uses providing care to patients who suffer from Alzheimer's disease, dementia or other similar disability that may cause disorientation: A barrier with a minimum height of six feet (6), along the perimeter of any portion of the site that is accessible to these patients shall 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. 05-1170, 8-30-2005, eff. 9-15-2005) At this time, the applicant is proposing self- sufcient facilities and does not anticipate ambulatory patients or dementia patients to be located at the proposed facilities. If applicable, strict adherence to this requirement is required at CZC submittal for the proposed building. Building Elevations: Elevations for the proposed buildings were submitted with this application, prepared by Medical Design Group, labeled as Sheets 4.00 and 4. 10, and are included in Exhibit A. However, the siding and roofing materials are not called out 'on the submitted elevations. The applicant is proposing masonry veneer along the front facade. The masonry veneer is carried to side elevations as well; with one side having full treatment and the opposite side having partial treatment. 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. Furthermore, the applicant should testify at the public hearing what construction materials are proposed for the assisted living buildings. Staff is also recommending all public street side elevations have the same masonry veneer along the entire facade of the building. Parking: UDC 11-3C-6 requires 0.5 spaces per dwelling unit for nursing or residential care facilities. Each of the proposed buildings (5 total) is expected to house 15 patrons. Based on the parking requirements of the UDC (15. X 5 X 0.5) the minimum parking for the site is 38 and 49 stalls are proposed. 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 -5C. If the above changed is made, staff is supportive of the parking for the site. Site Plan: Staff has reviewed the site plan (prepared by The Land Group; dated 03/27/2008, 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 -6G, provide a minimum of 2 bicycle parking space on the site in compliance with the standards listed in UDC 11 -3C -5C. Per UDC 11 -3C -5B3, 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 may be widened to 7 feet to allow for overhang in this area. Landscaping: Staff has reviewed the landscape plan (prepared by The Land Group, dated 03/27/2008, labeled as L1.0, 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: Maxfield PP -08-004, CUP -08-008 and PS -08-003 Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 • Per UDC 11-3B-8C2b, no linear grouping of parking stalls shall exceed 12 in a row without an internal planter island. On the submitted landscape plan, there are 14 stalls in a row adjacent to building A, Lot 1; provide an additional internal planter island to comply with this requirement. Said planter island shall contain a minimum of 50 square feet and shall not be less than 5 feet in any dimension, measure inside curbs and shall be planted with a minimum of 1 tree and low shrubs, lawn, or other vegetative groundcover. The . plie,...tpr-eposing Building B a Tet n t„ be 1..e to . mat 1 6 feet fre the rear- pr-epefty line to the r-esideatiai heme that is te remain as pa14 of the subdivisien. believes additional land - . �essai=y te buffer- the residents of the existing heme. Staff is Feeommending fe-nuir _;�_Jdffitfiehanal trees be piftnted on the M,est side of propose Building B to add additional buffering for- the Fesidents of the existing he Amenities: As mentioned earlier, the applicant is providing amenities on the site for fixture patrons to use. The amenities include areas for flower beds, a convenient and large common area, two covered patio/gazebos sitting areas, and a pathway system. Staff believes the applicant has done a good job providing amenities on the site. However, Staff recommends that the Commission determine if the proposed amenities are appropriate for a development of this size. Hours of Operation: At this time, the future patrons of the assisted living facilities will not be under nursing care. The applicant states, the facilities are non -convalescent with residents capable of varying degrees of self care." Although the applicant is not proposing skilled nursing care on- site, staff is recommending provisions be in place to allow for 24 hour care on the property. Staff is proposing to limit the future nursing care facilities to Building H and C and D on Lots 6 and 7 5 and 6 afghame k� of the project. Furthermore, staff recommends the shift changes for the nursing staff not occur between the hours of 11 pm and 7 am to not disturb the residents of the surrounding neighborhoods. If the applicant complies with these recommendations, staff is supportive of skilled nursing care on the site. 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. PS (Private Street) Application: The applicant is proposing to construct a private street loop to provide access and circulation throughout the proposed development. The UDC requires private streets to be constructed within an easement and have a travel lane width of 24' or 26' with no allowed parking as determined by the Fire Marshal. The proposed private street loop is internal to the development and is to be constructed as a private drive and include a 5 -foot sidewalk (pathway) on one side. However a portion of drive aisle (west side radius) narrows to 20 feet but maintains the Fire Departments and Sanitary Services turning radius requirement. The applicant has submitted a Private Street application as required by UDC 11-3F-3. Staff is supportive of the applicants request and has conditioned as such in Exhibit B. b. Staff Recommendation: Staff recommends approval of PP -08-004, CUP -08-008 and PS -08-003 for Maxfield Subdivision, as presented in the Staff Report for the hearing date of June 5, 2008, based on the Findings of Fact as listed in Exhibit C and subject to the conditions listed in Exhibit B. The Meridian Planning & Zoning Commission heard these items on June 5, 2008. At the public hearing the Commission moved to recommend approval of the subject PP and CUP request. The Meridian Maxfield PP -08-004, CUP -08-008 and PS -08-003 Page 11 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 11. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Preliminary Plat (prepared by The Land Group, dated 03/27/2008, labeled PP -1.0) 3. Landscape Plan (prepared by The Land Group, dated 03/27/2008, labeled L1.0) 4. CUP Site Plan (prepared by The Land Group, dated 03/27/2008, labeled CUP -1) 5. Building Elevations (prepared by Medical Design Group, labeled Sheet 4.00 & 4.10) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health C. Required Findings from the Unified Development Code Maxfield PP -08-004, CUP -08-008 and PS -08-003 Page 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 A. Drawings 1. Vicinity Map -4 oN -- - ` m� Rl E -i RUT T 111C.-ORY RDi 11 I� R-4 m� RUT R ALCON DR AVRST` W I i RUT 4 W ILI jK d � RUT W Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 2. Preliminary Plat Exhibit A aotsrnlpgne p1pWDV ;� u1IIi61�id Mol -2- 1 r j Mol -2- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 3. Landscape Plan 049pi °uelppow rued 3dVOSUNVI ld'Id AUVNIV41 18d lt ! °II �'AD 1.1 NoisEniaans aiauxvw � j u mug lollI Exhibit A -3- 11 ill IOU u mug lollI 11111111111111111110ml®l m1" Exhibit A -3- .. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 4.'CUP Site Plan Arunco vav 10 OqUpi 'UUTP!aaw UvIH ;q!S uoj,jWpgnS i jopmDtl 11- rtiwJad Rsfl Iau09MI U0O ga 2 � O r 1 » /Tir t Exhibit A \1. b. ifl 9, .. as ° ! I I' -.a -4- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 5. Elevations FWWM 77� ,r. -- W- -- J __ - ------ --- -- ---= C l 3516 -EARIF aFYAsize TIION a2• = t'- 07 Lime su re., mwo�uss-, ....nmmm ASI F)RONT E��VATIONW e - Exhibit A m'IuIAY�vrt /ml - ee, m wssn,.r�¢[ Feu O iooam I I I ` r ml. aa, f mmrii,�ac .. 27, 1w OF __- ------ --- --------------- ---- ------- -------------------------------------- --— -------=----.� C1 ,SIDE ELEVATION - 9/16° . P- 0' (hall .arm "P • P- 01) m Al SIDE ELEVATION -9/16° • I'• 0" (hair elzm 9192" ..i'- 0•)maul mT m am,cw,ruw w, wm.mne noouomw: -5- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 PRELIMINARY PLAT 1.1 Site Specific Conditions 1.1.1 All comments and conditions of the accompanying Conditional Use Permit (CUP -08-008) applications shall also be considered conditions of the Preliminary Plat (PP-08-004).The 7 -lot preliminary plat prepared by The Land Group, dated March 27, 2008 (attached in Exhibit A), is approved. 1.1.2 Access to this site shall be provided from E. Falcon Drive via a private drive. Direct lot access to S. Eagle Road is prohibited. 1.1.3 Prior to the City Engineer's signature on the final plat, all existing structures on this site shall be removed. Prior to the issuance of any building permit for a new dwelling unit, the final plat shall be recorded. 1.1.4 The landscape plan prepared by The Land Group, dated March 27, 2008, labeled L1.0 (attached in Exhibit A), is approved with the following notes/changes: • Provide a minimum 25 -foot wide bermed landscape buffer along S. Eagle Road with a 5 - foot detached sidewalk and provide a 10 -foot landscape street buffer adjacent to lot 1 with either an attached or detached 5 -foot sidewalk. All landscape materials shall be installed in accordance with UDC 11-3B-9, Landscape Street Buffers. • Per UDC 11-313-10, 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 final plat submittal. • Construct a 6 -foot tall vinyl fence along the south and east boundary and construct a split rail fence along the west and north boundary, as proposed. • 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. Submit revised landscape plans to the Planning Department with the submittal of the final plat application. 1.1.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the 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. The applicant shall coordinate with Public Works regarding using city water for irrigation purposes. With final plat submittal the applicant shall provide proof that the property does not have sufficient surface water rights from the appropriate irrigation district. 1.1.6 All development improvements including water, sewer, fencing, landscaping, amenities and pressurized irrigation shall be installed and approved prior to City's Engineers signature on the final plat. Exhibit B 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF TULY 8, 2008 1.1.7 A letter of credit or cash surety in the amount of 110% will be required for all required fencing, pressurized irrigation, landscaping, sanitary sewer, water, etc., prior to signature of the final plat. 1.1.8 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, private streets, and other development features. 1.1.9 Sidewalks/walkways shall be installed within the subdivision and along the adjacent streets pursuant to UDC 11-3A-17. Coordinate with ACRD the extension of the sidewalk on S. Eagle Road and E. Falcon Drive. 1.1.10 Provide a private drive within the development as approved with PS -08-003. Said private drive shall comply with the private street requirements in accordance with UDC 11-3F. 1.1.11 The driveway approach adjacent to the eastern boundary of Lot 3 (on the existing home site) shall be vacated. 1.2 GENERAL CONDITIONS 1.2.1 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.2.2 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. Where the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. 1.2.3 The Applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided at the time of building permit submittal, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of- way. All fencing should be installed in accordance with UDC 11-3A-7. 1.2.4 Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve the Applicant of responsibility for compliance. 1.2.5 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.2.6 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.2.7 The applicant shall comply with the dimensional standards of the R-8 zoning district. 1.3 CONDITIONAL USE PERMIT 1.3.1 The site plan, prepared by The Land Group, dated March 27, 2008, is approved with the following modifications: • Per UDC 11 -3C -6G, provide a minimum of 2 bicycle parking space on the site in compliance with the standards listed in UDC 11 -3C -5C. Per UDC 11 -3C -5B3, 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 may be widened to 7 feet to allow for overhang in this area. • Provide 49 parking stalls on the site as proposed. Exhibit B - 2 - • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 1.3.2 The landscape plan, prepared by The Land Group, dated March 27, 2008, is approved with the , following modifications: • Per UDC 11-3B-8C2b, no linear grouping of parking stalls shall exceed 12 in a row without an internal planter island. On the submitted landscape plan, there are 14 stalls in a row adjacent to building A, Lot 1; provide an additional internal planter island to comply with this requirement. Said planter island shall contain a minimum of 50 square feet and shall not be less than 5 feet in any dimension, measure inside curbs and shall be planted with a minimum of 1 tree and low shrubs, lawn, or other vegetative groundcover. • Provide amenities on the site to include areas for flower beds, a convenient and large common area, two covered patio/gazebos sitting areas, and a pathway system, as proposed. Provide 4 dd t' 1 + ees1eng the west '.1 f Building B e Tet A and the 6 feet ..olid vinyl F 1.3.3 The building elevations, prepared by Medical Design Group, labeled Sheet 4.00 and 4.10, are approved with the following modifications: • In no case shall the buildings use vinyl siding as the primary siding material. All future buildings on the site shall be constructed of stucco with stone accents. All public street side elevations shall have the same masonry veneer along the entire fagade of the building. 1.3.4 The applicant shall 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. 1.3.5 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 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.3.6 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). 1.3.7 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 18 months of approval, a new conditional use permit must be obtained prior to operation. 1.3.8 If 24 hour nursing care facilities are proposed in the future; it shall commence within Buildings D and C and D on Lots 6 and 7 5 and 6 of the project. The nursing staff shift change shall not occur between the hours of 11 pm and 7 am as to not disturb the residents of the surrounding neighborhoods. 1.3.9 The site shall comply with all of specific use standards in accordance with UDC 11-4-3-29, as applicable. 1.3.10 The YY l shall lsubmiter..i of the Health and Welfare Lieense with GZG s,.i...,.:tt l 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. 1.3.11 The applicant shall submit an approved site plan from Sanitary Services Company (SSC) with the Certificate of Zoning Compliance application. Exhibit B - 3 - r� U CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in S Eagle Road. The applicant shall install mains to and through this subdivision including the extension of the 8 inch sewer main from a existing manhole located near E Shaver St and S Eagle Road to the applicants furthest northern property line near E Falcon Drive; 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 S Eagle Road. The applicant shall be responsible to install two water connections one from S Eagle Road and another from the intersection of E Falcon Drive and S Eagle Road due to fire flow requirements. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.5 All existing structures that are required to be removed shall'be prior to signature on the final plat by the City Engineer. 2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. Exhibit B - 4 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 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 2.19 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the proj ect. 2.20 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 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. Exhibit B - 5 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 3.3 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.4 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 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). 3.6 The buildings on the site shall require a NFPA 13R or 13D sprinkler system and fire alarm system per NFPA 72. 3.7 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 '/2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be 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. 3.8 For all Fire Lanes provide signage "No Parking Fire Lane". 3.9 The private roadway and grass pave shall be able to accommodate an imposed load of 75,000 GVW. 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). 4. POLICE DEPARTMENT 4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed two feet in height. Trees shall have a canopy of no less than six feet. Exhibit B _ 6 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 5. PARKS DEPARTMENT 5.1 No comments received from the Parks Department. 6. SANITARY SERVICES COMPANY 6.1 Please contact Doug Mason at SSC (888-3999) for detailed review of your proposal prior to the public hearing. There is a concern that the required modifications may significantly impact your site design and may require a revised site plan. If the site plan is revised, contact the planner assigned to the project immediately to discuss the changes and how to proceed with the revised site plan. 6.2 Please contact Doug Mason at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Dedicate 48 -feet of right-of-way from the centerline of Eagle 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. 7.2 Construct a 5 -foot concrete sidewalk on Eagle Road abutting the site. The sidewalk should be constructed a minimum of 41 feet from the centerline of Eagle Road. 7.3 Construct Falcon Drive as one half of a 36 -foot street section with vertical curb, gutter and a 5 - foot detached concrete sidewalk within the existing right-of-way. 7.4 Construct three driveway accesses to intersect Falcon Drive: • Construct the first driveway access 10 feet wide to intersect Falcon Drive at the easternmost property line. 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 radia abutting the existing roadway edge. • Construct the second driveway access 14 feet wide to intersect Falcon Drive approximately 102 feet from the easternmost property line(measured property line to near edge). 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. • Construct the third driveway access a maximum of 20 feet in width to intersect Falcon Drive from the easternmost property line(measured property line to near edge). 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 Direct lot access to Eagle Road is prohibited and shall be noted on the final plat. 7.6 Comply with all Standard Conditions of Approval. Exhibit B - 7 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 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 ACHD 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 ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 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 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 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 to create a mosquito breeding problem. Exhibit B - 8 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 C. Require Findings in Accordance with the UDC 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. The Council supports the proposed density and proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission recommends the Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine. this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. 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. ACHD considers road safety issues in their analysis. The Commission recommends that the 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 the Commission is unaware. 6. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic, or historic features on this site. Therefore, 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. The Commission recommends that the 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 the Commission is unaware. Exhibit C 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF YULY 8, 2008 2. CUP Findings: The Commission and Council 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 existing site is large enough to accommodate the proposed use. However, the R-8 zoning district requires CUP approval for Nursing 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. Off-street parking is required at the ratio of 0.5 per dwelling unit. Thirty eight off-street parking stalls are required for this site based on the number of beds (75) provided for the residents of the facility; 49 are provided. The applicant complies with this requirement. Staff recommends the Council 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 Council finds that the Comprehensive Plan Future Land Use Map designation for this property is Low Density Residential. The subject property is zoned R-8 and 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 Council finds 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 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 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 Council finds that the site will be adequately served by the previously mentioned public facilities and services. Exhibit C - 2 - • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008 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 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 Council recognizes that traffic and noise is a concern; however, the 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 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 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 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. 3. Private Street Findings: A. The Design of the private street meets the requirements of this Article; The applicant will have to certify that the Ada County Street Naming Committee has accepted the private street names. The design of the streets meets the standards as set forth in UDC 11-3F-4; no gates are allowed. Roadway and storm drainage shall be contained on site. B. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and Staff does not anticipate any hazard, nuisance or other detriment from the private streets if they are constructed and maintained as designed. C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The location of the private streets does not conflict with the Comprehensive Plan and/or the regional transportation plan. Exhibit C -3- July 18, 2008 AZ 06-022 MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT Briggs Engineering ITEM NO. 54 REQUEST Development Agreement -- Request for Annexation and Zoning of 9.98 acres from RUT to an R-4 zone for Prato Villas Subdivision -- 4052 & 4202 West Daphne Street 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 Development Agreement Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAV ID NAVARRO AMOUNT .00 48 BOISE IDAHO 08/01/08 10:10 AM DEPUTY Bonnie llig III I'II'IIII,III'll'll'III'IIIIII II'll RECORDED -REQUEST OF Meridian Cik 108087854 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Chad Colbent, Gerald Saxton, Kent Pintus, Owner/Developers THI . WREVELOPMF4U AGREEMENT (this "Agr ent'), is made and entered into this day of 2000; by and between City of Meridian, a municipal corporation of the tate of Idaho, hereafter called "CITY', and Chad Colbent, Gerald Sexton, Kent Pintus, whose address is 3325 W. Jacobastor Way, S. Jordon, Utah 84088, hereinafter called "OWNER/DEVELOPERS". RECITALS: 1.1 WHEREAS, "OWNER/DEVELOPERS" are the sole owners, 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/Developers" 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 the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, "Owner/Developers" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-4) Low Density Residential District (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner/Developers" 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 06-022) PRATO VILLAS SUBDMSION PAGE 1 OF 11 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 8a' day of August, 2006, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER/DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "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 City 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 06-022) PRATO VILLAS SUBDIVISION PAGE 2 OF 11 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 Chad Colbent, Gerald Saxton, Kent Pintus, whose address is 3325 W. Jacobastor Way, S. Jordan, Utah 84088, the party developing said "Property" and shall include any subsequent owners and/or developers of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-4 (Low 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 City Unified Development Code which are herein specified as follows: Construction and development of a Certificate of Zoning Compliance shall be submitted to the City of Meridian prior to a future development in the R-4 zone, and the pertinentprovisions of the City of Meridian Comprehensive Plan are applicable to thisAZ 06-022 application. 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: 5.1.1. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any DEVELOPMENT AGREEMENT (AZ 06-022) PRATO VILLAS SUBDIVISION PAGE 3 OF i I persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 5.1.2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 5.1.3. That the owner/developer will be responsible for all costs associated with the sewer and water service extension. 5.1.4. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5.1.5. That the following shall be the only allowed uses on this property: single-family detached homes and allowed accessory uses of the R-4 zone. 5.1.6. That a maximum of 30 single-family building lots will be platted on this property. 5.1.7. That prior to any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner/Developers" or "Owners/Developers"' 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: "Owner/Developers" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: DEVELOPMENT AGREEMENT (AZ 06-022) PRATO VILLAS SUBDIVISION PAGE 4 OF 11 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 Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Owner/Developers", "Owner/Developers"' 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 maybe 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/Developers" 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/Developers"' cost, and submit proof of such recording to "Owner/Developers", prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning ofthe "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/Developers", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate DEVELOPMENT AGREEMENT (AZ 06-022) PRATO VILLAS SUBDMSION PAGE 5 OF 11 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/Developers" shall have thirty (3 0) 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 (3 0) 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/Developers" 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, to insure that installation of the improvements, which the "Owner/Developers" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Owner/Developers" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developers" 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/Developers" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de - annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. DEVELOPMENT AGREEMENT (AZ 06-022) PRATO VILLAS SUBDIVISION PAGE 6 OF 11 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: Chad Colbent, Gerald Saxton, Kent Pintus 3325 W. Jacobaster Way S. Jordon, Utah 84088 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" 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 DEVELOPMENT AGREEMENT (AZ 06-022) PRATO VILLAS SUBDIVISION PAGE 7 OF 11 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/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 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 /DEVELOPERS: DEVELOPMENT AGREEMENT (AZ 06-022) PRATO VILLAS SUBDMSION PAGE 8 OF 11 Cl ?OL2L." GERALD SAXTON KENT PINTUS CITY OF MERIDIAN MAYOR TAW.AY de WEERD Attest: WfItbkM4—BER-G�,., CITY C Eau SEAL .1 averscp l-�olrna� y 49 coves DEVELOPMENT AGREEMENT (AZ 06-022) PRATO VILLAS SUBDMSION PAGE 9 OF 11 TAN -24-2004 05:18A FROM:DBS CONST/TRUESTYLE 801 254 3725T 12089385200 P.2 07/02/2008 16:11 208938 HGI EAGLE 6 PAGE 01/02 KENT PUMS DEVELOPMENT AGREEMFM (AZ 06-022) PRATO VR.LAS SUBD"ION PAGE 9 OF I 1 Jul 03 08 11:37a Attest: Kent Pintus Office 43591$8946 CITY OF MERIDIAN By: de p.2 DEVELOPMENT AGREEMENT (AZ 06-022) PRATO VU LLAS SUBDIVISION PAGE 9 OF 11 Z0/I0 39tld 310V3 I9H a0Z58E68oz 6S:Li 869Z/Ze/La STATE OF IDAHO ) ss County of Ada ) On this 2 day of Tim , 200 , before me, the undersigned, a Notary ary Public in and for said State, personally a peared Chad Colbent, known or identified to me to be the person who signed the instrument, 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. ••ease•&••• • CTA 4: • (SEAL)• ' 1r ` • e • • i�� ;�JgLt , P�O• •�� OFA•• STATE OF IDAHO ) ss County of Ada ) r! otary Public for Idaho Residing at: CCxda U—tU, L® My Commission Expires: 103 0 _U e On this day of , 200 �, befo a me, the undersigned, a Notary Public in and for said State, personally appeared Geral axton, known or identified tome to be the person who signed the instrument, and ackno edged to me that he executed the same. IN WITNESS WHEREOF, I have the day and year in this certificate first ab (SEAL) into set my hand and affixed my official seal written. Notary Public for Idaho Residing at: My Commission Expires: DEVELOPMENT AGREEMENT (AZ 06-022) PRATO VILLAS SUBDMSION PAGE 10 OF 11 JAN -24-2004 05:19A FROM:DBS CONST/TRUESTYLE 801 254 3725 07/02/2008 16:11 2089380 HGI EAGLE STATE OF IDAHO ) : 9s County of Ada } T 12089385200 P.3 PAGE 02/02 On this 2 day a� 200ibt fare me, the um ersi Public n and fol said State, pm(;o fly a1pe�a>ted Chad Colbemt, [mown or identified to me o i be the P"n who signed the instrument, mad acknowledged to me that he executed the some. IN WITNESS WHEREOF, i have hm mto set my hand and affixed my official seal the day and year in this certificate first above written. _ Ix (SEAL) JI• STA'T'E OF IDAHO ) County of Ada rotary Public for Idaho Residing at: Cc"&��o MY Commission Expires: - i On thi-%Z day of 141e , 204, before me, the undersigned, a Notary Public in and for said State, pens orally appeared Gerald Saxton, kmoam or identtified to me to be the peirson who signed the instrument, and ac imowledged to me dut he executed the same. IN VVrMSS WHEREOF, I have here=to set my hand and affixed my official seal the day and year in this cmtificate first above written. 8AL 0000a000c Notary Public, State of Utah DOROTHY M BINSTOCK i 1588 Moor Oats Lane Sell Lake City, UT 84117 .►'' NVComnssionExpires I -06.2008 �000000��oa 01 Pub 'c for Tdaho Residing at: *z -:n My Commission Expo: -,W _n O r DEVELOPMENT AGnEMENT (AZ 06-022) PRATO VXLA,S SUBDIVISION PAGIr 10 OF 1 It Jul 03 08 12:17p Kent Pintus Office 4359 9946 to -r.h STATE OF- ) Cour><tyof �-1i'n�'i g On this L da of (,t,� y 2004 before me, the rmdersigned, a Notary Public is and for said State, personally appeared Kent Pians„ known or ide:d fied to me to be the person who signed the instrument, and acknowledged to me that he executed the same. W WITNESS WHEREOF, I have herewo set myhoud and affixed my official sea the day and year in this certificate first above wrium WEND; NfELSEN .. % Notary Pubtic State of Utah ommZ0 N. Main St. Suite 2uiof)Expires �} Geo fQe � 84770 STATE OF IDAHO ) B9 County of Ada ) Nohry Public4ir %ja Residing at: 5f , e U7- My Commission Expires: - ;Lq i z. On this day of Public, personallyappeared Tammy de Weerd and Wi 0o me to be the Mayor and Clerk. respectively, of the icsttvment or the person that exemted the inste6 acknowledged to me that such City executed &o me p.1 9 210( , before rue, a Notarys Jr, w or entified MYA*- Q4ft Of Meridian, who execute the of behalf of said City, and IN WITNESS %WIH REO , I have hereunto set my hand and ativice,a my official seal the day and year in this ficate first above written (SEAL'.,) Notary ubP lie for Idaho Residing at: Commission expires: D04LOPMWAGM3WW (AZ ()6-022) FBATO VUTAS SUBDIVISION PAGE 11 OF 11 Z0/Z0 39Gd 319V3 I9H 00ZS8E680Z 65:LI 800Z/Z0/L0 STATE OF IDAHO ) County of Ada g On this da f y o _ . 200, ore me, the undersigned, a Notary Public in and for said State, personally appeared t Pintus, known or identified to me to be the person who signed the instrument, and a owledged to me that he executed the same. IN WITNESS WHEREOF, the day and year in this certific (SEAL) ve hereunto set my hand and affixed my official seal above written. Notary Public for Idaho Residing at: My Commission Expires: STATE OF IDAHO ) ss County of Ada ) On this dayof 200 ,before me, allotary Public, personally appeared Tammy de Weerd and , Jr., snow or i entifieed50.�- lirjlwv�q.% to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I h e hereunto set my hand and affixed my official seal the dayg0andA ear in this certificate r above written TAJZ,4 (SEAL) y ��� ® otary Public for Idaho o_: Residing at: to •9a�;"� ; �' • Commission expires: br O � •i't' jC _--''� i • DEVELOPMENT AGREEMENT (AZ 06-022) PRATO VILLAS SUBDIVISION PAGE 11 OF 11 Legal Description DESCRIPTION FOR ANNEXATION TO CITY OF MERIDIAN PRATO VILLAS SUBDIVISION March 22, 2406' A PARCEL OF LAND BEING A PORTION OF WEST DAPHNE STREET AND ALL OF LOTS 6 AND T. BLOCK 2.OF BLACK CAT ESTATES NO. 2. AS RECORDED IN BOOK 32 OF PLATS. PAGE 1945 AND 1948, AOA COUNTY RECORDERS OFFICE. LOCATED IN THE SOUTH 1R OF THE SOUTHWEST 1/4 OF SECTION 27, TOWNSHIP 4 NORTH. RANGE 1 WEST, BOISE MERIDIAN, At COUNTY, IDAHO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SW 1/4 OF SECTION 27, T. 4 N-. P- 1 W., B.M.. ADA COUNTY. WAijo. THENCE S 89.3525' E 2653.96 FEET TO THE SOUTHEAST CORNER OF SAID SW 1/4 (SOUTH 1/4 CORNER), THENCE N 00'29119' E 844.81 FEET ALONG THE EAST LINE OF SAID 8W 1/4 TO THE SOUTHEAST CORNER OF 7, BLOCK 2; OF BLACK CAT ESTATES NO. 2. AS RECORDED IN BOOK 322 OF PLATS, PAGE 1945 AND 1948,• ADA COUNTY RECORDERS OFFICE, THE REAL p0(NT OF BEGINNING OF THIS SUBDIVISION; THENCE N 89' 10'40" W 329.57 FEET TO A POINT ON THE NEW NORTHERLY RIGHT OF WAY WEST DAPHNE STREET: THENCE S 87.41'38- W 6.82 FEET TO THE CENTERLINE INTERSECTION OF WEST DAPHNE STREET AND NORTH JOY STREET; THENCE N 88'15'45- W 335.44 FEET ALONG THE CENTERLINE OF WEST DAPHNE STREET TO A POINT; FOLLOWING THE BOUNDARIES OF LOTS 6 AND 7. BLOCK -2. OF SAID BLACK CAT ESTATES NO.2 AS FOLLOWS: THENCE N 00'25'14' E 600.25 FEET TO A POINT ON THE NORTH LINE OF THE S ih OF SAID SW 1/4. THENCE S 89.17'29• E 86®-81 FEET ALONG SAID LINE'TO THE NORTHEAST CORNER OF SAID S t/2 (CS 1/18 CORNER); THENCE S 00'20'12' W 560.00 FEET TO A POINT TO THE REAL POINT OF BEGINNING OF TH16 SUBDIVISION. SAID PARCEL CONTAINING 10.18 ACRE$ MORE OR LESS. WAYNE K. BARBER, W I08•RrvAanct.dm P.L.S. 8444 w CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER 9 R-ECEIVED AUG 4 eridia:A �1TV "VF �. rk:0 Ce (C�ierr�r�n 4 IDAHO y. In the Matter of Annexation and Zoning of 10.16 acres from RUT (Ada County) to R-4 (Medium Low -Density Residential) AND, Preliminary Plat approval of 30 single-family residential building lots and 4 common lots on 9.97 acres in a proposed R4 zone, for Prato Villas Subdivision, by Briggs Engineering, Inc. Case No(s).: AZ -06-022 and PP -06-022 For the City Council Hearing Date of: July 18, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 18, 2006, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 18, 2006, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 18, 2006, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 18, 2006, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-0221 PP -06-022 - PAGE I of 4 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, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 18, 2006, 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 Preliminary Plat as evidenced by having submitted the Preliminary Plat dated June 2, 2006, by Briggs Engineering, Inc., is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. None 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 18, 2006, incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. 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 record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-022 / PP -06-022 - PAGE 2 of 4 and filed by the applicant prior to the termination of the period in accord with 11 -6B - TA, the Director may authorize a single extension of time'to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely 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 18, 2006. CITY OF -MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECTSION & ORDER CASE NO(S). AZ -06-022 / PP -06-022 - PAGE 3 of 4 By action of the City Council at its regular meeting held on the !/ 2006. COUNCIL MEMBER SHAUN WARDLE VOTED Yew 00 COUNCIL MEMBER JOE BORTON VOTED_#LA., COUNCIL MEMBER CHARLIE ROUNTREE VOTED_0�!L— COUNCIL MEMBER KEITH BIRD VOTED 4kA - TIE BREAKER MAYOR TAMMY de WEERD VOTED ATTEST: WILLIAM G. BEI Copy served upon: 11 7 _v-** Applicant Mill I t10. %..e_ Planning Department ✓ Public Works Department City Attorney By: Dated: _ �� -OLO ity Clerk's Office MY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-022 / PP -06-022 - PAGE 4 of 4 day of CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 18, 2006 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Kevin Harris of Briggs Engineering, Inc., has applied for Annexation and Zoning (AZ) to R-4 (Medium Low -Density Residential) for 10.16 acres of property currently zoned RUT in Ada County. The site is located on the north side of Daphne Street, approximately 600 feet north of McMillan Road, east of Black Cat Road. Currently, there are two single-family homes and associated outbuildings on this site. Both of the existing homes will be moved/removed. The site is composed of two tax parcels commonly known as Lots 6 and 7, Block 2, Black Cat Estates Subdivision #2. The subject property is within the Urban Service Planning 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 recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Prato Villas Subdivision (AZ -06-022 and PP -06-022) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard the item on June 1 2006. At the public hearing they moved to recommend approval. On July 18th 2006, the Meridian City Council voted to approve the subject applications. a. Summary of Commission Public Hearing: i. In favor: Kevin Hams, Briggs Engineering ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Caleb Hood v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Amending Block 3 to have 6 lots and an open space area in the middle; ii. Other development in this area; and, iii. Timing of sewer availability to this site. c. Key Commission Changes to Staff Recommendation: i. Recommended approval of a revised preliminary plat that shows 6 buildable lots (2 less than originally proposed) in Block 3, and a common open space area with Prato Villas Subdivision AZ-06.022/PP-06-022 PAGE I STAFF REPORT Hearing Date: 7/18/2006 TO: Mayor & City Council FROM: C. Caleb Hood 0 M Ldi%1jQ�j Current Planning Manager Meridian Planning Department "c �''"` 208-884-5533 -r�••�� v"�' } SUBJECT: Prato Villas Subdivision AZ -06-022 Annexation and Zoning of 10.16 acres from RUT (Ada County) to R4 (Medium Low -Density Residential). PP -06-022 Preliminary Plat approval of 30 single-family residential building lots and 4 common lots on 9.97 acres in a proposed R-4 zone, by Briggs Engineering, Inc. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Kevin Harris of Briggs Engineering, Inc., has applied for Annexation and Zoning (AZ) to R-4 (Medium Low -Density Residential) for 10.16 acres of property currently zoned RUT in Ada County. The site is located on the north side of Daphne Street, approximately 600 feet north of McMillan Road, east of Black Cat Road. Currently, there are two single-family homes and associated outbuildings on this site. Both of the existing homes will be moved/removed. The site is composed of two tax parcels commonly known as Lots 6 and 7, Block 2, Black Cat Estates Subdivision #2. The subject property is within the Urban Service Planning 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 recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Prato Villas Subdivision (AZ -06-022 and PP -06-022) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard the item on June 1 2006. At the public hearing they moved to recommend approval. On July 18th 2006, the Meridian City Council voted to approve the subject applications. a. Summary of Commission Public Hearing: i. In favor: Kevin Hams, Briggs Engineering ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Caleb Hood v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Amending Block 3 to have 6 lots and an open space area in the middle; ii. Other development in this area; and, iii. Timing of sewer availability to this site. c. Key Commission Changes to Staff Recommendation: i. Recommended approval of a revised preliminary plat that shows 6 buildable lots (2 less than originally proposed) in Block 3, and a common open space area with Prato Villas Subdivision AZ-06.022/PP-06-022 PAGE I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 18, 2006 an irrigation easement in it. the hearing. On June 8. 2006 the ap 'cant complied with the Commission's requirement for copies of the revised plat The revised plat dated June 2 2006 has been included within the subiect Staff Report in Exhibit A d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 06 -022 and PP -06-022 as presented in staff report for the hearing date of July 18, 2006 with the following modifications: (Add any proposed modifications.) Recommend Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ - 06 -022 and PP -06-022 as presented during the hearing on July 18; 2006 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 -06-022 and PP -06-022 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: 4052 and 4202 W. Daphne Street; north of McMillan Road and east of Black Cat Road in Section 27, Township 4 North, Range 1 West b. Owners: Chad Colbent, Gerald Saxton, Kent Pintus 3325 W. Jacobastor Way S. Jordan, UT 84088 c. Applicant: Kevin Harris, Briggs Engineering, Inc. 1800 W. Overland Road Boise, ID 83705 d. Representative: Kevin Harris, Briggs Engineering e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 10 acres to R-4 and Preliminary Plat approval of 32 single-family buildable lots and 3 common lots. All of the homes within the development are proposed to be single-family detached. The average lot size in the proposed development is 9,954 square feet. The gross density of the project is 3.2 dwelling units per acre. Prato Villas Subdivision AZ-06-022/PP-06.022 PAGE 2 CITY OF MERIDIAN PLANNI DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 18, 2006 Approximately six percent of the site is being set aside for open space. 1. Date of preliminary plat (attached in Exhibit A): 3/14/06 revised 06-02-0 2. Date of landscape plan (attached in Exhibit A): 3/l/06 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 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 City Council on this matter. c. Newspaper notifications published on: May 15d' and 29'", 2006 (for Planning & Zoning Commission hearing), and June 26'b and July 10", 2006 (for City Council hearing) d. Radius notices mailed to properties within 300 feet on: May 5'", 2006 (for Planning & Zoning Commission hearing) and June 23d, 2006 (for City Council hearing) e. Applicant posted notice on site by: May 22ed 2006 (for Planning & Zoning Commission hearing), and July 8s', 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): There are two single-family homes and some associated outbuildings on this site. The existing homes are to be moved/removed. b. Description of Character of Surrounding Area: This area contains a mix of five -acre parcels in Ada County, and developing subdivisions in the City. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Approved single-family lots within Volterra Subdivision, zoned R-4 2. East: Approved single-family lots within Volterra Subdivision, zoned R-4 3. South: Single-family homes on large parcels, zoned RUT (Ada County) 4. West: Single-family homes on large parcels, zoned RUT (Ada County) d. History of Previous Actions: None. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This property is currently not sewerable. It would ultimately sewer to the North Black Cat Trunk. Location of water. This property does not currently have water service. It would ultimately receive water service from Volterra Subdivision to the east of off-site mains installed to the south. Issues or concerns: This property is not currently serviceable by City of Meridian sewer or water. The large gravity irrigation easement noted on the preliminary plat may render a Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY l8, 2006 large portion of some lots useless. 2. Canals/Ditches Irrigation: There are a few irrigation ditches and drains that traverse through this site. All open irrigation ditches, laterals and canals, should be tiled when this property develops. 3. Hazards: No hazards have been identified on this site. 4. Proposed Zoning: R4 (Medium Low -Density Residential) 5. Size of Property: 10.16 acres f. Subdivision Plat Information: 1. Residential Lots: 32 (originally proposed. 30 ap rp oved) 2. Non-residential Lots: 0 3. Total Building Lots: 32 4. Common Lots: 3 (original.y12roposed. 4 approved) 5. Other Lots: 0 6. Total Lots: 35 (oidg,(nally proposed. 34 approved) 7. Gross Density: 32 units per acre (net density is 4.0 d.u./acre) 8. Minimum House Size: 1,700 square feet g. Landscaping 1. Width of street buffer(s): N/A 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 0.64 acres/6.42% [originally UMposed. added 12.273 square feet with revised plat) 4. Other landscaping standards: Parkway areas are to be 8 -feet wide and contain Class II trees to be counted as common open space (UDC 11 -3A -17E). h. Amenities: Parkways with detached sidewalks. i. 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. j. Proposed and Required Residential Standards: Setbacks (in feet) ProposedRequired Front Living Area (to sidewalk) 15 15 Side Accessed Garage (to sidewalk) 15 15 Front Accessed Garage (to sidewalk) 20 20 Side 5 5 Rear 15 15 Frontage 60 60 Lot Size 8,400 8,000 Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY IB, 2006 k. Proposed and Required Non -Residential: N/A 1. Summary of Proposed Streets and/or Access: The applicant is proposing to construct a public street, Prato Avenue, to intersect Daphne Street. The applicant is proposing to extend a public stub street from Volterra Subdivision, Wapoot Avenue, from the east. The applicant is also proposing to provide a public street stub to the 5 -acre lot to the west. All of the internal streets are local streets with 36 -feet wide street sections (measured back of concrete ribbon curb to back of concrete ribbon curb) and contain 4 -foot wide detached sidewalks within 60 - feet of right-of-way. Staff is generally supportive of the proposed street system. ACl D has submitted comments and conditions back to the City for this project. ACHD's conditions are included in Exhibit B. 7. COMMENTS MEETING On May 12, 2006, 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, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain up to three dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 32 single- family lots on 10 acres for a gross density of 3.2 dwelling units/acre. The proposed density is above the anticipated density for this area. Staff is recommending that the applicant remove at least two of the proposed lots so the demU of this development complies with the Comprehensive Plan. 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): Chapter VII, Goal M, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriffs 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 (ACID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. Prato Villas Subdivision AZ-06-022/PP•06-022 PAGE 5 CJTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 18, 2006 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 VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walldng in all land -use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. 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 preliminaryplat proposes to extend the one stub street currently provided to this property from the east. In addition, one stub street is being proposed to the western parcel that is currently zoned in Ada County RUT, which staff anticipates will re -develop in the near future. Staff believes that the applicant has done a nice job of connecting and extending the existing stub street as well as providingfor future connectivity to the east and west. Chapter VI, Goal 11, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. 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. The applicant is proposing to construct a six-foot tall closed fence around the boundary of this development. Prior to house construction, fencing should be constructed around the perimeter of this site. See Analysis below and Exhibit B for more information. 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. The applicant is proposing to construct four foot wide sidewalks adjacent to all of the proposed streets, which connect to adjacent properties. Staff is supportive of the proposed pedestrian connections. Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 6 a 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 1 S, 2006 See above. 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 the existing single-family residential properties to the north, south, east and west, are compatible with the proposed development. Chapter VII, Goal 1, 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. Staff recognizes that there are some existing low density residential land uses to the west and south. The applicant is proposing to construct a six foot tall privacy fence around this development to screen this subdivision from the larger parcels. Further, most of the larger lots in the subdivision are on the perimeter of the development, providing a transition from the large countyparcels to the internal smaller lots. Stafffinds that the proposed fencing should provide enough screening between the proposed urban development and the rural residences surrounding it. Staff recommends that the Commission and Council rely on any written or verbal testimony provided from neighbors when determining if additional screening or more transition in density is appropriate. Staff believes that if at least two buildable lots are removed (providing a gross density of 3.0 dwellings/acre), the density and zoning for this property would be appropriate. 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 zoning district. b. Purpose Statement of Zone: R-4 Medium Low -Density Residential: 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. c. General Standards: All of the proposed lots comply with the standard street frontage and lot size requirements of the R-4 zone established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 18, 2006 1. AZ Application: Based on the policies and goals contained in the Comprehensive Plan,'staff believes that the requested R-4 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (stamped on March 22, 2006 by Wayne K. Barber, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Development Agreement: UDC 11 -5B -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 Dlan designation and does not negatively_ impact_ nearby properties. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The golicant shall contact the City Attorpy-Bill Nary. at 888-4433 to initiate this process. The DA shall incorporate the following: • That 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. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • That the following shall be the only allowed uses on this property: single-family detached homes and allowed accessory uses of the R-4 zone. • That a maximum of 30 single-family building lots will be platted on this property. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 2. PP Application: The proposed preliminary plat substantially complies with the Unified Development Code. Special Considerations: Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 8 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF RJLY 18, 2006 DensityQpgn Space: As noted previously in this report, this area is designated for low density residential uses. Low density residential is defined as up to three dwelling units per acre. The submitted plat has a gross density of 3.2 dwelling units per acre. There are existing rural lots to the west and south of this site. Therefore, staff is recommending that at least two lots: Lots 4 and 5, Block 3 be removed. This will place the density of the development at 3.0 dwelling units per acre, consistent with the Comprehensive Plan. UDC 11 -3G -3A1 requires at least 5% of the total land area to be set aside for common open space in single-family developments. Parkways and street buffers as designed by the applicant do count towards the open space requirement. However, because two lots should be removed from this development, staff recommends that that area be set aside for a park area. Because they are centrally located, staff recommends that a majority of Lots 4 and 5, Block 3, be used for a common park area for the homeowners' within this development. Landscaping:, The landscape plan prepared by Jensen Belts, Associates, on 3-1-06, is approved with the following modifications/notes: • Per UDC 11 -3G -3A, set aside at least 6% (0.6 acres) of the site for useable open space, as proposed. • Incorporate portions of Lots 4 and 5, Block 3, into a common park area. Per UDC 11 -3G -3E1, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod. • 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. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Stub Streets: The applicant should be required to extend the public stub street from the east, Wapoot Street and provide a public stub street to the Knudsen property to the west (Parcel #80982010100) as proposed. Existing_ Residences/Buildims: The site currently contains multiple buildings. All existing buildings shall be located/re-located in accordance with the building setbacks of the R-4 zone, prior to signature of the final plat by the City Engineer. Fencing: The applicant is proposing to construct 6 -foot solid fencing along the entire perimeter of the site. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro -path /multi -use fencing shall be designed according to UDC 11-3A-7. Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 1$, 2006 Common Areas: Maintenance of all common areas shall be the responsibility of the Prato Villas Home Owners' Association. Ditches, Laterals, and Canals, Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required If a single -point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A- 15 and MCC 9-1-28. b. Staff Recommendation: Staff recommends approval of the subiect annlications AZ -06- 022 and PP -06-022, with the conditions listed in Exhibit B of the Staff Report for the hearing date of June 1. 2006. On June 1, 2006 the Meridian Planning & Zoning Commission voted to recommend approval of the subject applications with the conditions listed in Exhibit B below. OS July 1$- 2006 the Meridian City Council voted to approve the subject auoHcations. 11. E1iMTTS A. Drawings 1. Preliminary Plat (dated: 3-14-06) Revised 06-02-06 2. Landscape Plan (dated: 3-1-06) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Settlers' hrigation District C. Legal Description D. Required Findings from Unified Development Code Pram Villas Subdivision AZ-06-022/PP-06-022 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 18, 2006 A. Drawings 1. Preliminary Plat (dated: 3-14-06) Revised 06-02-06 1 t !1� 1 1111iir1tl:�..!l�rl,e I �{l:itlililrllll11111W11111111lllilll 1 ! •1 � r: II �II��,II„III. II A i `•�..�-'' � r "3• �. "=- 'gid `'• d n ga Q'C I A jri.�.1 09-M Q• i�ACY�ti t 6 a z U- u Exhibit A — Page 1 I 0 •, CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINGDATE OF JULY 18, 2006 Landscape Plan (dated 3-1-06) Exhibit A — Page 2 'Hill ttt�'r �� ?}113s 3s�3as p�„s»ssstrs� ell P - : u 5 A gk 9� 3 s I 0 Jills ©i Z.0 0 � y _ .a J Q It, .w CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19 20 , 06 B. Conditions of Approval 1. Planning Department ANNEXATION PROVISIONS Reort for the ho mg_date of July 18 2006 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP -06-022) 1.1.1 The preliminary plat labeled as Sheet 1 of 1, prepared by Briggs Engineering, Inc., dated June 2. 2006 is approved, with the conditions listed herein. The revised preliminary pat shows two less reJnaining. enlarged 6 buildable lots All comments and conditions of the accompanying. Annexation and Zoning (AZ -06-022) application shall also be considered conditions of the Preliminary Plat (PP -06-022) 1.1.2 The landscape plan prepared by Jensen Belts, Associates, on 3-1-06, is approved with the following modifications/notes: • Per UDC 11 -3G -3A, set aside at least 6% (0.6 acres) of the site for useable open space, as proposed. • Incorporate portions .of Lots 4 and 5, Block 3, into a common park area. Per UDC 11 -3G -3E1, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod. • 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. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.1.3 Remove at least two lots from the plat to allow a maximum of 30 dwelling units on the subject property. This will place the density of the development at 3.0 dwelling units per acre, consistent with the Comprehensive Plan. Portions of Lots 4 and S, Block 3, shall be incorporated into a common park lot for the homeowners. 1. 1.4 Extend the public stub street from the east, Wapoot Street and provide a public stub street to the Knudsen property to the west (Parcel #R0982010100) as proposed. Exhibit B - Page 1 CITY OF MERIDIAN PLANNINO DEPARTMENT STAFF REPORT FOR THE HEARING,, DATE OF JANUARY 19, 2006 1.1.5 Vacate or improve the Joy Street cul-de-sac right -of --way. If the cul-de-sac is not vacated, prohibit the lots within the subdivision from being double -fronted. All access to the homes within Prato Villas Subdivision shall be from internal streets and not Joy Street or Daphne Street. 1.1..6 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. 1.1.7 Provide a 6 -foot tall solid fence around the perimeter of the development, as proposed. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro -path fencing shall be designed according to UDC 11-3A-7. 1.1.8 Maintenance of all common areas shall be the responsibility of the Prato Villas Home Owners' Association. 1.1.9 Per UDC 11-3A-6 all irrigation ditches, laterals 'or canals, but exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.10 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT (PP -06-022) 1.2.1 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). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 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- 3A-18 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. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed .such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staffs failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. Exhibit B — Page 2 r CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19, 2006 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains from the yet to be installed North Black Cat Trunk. The Black Cat trunk is not planned to be constructed until approximately 2008, and then this property would have to wait until other development in the area would to bring it to this property. This property is currently not serviceable and the City of Meridian does not guarantee sewer service or water service in the timelines outlined in the UDC. 2.2 Once available the applicant shall install all water and sewer mains necessary to provide service; 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. 2.3 Any potential 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) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.4 The applicant has not indicated Settlers Irrigation District will own and operate the pressure irrigation system in this proposed development. A letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 If a pressurized irrigation pump station is to be constructed on this site it shall be in its own lot. 2.7 Prior to signature on the final plat by the City Engineer the applicant shall submit documentation from Settlers Irrigation District that the 35 -foot irrigation easement shall be allowed to be usable by each individual lot. 2.8 All existing structures spanning lot lines or not meeting the dimensional standards in the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.9 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.10 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.11 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. Exhibit B — Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19, 2006 2.12 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. 2.13 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. 2.14 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. 2.15 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.16 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.19 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.20 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.21 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.22 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25 -feet, height for 250 watt fixtures is 30 -feet. 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 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 32 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. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works specifications. Exhibit B;-- Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19, 2006 d. Fire Hydrants shall be placed on corners when spacing permits. C. 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. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 No parking will be allowed adjacent to Lots 5-8, Block I. Said area shall be signed "No Parking" in accordance with Appendix D Section D103.6 Signs. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 The proposed 324ot subdivision with an estimated 2.9 residents per household would have a total estimated population of 93 residents at build out. 3.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 fed (122 m) from a hydrant on a fire apparatus access read, 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). For Group R-3 and Group U occupancies, the distance requirement shall be 600 fed (183 M). 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 Department 4.1 No comments. 5. Parke Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. 6. Sanitary Service Company 6.1 SSC has no comments related to this application. 7. Ada County Highway District Exhibit B — Pap 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY l9, 2006 Site 512ecific Conditions ofApproval Construct an entry road, North Prato Avenue, intersecting West Daphne Street located approximately 180 -feet west of North Joy Street (measured centerline to centerline). 2. Vacate or improve the knuckle at the intersection of North Joy Street and West Daphne Street. 3. Locate the internal roadways as proposed, receive approval from Development Review staff to utilize the proposed roadside infiltration swale street section and enter into an agreement with ACHD prior to submitting full plans for a subdivision. If the site does not meet the standard criteria, construct the local streets as standard 36 -foot street sections with curb, gutter, and 5 -foot concrete sidewalk within 50 -feet of right-of-way. C Construct a stub street to the west, West Wapoot Street, located approximately 143 -feet south of the northwest property line (measured property line to centerline). A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 5. Construct a stub street to the east, West Wapoot Street, located approximately 143 -feet south of the northeast property line (measured property line to centerline). This stub street shall align with and connect to an approved public roadway within Volterra Subdivision to the east of this site.' 6. Construct a minimum 29 -foot street section at the knuckle on either side of the island at the intersection of West Donata Street and North Agata Avenue. 7. Comply with all Standard Conditions of Approval. Standard ConditionsvfAnproval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Interim Policy. 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. 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 Exhibit B — Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19, 2006 applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 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. 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. 10. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 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 (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terns 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. 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 is the McMullen Sub -Lateral (20' easement), the Scrivner Lateral (20' easement) and the East Drain (20' easement). Contact SID for additional irrigation requirements. 9.2 A Land Use Change Application must be on file prior to any approvals. Exhibit B— Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19, 2006 9.3 A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. 9.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 9.5 All storm drainage must be retained on-site. 9.6 The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre - construction meeting. 9.7 This property receives all of its irrigation water from the Stewart Lateral, and is located within Settlers Irrigation District. Exhibit B — Page 2 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF )ANUARY 19, 2006 C. Legal Description DESCRIPTION FOR ANNEXATION TO CITY OF MERIDIAN PRATO VILLAS SUBDIVISION March 22, 2006' A PARCEL OF LAND BEING A PORTION OF WEST DAPHNE STREET AND ALL OF LOTS 6 AND 7, BLOCK 2, OF BLACK CAT ESTATES NO. 2. AS RECORDED IN BOOK 32 OF PLATS, PAGE 1945 AND 1946, ADA COUNTY RECORDERS OFFICE, LOCATED IN THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 27, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLYDESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SW 1/4 OF SECTION 27, T. 4 N., R. 1 W., B.M., ADA COUNTY, IDAHO, THENCS S 89.35'15• E 2653.96 FEET 1 O THE SOUTHEAST CORNER OF SAIDSW 1/4 (SOUTH 1/4 CORNER), THENCE N 0020`08" E 644.81 FEET ALONG THE EAST LINE OF SAID SW 1/4 TO THE SOUTHEAST CORNER OF 7, BLOCK 2; OF BLACK CAT ESTATES No. 2, AS RECORDED IN RECORDERS OFBflCE, TH32 E RFJ�rL pOtNT�OF BEGINNIN1945 'AND G OFTTH 8 COUNTY SUBDIVISION; THENCE N 89.1840' W 329.57 FEET TO A POINT ON THE NEW NORTHERLY RIGHT OF WAY WEST DAPHNE STREET; THENCE S 87'4138• W 5.82 FEET TO THE CENTERLINE INTERSECTION OF WEST DAPHNE STREET AND NORTH JOY STREET, THENCE N 89'16'45"W 335.40 FEET ALONG THE CENTERLINE OF WEST DAPHNE STREET TO A POINT; FOLLOWING THE BOUNDARIES OF LOTS H AND 7. BLOCK•2, OF SAID BLACK CAT ESTATES NO. 2 AS FOLLOWS: THENCE N 00'2514' E 660.25 FEET TO A POINT ON THE NORTH LINE OF THE S 1/2 OF SAID SW 1/4; THENCE 8 89'17'29• E 689.81 FEET ALONG SAID UNE70 THE NORTHEAST CORNER OF SAID S 1/2 (CS 1/16 CORNER); THENCE S 00'20'1?' W 660.00 FEET TO A POINT TO THE REAL POINT OF BEGINNING OF THI6 SUBDIVISION. SAID PARCEL CONTAINING 10.16 ACRES MORE OR LESS WAYNE K. BARBER, 160108-Rev-Aaamdoc Exhibit C — Page I P.L.S. 8444 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF IAN UARY 19, 2006 300 150 0 300 600 900 SCALE IN FEET t IN= GT ElOATIM Sura !P FOAM- - �' '_ j•- }• • .�..__.... VW ESTATET: `--------- i^.. Ask li ii<m CMAT iATES ins H �' t + I zl INRAM 4-- •,.. i t - _J L M , LAN RU4) LEGEND �Oe����� eoir,eory lJnr 'Vht ov vay Lbw - _------- - r,baaro rani Lkke PRATO VILLAS ESTATES BRIGGS EAGiA��ING. .��, ANNMTION TO CITY OF MERIDIAN B R f G S ' 1 OF t I.OQATEO IN THE SW 1/4 OFpimem —' EXH SECTION 27, T.4N., R.1 W„ S. M. Inv prwm..WA' OM r" r, - 1 1 f t IN= GT ElOATIM Sura !P FOAM- - �' '_ j•- }• • .�..__.... VW ESTATET: `--------- i^.. Ask li ii<m CMAT iATES ins H �' t + I zl INRAM 4-- •,.. i t - _J L M , LAN RU4) LEGEND �Oe����� eoir,eory lJnr 'Vht ov vay Lbw - _------- - r,baaro rani Lkke Exhibit C — Page 2 PRATO VILLAS ESTATES BRIGGS EAGiA��ING. .��, ANNMTION TO CITY OF MERIDIAN B R f G S ' 1 OF t I.OQATEO IN THE SW 1/4 OFpimem —' EXH SECTION 27, T.4N., R.1 W„ S. M. Inv prwm..WA' OM r" r, - " w::: 03/22/W WM6010a t.� �QQ'P, 1tiw a n ae� wvA, uhne�, wq +ot,s. uw old \60: •4mmam d W Av=.n Biqa b, Exhibit C — Page 2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY l9, 2006 1 , I 1 1 I 1 , I 1 1 I N 1 , 1 1 , 1 �IIBO!jl� µT I ! 1 1 f 1 1 rl�j RE APPR A� ^ � 1 1 1 fi1:rtGiAM PUalJG , � Y4 .'•S pEPT� 1 1 cpa ma 8575 'max O*MW L%W Y Exhibit C — Page 3 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19.2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public bearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings; 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-4. Council fords 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. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that future development of this property will comply with the established regulations and purpose statement of the R-4 zone, if the applicant enters into a development agreement with the city. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; 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. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, 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. 5. The annexation is in the best of Interest of the City (IIDC 11 -SB -3.E). The R-4 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity, and transitions well to the existing null lots in the vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. in accordance with the findings listed above, Council fords that Annexation and Zoning of this pro eA I Yt o -4 would be in the best interest of the, if the applicant enters into a Development re Agement (DA) with the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings; Exhibit D — Page 1 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FORYHE HEARING DATE F JANUARY 19.2006 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. If the applicant revises the submitted plat to comply with the conditions listed in Exhibit B of the Staff Report, then the plat will comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. 2. 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 proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) Council finds that there is public financial capability of Providing supporting services to the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. 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. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, 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. Exhibit D — Page 2 • CITY OF MERIDIAN ORDINANCE NO. • BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ -06-022 PRATO VILLAS SUBDIVISION) FOR ANNEXATION OF PROPERTY BEING A PORTION OF WEST DAPHNE STREET AND ALL OF LOTS 6 AND 7, BLOCK 2, OF BLACK CAT ESTATES NO. 2, AS RECORDED IN BOOK 32 OF PLATS, PAGE 1945 AND 1946; ADA COUNTY RECORDERS OFFICE, LOCATED IN THE SOUTH % OF THE SOUTHWEST'/4 OF SECTION 27, TOWNSHIP 4 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 RUT (ADA COUNTY) TO R-4 (MEDIUM - LOW 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 the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Chad Colbent, Gerald Saxton, Kent Pintus. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT (Ada County) to R-4 (Medium -Low Density Residential 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 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 OF AZ -06-022 PRATO VILLAS SUBDIVISION 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. day of PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ATTEST: WILLIAM G. BERG, JR., CITY CLERK 2006. MAYOR TAMMY de WEERD ANNEXATION OF AZ -06-022 PRATO VILLAS SUBDIVISION Page 2 of 3 STATE OF IDAHO, ) : ) ss. County of Ada ) On this day of 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: ANNEXATION OF AZ -06-022 PRATO VILLAS SUBDIVISION Page 3 of 3 R�II��:�►IiI��'� MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT ITEM NO. 5-M REQUEST Release and Termination of Easement for Intermountain Outdoor Subdivision 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 OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 08/01/08 10:10 AM DEPUTY Bonnie Oberbillig Iil'IIIIIIIII'LI'I'�III'LI'lII' I III RECORDED -REQUEST OF 108087855 Meridian City RELEASE AND TERMINATION OF EASEMENT rj _ This Release and Termination of Easement is made this S - day of 2008, by the City of Meridian, an Idaho municipal corporation in connection with certain real property owned by. Carmen, LLC, an Idaho limited liability company. WHEREAS, Carmen, LLC is the owner of that certain real property legally described as Lot 4, Block 1, Intermountain Outdoor Subdivision, according to the official plat thereof, recorded on the 29 day of May, 2008, in Book 101 of Plats at pages 13182 through 13184, as Instrument No. 108062334, records of Ada County, Idaho; and WHEREAS, Carmen, LLC's predecessor in interest, K2 Construction, Inc., an Idaho corporation, granted to the City of Meridian, a 30 foot (30') wide emergency access easement as more particularly described in that certain Easement instrument recorded June 20, 1995, as Instrument No. 95041581, records of Ada County, Idaho; and WHEREAS, the continuance of such easement is no longer necessary or desirable because emergency vehicle access to, among, and through all of the lots in Intermountain Outdoor Subdivision is preserved by cross -access easements more fully described and set forth in that certain Declaration of Covenants, Conditions and Restrictions of Intermountain Outdoor Subdivision, recorded on the _2,2 day of , 2008, as Instrument No. `Q , records of Ada County, Idaho. NOW, THEREFORE, in consideration of the premises, the City of Meridian does hereby release, abandon and terminate the hereinabove described Easement, recorded June 20, 1995, as Instrument No. 95041581. IN WITNESS WHEREOF, the City of Merddian has caused this instrument to be executed by its duly authorized officers this day of , 2008. CITY OF MERIDIAN By Tammy de eerd, Mayor ATTEST: Orr M O By _ $SAL City Cl&k 5�UNT-i RELEASE AND TERMINATION OF EASEMENT, Page 1 wun uuum , ncwnurn o. unwu nnvnnnu emuuni .uuBOISE IHO t • 1108 DEPUTY Bonnie berbllug10 AM 11111111111111111111111111111 I III RECORDED REQUEST OF 108087855 Meridian CIV RELEASE AND TERMINATION OF EASEMENT This Release and Termination of Easement is made this 0a1%jday of 2008, by the City of Meridian, an Idaho municipal corporation in connection with certain real property owned by Carmen, LLC, an Idaho limited liability company. WHEREAS, Carmen, LLC is the owner of that certain real property legally described as Lot 4, Block 1, Intermountain Outdoor Subdivision, according to the official plat thereof, recorded on the 29 day of May, 2008, in Book 101 of Plats at pages 13182 through 13184, as Instrument No. 108062334, records of Ada County, Idaho; and WHEREAS, Carmen, LLC's predecessor in interest, K2 Construction, Inc., an Idaho corporation, granted to the City of Meridian, a 30 foot (30') wide emergency access easement as more particularly described in that certain Easement instrument recorded June 20, 1995, as Instrument No. 95041581, records of Ada County, Idaho; and WHEREAS, the continuance of such easement is no longer necessary or desirable because emergency vehicle access to, among, and through all of the lots in Intermountain Outdoor Subdivision is preserved by cross -access easements more fully described and set forth in that certain Declaration of Covenants, Conditions and Restrictions of Intermountain Outdoor Subdivision, recorded on the _2 day of 2008, as Instrument No. records of Ada County, Idaho. NOW, THEREFORE, in consideration of the premises, the City of Meridian does hereby release, abandon and terminate the hereinabove described Easement, recorded June 20, 1995, as Instrument No. 95041581. IN WITNESS WHEREOF, the City of Meridian has caused this instrument to be executed by its duly authorized officers this day of _ 2008. CITY OF MERIDIAN By Tammy de d, Mayor ATTEST: %%W11111111110"11, ,� i By - SEAL City CIA �C� RELEASE AND TERMINATION OF EASEMENT, Page 1 i 0 STATE OF IDAHO ) ss. County of Ada ) On this �Lday of 2008, before me, the undersigned Notary Public in and for said State, rPtrsonally appeared Tammy de Weerd and own or identified to me, to be the Mayor and City Clerk of the City of Meridian, a municipal corporation, that executed the within instrument or the persons who executed the instrument on behalf of said municipal corporation, and acknowledged to me that such City of Meridian 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. 00068000 ' 4otar�yPublic for Idaho '�;�►'�Bi X►- Residing at 110 My commission expires j 4 RELEASE AND TERMINATION OF EASEMENT, Page 2 •. • July 18, 2008 MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT ITEM NO. 5-N REQUEST Direct Placement Agreement with SOS Staffing Services for New City Engineer / Deputy Public Works Director 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 OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Tara Green From: Bill Nary Sent: Friday, July 18, 2008 9:47 AM To: Jaycee Holman; Tara Green Cc: Ted Baird; Keith Watts Subject: FW: City Engineer Hiring Contract Follow Up Flag: Follow up Flag Status: Green Attachments: SOS Contract p1.pdf; SOS Contract p2.pdf For consent on Tuesday. Bill Nwy City Attorney/HR Director 703 Main St. Meridian, ID 83642 Ph.#'s Legal - 208.898.5506 HR - 208.898.5503 Fax - 208.884.8723 Cell - 208.440.3881 From: Becky Licari Sent: Monday, June 16, 2008 11:14 AM To: Bill Nary Subject: City Engineer Hiring Contract 20 Page 1 of 1 Good Morning! Tom asked that I send over the contract from the staffing agency that we are considering using in our search for a new City Engineer/Deputy Public Works Director. He has already supplied us with some great resumes for potential candidates and we would like to move forward with the interviews. Tom was hoping that either you or your staff could review the contract prior to us entering into business with them. In reviewing it, he wanted to make sure that a few things were specified aside from obtaining your approval. First, if we hire one of their candidates, we are only liable for 9% of the first year's annual salary. This fee normally is anywhere between 25%-50% but Tom was able to negotiate this down with them. Second, we are still able to recruit and hire outside of the staffing agency even if we do not select one their candidates. And thirdly, the contract includes a 60 -day placement guarantee as opposed to the standard 30 -day guarantee, which we also negotiated. We would like to move forward with these interviews as soon as we can, so your prompt attention is greatly appreciated. Becky Licari, Public Works Department City of Meridian licarib@meridiancitv.oro Tel. 208.898.5500 ext. 214 7/18/2008 8 $OS ITechnieal'm Thank you for choosing.to do business with SOS Technical, a division of SOS Staffing Services, Inc. This Direct Placement Agrgement ("Agreement") sets forth the terms and conditions of our delivery of services to you. "You" and "your" will refer to 440Ui9A `" 4 IAL Worl s [insert customer name] and SOS Technical will be referred to as "we; "our" or "us" throughout this Agreement. Candidate Search: Upon request, we agree to conduct a candidate search for you. To allow us to provide you with the most capable candidates, you agree to provide us with position requirements, salary guidelines and other information we might need in our search. Using this information, we will recruit and screen potential candidates to ensure that any individual we refer to you will be qualified for the position. Search Fee and Payment Terms: In exchange for our services, you agree to pay us a fee if you hire any candidate referred by us within twelve (12) months from the time we present the candidate to you. Our fee is earned if the candidate is hired or engaged by you under any title or position (whether as an employee, consultant, or independent contractor), or by another employer to whom you refer the candidate. Our fee is I percent ( q %) of the candidate's first year compensation (including wages, salary, draws, bonuses and incentives - the compensation figure will be determined at the time the candidate is placed and shall not increase. or decrease thereafter for purposes of the placement fee). Our fee is due and payable in full within fourteen (14) days of the candidate's starting date of employment. If full payment of the fee has not been received within fourteen (14) days from the start date, the amount will beconsidered delinquent. With respect to delinquent accounts, (1) the unpaid balance will be subject to interest at a rate of 1.5% per month (18% Annual Percentage Rate), (2) any negotiated discounts will be null and void, and (3) the guarantee set forth herein will be null and void. You also agree to pay our collection costs, including reasonable attorney's fees, if collection of our fee is necessary by suit or other collection means. Dated this day of —,200—. '[customer name) By: Name-.- Title: ame:Title: M�0 Performance Guarantee: We will provide a 39 -day unconditional replacement guarantee of our fee in the event our candidate resigns or is terminated by you for any reason other than layoff. This guarantee applies only if the full fee is paid according to the terms of this Agreement and we are notified within .ten (10) days of the candidate's resignation or termination. This guarantee is applicable only toward the fee for a replacement candidate. Confidentiality: Information about our candidates is confidential. Therefore, you agree not to disclose any information received on our candidates to any person or entity outside of your company. Hiring Responsibility: You understand and agree that you are solely responsible to satisfy, yourself as to the candidate's expertise, qualifications, credentials, background, resume, references, character, integrity and suitability to provide the specific services you require. We are not responsible for and do not accept any liability that may arise from or might be caused by the acts or omissions of any candidate hired by you. You agree to defend, indemnify and hold us, including our directors, officers, employees and agents, harmless from any such acts. Entire Agreement: This Agreement constitutes the entire agreement between us pertaining to the subject matters herein and cannot be amended or modified except in writing and signed by both parties. Governing law: This Agreement shall be construed and interpreted in accordance with the laws of the state of Utah without respect to conflict of laws principles. Jurisdiction and venue for any action brought pursuant to or in connection with this Agreement shall lie in the state or federal courts of Sa_It Lake County, Utah. Dated this day of 200 SUS Technical, a division of SOS Staffing Services, Inc. By: Name: Title: FRM5300 11/07 CUSTOMER INFORMATION Meridian 'City Public Works EFFECTIVE DATES June 13, 2008 Effective from to June 13, 2008 RATE .SHEET We look forward to providing you with quality, temporary associates. It is our goal to ensure your job assignments are completed correctly and on time. Our success depends on the quality of skills, abilities and productivity of the temporary associates we provide your company. Below are the service categories, descriptions and bill rate ranges specific to your requirements. Rates for additional services are available on request. Our hourly rates include all costs for recruiting, screening, payroll, payroll taxes (including contributions for social security, unemployment and workers' compensation) and all tax filing and record keeping. We have a four-hour per day minimum work schedule for all associates. DESCRIPTION RATE Direct Hire One-time Reduced Rate 9% of total first year salary Guarantee Period 60 Days Drug Test Fee (optional) $25 Background Check Fee (optional) $25 Client representative authorization/date SOS Staffing Services representative authorization/date "We reserve the right to increase rates in response to situations beyond our control including, but not limited to, increases in minimum wage, payroll taxes, workers' compensation, unemployment insurance and mandated government rules and regulations. We are driven for 100% customer satisfaction. We guarantee the -quality of our temporary associates. If you are ever sent someone who cannot meet the minimum qualifications for their assignment, we commit to not bill you for the time worked if we are notified within an 8 -hour period. We commit to give you an opportunity to non -discriminatorily rate each of the temporary associates who are sent to you on assignment. This information is carefully recorded in each associate's file to guarantee you receive the best employee for your assignment.. FI��I �j SOSJ'Staffing'' July 18, 2008 MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT ITEM NO. 5-0 REQUEST Letter to COMPASS regarding draft 2009-2013 Transportation Improvement Program 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 Letter • Tara Green From: Matthew Ellsworth Sent: Friday, July 18, 2008 3:19 PM To: Tara Green Cc: Jaycee Holman Subject: Mayor Letter - Consent Agenda Attachments: CommentsLetter.doc • Page 1 of 1 Tara, At last Tuesday's meeting, Council directed me to draft the attached letter for the Mayor's signature, and to get it on next week's consent agenda (7/22). Is it too late to add it in? Thanks, Matt Ellsworth Associate City Planner Meridian Planning Department 660 E. Watertower, Suite 202 Meridian, ID 83642 208.884.5533 7/18/2008 July 22, 2008 Commissioner John Franden Chairman, COMPASS Board 800 S. Industry Way; Ste. 100 Meridian, ID 83642 RE: Draft 2009 — 2013 Transportation Improvement Program Dear Chairman Franden, The City of Meridian appreciates the opportunity to comment on the draft 2009 — 2013 Transportation Improvement Program (TIP). Compiling the list of projects is an enormous undertaking, and the City commends COMPASS and ITD staff on the work that went into preparing the draft. The City submits the following comments for consideration in finalizing the Transportation Improvement Program: 1. Eagle Road, Interstate -84 to River Valley Street — Key #: New FY 2008 — 2012 TIP identified this project for construction in 2008 with no financial implications for the broader program (proposed STARs financing). Project was delayed until 2009. Please reinsert this project into the Plan and update the construction date accordingly. 2. Eagle Road, Victory Road to Ridenbaugh Canal — Key #: RD203-07 Project will be constructed with local funds. Funding constraints resulted in the delay of this project from construction in 2008 (as proposed in FY 2008 — 2012 TIP) to 2010/2011. Please reinsert this project into the Plan and update the construction date accordingly. 3. Meridian Road Interchange — Key #: H351 The existing interchange structure poses a pedestrian safety hazard, as many children cross the bridge, which has no sidewalks or bike lanes, to access Roaring Springs Water Park, Boondocks Fun Center, and Mountain View High School. If there is an opportunity to remedy this unsafe situation when resurfacing occurs, the City strongly supports it. Page 1 of 2 Further, while it is unfortunate that the full rebuild of the Meridian Interchange was removed from the list of projects eligible for GARVEE funding, the City of Meridian understands the financial realities facing transportation agencies and service providers. The City of Meridian is eager to continue working with COMPASS, ITD, ACRD, and VRT to expand revenues for transportation in the Treasure Valley so that the reconstruction of this interchange and other, much needed improvements can move forward. Again, the City of Meridian greatly appreciates the opportunity to comment on this year's Transportation Improvement Program. Thank you. Sincerely, Tammy de Weerd Mayor cc. City Council Toni Tisdale Page 2 of 2 i July 18, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT City Council ITEM NO. 6-A-1 REQUEST Budget Amendment for Pine Street School for $54,300.00 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: COMMENTS See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. r .0 N CO C L l0 !' oY O - c O L E (n 'U c 3 V T tU d c � a. a? d � r U X C N c > c o m E -o N `0 m N c N N FL- 3 W J Z H J ¢ H wUOJ 0Dv� Z m w X Z 2 0 a 0 c o 0 0 O E / a C f» ML w C X t0 O m a CL x o O LLL (0I C a C C 0m C 3 E c .. CL N ° ° T ca w N U) 0 N 0Z _U, cn 0 v�Y3O m 33oDLia3wW m >•�V CLm W° EU W y O E 0 V N 1q IA um, •O O ° O mNl7 O Ne7000Ow O N N N N QUcvevvovea� O N 0 4) 0 IL O �. N / C W X t0 O l0 � D LU3 0 O rn c C a » at > o m tT :ES K C O S T ca w N 0 ` o C'! a U U d d cl CLm W E en w F N 0 � U 2 c 0 FQ x w LU cr W 0 c R O W J 0 O a c m N Mo `\\��tt1lU a IIIL�. / lllttt t. W t0 O l0 � D 0 O rn c C a » at o m tT :ES K C O S T ca N J _ _ U U o o' o a U U d d ¢ a a ♦ w. w i W oa ¢LL Z 2(t J 53 ¢ Z U Zw O Z F - FL F- wIr 0 Ua. LL w 0 of O LZ wo z LU �Q LU Of W Lu 0 mo F- D m J } az Z 00 02 O y W U Z w 2 N U July 18, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT Mayor's Office ITEM NO. 6-B-1 REQUEST Budget Amendment for State of the City. Spending Authority for $1,346 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. 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F- OO C F O W V O 3 0 0 v F - 'c Q Z -Q' V 0 �. N m m U C U O o o `.l= > c U n a U O C m m Y So o m o 0 o Q) N C J -o U N m c 0:o U- m Z c - o o E 3 g c m a� m m E d U c E o a N E Q c a� 0 Q o w m v U O N N > p o H y O C d 3 n C . a) d Em `omacu r T O U m c m c ani y m o p E U 3 c E a m m mc c E LL rn E cc � Y C a) U U �t0 tM w - V . V d w iF. N OWi O N- W O O o to U Q: 0. F- OO F N m m U C U O o o `.l= > c U n a U O C m m Y So o m o 0 o Q) N C J -o U N m c 0:o U- m Z c - o o E 3 g c m a� m m E d U c E o a N E Q c a� 0 Q o w m v U O N N > p o H y O C d 3 n C . a) d Em `omacu r T O U m c m c ani y m o p E U 3 c E a m m mc c E LL rn E cc � Y C a) U U July 18, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT Mayor's Office ITEM NO. 6-B-2 REQUEST Budget Amendment for Interim Parks Director for $29,229 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. 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Q C N v v a v N..N v v N v N et J Q a) COL. 0 +l c m E c a) E AnL lCL 1 a Q U U C U O O O IC— ] C E C U O C 2 n n N U m m Y — a) Ur'o U O C', m V aa)i c m dW o• lL a) w c ow'o a) 3 a) O r Y m aci a E n U c E o N C a) 'V U o Q ¢ o v a U - E a c m p > h wx o O= C n c n .3 y n E n :s -T m C a O U m c m c 0) N a) U 3 < c co m Q a' c c LL- E LE 1° a Yc a) N � U CJ M N` N W a •O E •a+ Z W` m �. > 0 •U d � z w. N O = Q, Q Q O V Z, U C U O O O IC— ] C E C U O C 2 n n N U m m Y — a) Ur'o U O C', m V aa)i c m dW o• lL a) w c ow'o a) 3 a) O r Y m aci a E n U c E o N C a) 'V U o Q ¢ o v a U - E a c m p > h wx o O= C n c n .3 y n E n :s -T m C a O U m c m c 0) N a) U 3 < c co m Q a' c c LL- E LE 1° a Yc a) N � U CJ W Meridian Commission CALL TO ARTISTS Art in Public Spaces - Meridian City Hall The mission of Art in Public Spaces is to make visual art part of the regular experience for those who visit Meridian's City Hall; to encourage dialogue about creativity in our community among the elected officials, community leadership, staff and visitors to the city's government center; and to provide inspiration for new ways of experiencing the arts. The artwork composing Art in Public Spaces will be located in the public corridors in the new city hall located on the corner of Broadway and Meridian Road in downtown Meridian. The Art in Public Spaces project will begin with three (3) to five (5) two-dimensional works for installation in the fall of 2008. Eligibility: Any artist 18 years or older living or working in the Treasure Valley. All entries must have been conceived and created by the artist submitting the work. All entries must be two-dimensional works, and must be a minimum size of twenty-four by thirty-six inches (24" x 36"). Project Budget: The City has budgeted $1,500.00 per art piece for this project. This amount includes the commission for the artists, materials, framing and installation of the artwork. To apply for Art in Public Spaces: Please send a cover letter addressing the content of the work and its relationship to Meridian; photo(s) of unframed work's); a photograph of each work submitted per the specifications below; a description of the dimensions and date of each work; an artist or exhibition statement; and a r6sume. Photographs of Work: Up to five (5) different artworks may be submitted for consideration. Please remember that the quality of your photos may influence the selection committee's decisions. Digital images are preferred. Photographs submitted must meet the following specifications: • Digital Images: Digital images must be submitted as 300 -dpi, 10 -inch maximum, Jpg files on a PC -compatible CD. If submitting more than one image in digital format, please submit one digital image of each work. Each file must be clearly labeled with title and entry number, in other words, save each image using the work's title and entry number (for example: #1 Blue Sky, #2 Untitled, etc.). Please do not attempt to send digital images through e-mail. • Slides: Please submit one slide of each work. Each slide must be clearly labeled with title and entry number (for example: #1 Blue Sky, #2 Untitled, etc.). Deadline: Submissions must be received no later than August 29, 2008 at 4:30 p.m. at the address below. Please write "Meridian Arts Commission on your entry envelope. No late submissions will be accepted. Materials will be returned if a SASE is enclosed. No pick-up at the Arts Commission is available. Please send all application materials to: Meridian Arts Commission Ref: Art in Public Spaces 33 East Idaho Street Meridian, ID 83642 Acceptance: If your submission is selected you will be notified by mail and provided with an acceptance agreement and additional information, including a timeline for delivery, payment, etc. For additional information please contact Emily Kane at 898-5506 or by e-mail at kanee@meridiancity.org. July 18, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT Police Department ITEM NO. 6-C-1 REQUEST Budget Amendment for Animal Shelter Kennel & Fencing Improvements for $4,626.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: See attached CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: P 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 properly of the City of Meridian. C') C') U) N CD C � n su CD CD M CD m �. C o• CD m CD � m 0 0 n m = - m CD .�... o _ o O X(n < Q) C7MCL nCCD) m 3 C7 Q. CD N ,:Z m 3 (3=D d tv CD o CD CD 0 0 i m �. CD CD T m= iD n v o m n --1 0 a o C-) 0 0 CD 0. 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(D N <D to CD C CD n (D (D CD 7 C�' N Q 7 S=rCL N (D cr(D O CD (D O �• O 7 O' .O•. 7 Cn j c (C7D Q' C O CD CD(D `< CD CD > > CD C Q (D C70 CD N o O d N �" ° n c iv eo 3 Cl CD m m -1 0 W o CD C ci ° m. -1 c 3 ;a my �z z • July 1.8, 2008 • Department Reports MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT Police Department ITEM NO. 6-C-1 REQUEST Budget Amendment for Animal Shelter Kennel & Fencing Improvements for $4,626.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. C CD J N O FD \�11p�1 11IIU1� tD N i W � _ r do leg 'rr►rrrrr i �! woo 1° O O C C=D c ai D) N jO CL c s � 0 m n � 0 0 0 N C N NCD m O S C O N. a C2. o ID E; -n CD m n� 0 {/1 �am0 = y C M °, iD D M 9M �rnv Z D Z 7 n C a M S fD e C CL • July 18, 2008 • Department Reports MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT Planning Department ITEM NO. 6-D-1 REQUEST Budget Amendment for Dues, Licenses & Publications for $2,500.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached 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 Merldlon. �n e� �� �m �� o� 3 m SOOZL£1L ££bb'888'80Z W%pueIpP8,WQWj0AeI uelplaw jo AM MeuV ga6Pne 0I0AeI PP01 'J8410M aoiu ata AOfu3 v ua ata gnoge AuoS 'uoneuuojul ia43o Aue paeu noA 11 Motq aw W1 LFSSb $ OWMISM V" Sam" Lb'OZ 9Z 00'000'S S "M419d DlWGvW3 PAPA IoB £8'000 S swdwoO s&zes'e s Wnp OPMPMn.oro 'AIgissod uol4sm a se gee pinoo aiay; sieliop:aBpnq eM a ata pue jeaA lezij ata ul:Uai jagaenb auo aAe4 Aluo am ueAl6 le aq pino4s A941 %SZ ata anoge sl tp14M Bululewai %0q -& :W watp set Oi6i ao1 ga6Pnq guauro a41 •Lj►,SSb'Z$ Aq guadsjaAO aq IIIM magi aull sl4g'suopelmleo Aw uo paseg Ilam se wagl aull Sita ul aw4s 000'Z$ ja4aoue PPe ueo am '6une3s sl euuy 4e4M uo pme 'wlli s -4001 :u asn slmugJedap 6uluueidp app joll Aauow aim Aue apnpul you pip osle aM 'Lb'SSi►$ jo aamaalP a 6ulleao snta m'SZ$ to 3aBPnq a pages» am pue Lb'OZ£19Z$ uaaq eAe4 Pince gaBpnq sane le g a4.L 'emeww sso a wMO PIP Om:MLP Punn1 PUe TOT09 Ja1 VOPnq ata PamalAw ane4 I 'AmnS o11aH suomignd Pue sasuaon 'sang :3a qnrqn8 we4Buluun:) aft :r3 uuewumplDl &'M:0.1 WV LS:OT 800Z'£0 Nnt: 'Aepsin4jL W" alonel PPol :wojd ue1Pjj%V 10 A110 JeNUO /eloueul-41e/4O ddO uueWua alN AOeu ZpueMaaM 5141 BuiplJ OM113 •sW040 104 ldeoxe uieBe eppgno oB lip I )hilt; j,uop 1 •sle)pnq looms pue we s14; Apse epos I pue eA8lsues tieA Buiiealt eis �te4j, 'la4uoo iia '3®Bpnq �l®gyp Bul4o;eM utiOge snoquepsuoc 4l �o Ino sem souls wow jo; juewpuawe ®hill a op Algegoad pino4s OM suopeollgnd pue sesueon `sena :3a :poIgnS we4Buiuuno elea :00 elone•i PPol :01 WV 90. LI, SOOZ 'EO Nnr `Aspsiny,L jueq uuewue4piDl AoEgS :uwj. 910"1 PPol CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 03 PROJECT NO. CH -06.001 DATE: 7)M EFFECTIVE DATE. CONTRACTOR: TRI STATE ELECTRIC PROJECT: MERIDIAN CITY HALL - Phase 3 Tenant Improvements The Contractor is hereby directed to make the foftoWn9 changes A9oan do Contract Documents and Plans. Description: Incorporate revlslons per ASrS 74, 81, es. 93,94. 99, lee. lay; RFPs 104. 104,107. 91 a 91R. RF10117, Pius 01 8 02 ALL OTHER TERMS AND CONDITIONS REIM THE SAME Reason for Change Order: Additional scope & revisions per11sted ASrS, RFI S S We Atlwtmwtts: Change Order Item Itst, dated 6/16/O9, with contractor quotes CHANGE IN CONTRACT PRICE. CHANGE IN CONTRACT TIMES: Original Conbad Price $2,749,895.00 Orfairal Contract Tirrres: Subabntial Complcion ar&= Not changes form previous Change Orders Not changes form previous Change Orders No. 01 to 02 $5,994.50 No._ to _ (wtender des) None Contract Price Prior to this Change Order. Contred TIS prior to this Change Order $2,755.884.50 (calendar days or dam) 8�26>2oos Net Increase of the Change Order. Net Inaease (decrease) of the Change Order: $72,723.24 (amnm dap or tea) Norte Contract Price with al Approved Change Orders Contract Timm with aIi Approved Change Orders: 52.828,607.74 (Wendarde ) Subsbriftl C01Wedon INI&M008 RECOMMENDED: ) ACCEPTED:pFqPetre ;(Com7Mucnow Inc. Thomas R. Co ri State `By. S)r. Jay GoodenGDate: � Oi PROVED: (CITY PU COUNCIL APPROVAL B)r Keith Watts Date: 1 APPROVED: (CITY) - By. Mayor Ta�derd / Cily Cterk. yoae Ho!►rtarr Data:By 7-25-09 Date: -ate DAR -Ii 's� •, b"b"* �,w - - • Memo To: ' Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green, Stacy Kilchenmann, Council, Tom Coughlin Date: July 15 Re: July 22 City Council Department Report RECEIFED JUL 16 2008 City Of Meridian City Clerk Office The Purchasing Department respectfully requests that the following item be placed on the July 22 City Council Agenda under Department Report. Tri State Electric Change Order #3 Additional work per Architect's Supplemental Instructions "ASI's" #74.81.85,93,94,99,106,107: BFI's 104,102,107.91 & 94R: RFI# 117, PR# 01 & 02. All work under this Change Order #3 will be completed pursuant to the existing Tri State Electric contract dated July 17, 2007. Total contract amount is now $2,828,607.74. Budget for this contract is $2,323,349.00 which we are over budget by $505,263.74. Change Order Items included in this change order are due to City requested changes in the amount of $42,520.42 and the balance of $30,202.82 are additional work per above stated ASI's. Recommended Council Action: Approve Change Order #3 to Tri-State Electric for additional electrical work per the attached, for a Not -To -Exceed amount of $72,723.24 authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 0 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 03 PROJECT NO. CH -06-001 DATE: 7/2/08 EFFECTIVE DATE: CONTRACTOR: TRI STATE ELECTRIC 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 74, 81, 85, 93, 94, 99,106,107; RFI's 104, 102, 107, 91 & 91R, RFI#117, PR#s 01 & 02 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope & revisions per listed ASIS, RFI'S & PR's Attachments: Change Order item list, dated 6/16/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $2,749,895.00 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) $5,994.50 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $2,755,884.50 8/28/2008 Net Increase of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) $72,723.24 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $2,828,607.74 Substantial Completion 8/28/2008 'RECOMMENDED: (CONSTRUCTION R) ACCEPTED: (CONT TOR) Petra Inc. Tri State Electri( ' `��---ttt ``•� By: Thomas R. Coughl' By: Jay Gooden �,� Date: Date: 0> APPROVED: (CITY PURFINEN COUNCIL APPROVAL By: Keith WattsDate: . 1( Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: PROPOSED CHANGE ORDER fzv No. 00003 BOISE, IDAHO 1097 N. ROSARIO STREET & MERIDIAN, ID 83642 0 PHONE: (208) 323-4500 e FAX: (208) 3213-4507 TITLE: ASI, RFI & PR Pricing- Phase III DATE: 6/16/2008 PROJECT: Meridian City Hall JOB: 060675 TO: Attn: Jay Gooden CONTRACT NO: 34 Tri State Electric 7790 Mossy Cup Boise, ID 83709 Phone: 208-362-4636 Fax: 208-362-1716 RE: To: . .. . . ....... .. . . . ...... DESCRIPTION OF PROPOSAL **All taxes are included in costs** ...... . . ........ ......... --.- ...... . .......... .... - Item .. DescriDtion 00001 PR#01 Mayor Suiteions (RFP#02)- Revise location & configuration of the Mayors Suite. Additional light fixtures required. TriState quote 3/21/08 00002 PR#02 CO2 Monitoring (RFP#03)- Add wall boxes and conduit above ceilings for 28 CO2 monitoring sensors installed by others. TriState quote 4/22/08 00003 AS1#74 Access Floor Grounding (COR#37)- Add groundwiring to access flooring. TriState quote 6/6/08 00004 RFI#104 Be,am Framing (COR#39) 00005 RF1#102 Tele -Comm Riser Modification (COR#45)- Delete qty of EMT conduit due to change in materials. TriState quote 4/22/08 00006 RFI#107 Basement Rm. 19 Fan Unit Access (COR#46)- Relocate fan coil unit from above drywall ceiling. TriState quote 4/22/08 00007 RFI#91 & 91R Power Shutdown Rm.311 (COR#38 & #47)- Furnish and install conduit, wiring, contractor and push button station for the emergency shutdown of the owner provided server and UPS system in Rm.311. TriState quote 4/23/08 APPROVA By: By: Date: ?I 1"14.1X1 0 n Date: Expedition 0 From: Number: ..Wantity, Units Unit Price ..... . ... .. ... . Tax Rate . . ..... Ta Amount 1.000 LS $6,156.87 0.00% $0.00 $6,156.87 1.000 LS $5,420.13 0.00% $0.00 $5,420.13 1.000 LS $4,201.13 0.00% $0.00 $4,201.13 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS ($1,502.18) 0.00% $0.00 ($1,502.18) 1.000 LS $541.71 0.00% $0.00 $541.71 1.000 LS $11,721.78 0.00% $0.00 $11,721.78 JUL 0 8 2008 Unit Cost: $72,723.24 Unit Tax: $0.00 By L Lump Sum: $0.00 Lump Tax: $0.00 0% GC Markup: $0.00 Total: $72,723.24 By: Tri tate Electric Lombar Conrad Architects 08 Date: • PROPOSED CHANGE ORDER PETR No. 00003 323-4500 BOISE, IDAHO 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI, RFI & PR Pricing- Phase III DATE: 6/16/2008 PR03ECT: Meridian City Hall )OB: 060675 TO: Attn: Jay Gooden Tri State Electric 7790 Mossy Cup Boise, ID 83709 Phone: 208-362-4636 RE: To: CONTRACT NO: 34 Fax: 208-362-1716 From: Number: DESCRIPTION 11OF PROPOSAL .� $72,723.24 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: Item i)escriphon Q�nantit Units ___ Unit Price Tax Rate Tax Amount; Net ount 00008 ASI#81 Second Floor Owe Revisions (RFP#05)- 1.000 LS $20,700.55 0.00% $0.00 _ .._ $20,700.55 Revise & add office and conference space on 2nd Public Works & Fire Dept areas. TriState quote 5/1/08 00009 A5I#85 Lobby Floor & Exterior Power Outlets 1.000 LS $15,663.00 0.00% $0.00 $15,663.00 (COR#48)- Add floor box to 1st floor main lobby and 18 power outlets to the exterior roof areas per owner request. Tristate quote 5/1/08 00010 ASI#93 Add Wall to Rm.257 (COR#49) 1.000 LS $0.00 0.00% $0.00 $0.00 00011 ASI#94 Reader Board Conduits (COR#51)- Add 2- 1.000 LS $1,750.78 0.00% $0.00 $1,750.78 1" UG conduits for future monument sign. Tristate quote 6/12/08 00012 ASI#99 Heat Tape @ Barrel Vault Gutters 1.000 Ls $7,035.19 0.00% $0.00 $7,035.19 (COR#52)- Add heat tape at the four gutter downspouts at the corners of the barrel vault. Tristate quote 6/6/08 00013 ASI#106 Light Fixture @ Hallway 349 (COR#54)- 1.000 LS ($382.11) 0.00% $0.00 ($382.11) Delete labor for the installation of two RR3 light fixtures, no credit for fixtures on site. TriState quote 6/6/08 00014 ASI#107 Wall Revision @ Rms 244 & 245 (COR 1.000 LS $154.29 0.00% $0.00 $154.29 #55)- Adjust electrical as required. Tristate quote 6/6/08 Unit Cost: $72,723.24 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 00/a GC Markup: $0.00 Total: $72,723.24 APPROVAL: By: By' rte' , Cti By: d4 Petra nor ated Tri State Electric Lo ba d Conrad Architects Date: 7j Date:`a 0 Date: Expedition Page 2 of 3 s PROPOSED CHANGE ORDER klkv No. 00003 323-4500 BOISE, IDAHO 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI, RFI & PR Pricing- Phase III DATE: 6/16/2008 PROJECT: Meridian City Hall JOB: 060675 TO: Attn: Jay Gooden CONTRACT NO: 34 Tri State Electric 7790 Mossy Cup Boise, ID 83709 Phone: 208-362-4636 Fax: 208-362-1716 RE: To: From: Number: `DESCRIPTION OF PROPOSAL te.... _Descriptn:: io_ Quantity Units Unit Price . Tax Rate Tax, Amount Net Amount. 00015 RFI#117 Cable TV Service (COR#56)- Provide 2" 1.000 LS $1,262.10 0.00% $0.00 $1,262.10 UG conduit for cable TV service Approx 85 Ft. TriState quote 6/6/08 APPROVAL: By: � Date:i/Z Expedition By: Unit Cost: Unit Tax: Lump Sum: Lump Tax: 0% GC Markup: Total: By: I Tri S ate Electric Date: 0% � � Date: $72,723.24 $0.00 $0.00 $0.00 $0.00 $72,723.24 Lombarf Conrad Architects J Page 3 of 3 MERIDIAN CITY HALL PROJECT NO: CH -06-001 TRI-STATE ELECTRIC - Phase 3 (34) CHANGE ORDER NO 3 CHANGE ORDER ITEMS 06/16/08 1 PR 01 Mayor Suite Revisions ( RFP -02) 6,156.87 Revise location & configuration of the Mayors Suite. Additional light fixtures required. Tri-State quote 3/21/08 2 PR 02 CO2 Monitoring (RFP -03) - Add wall boxes and conduit above 5,420.13 & ceilings for 28 CO2 monitoring sensors installed by others Tri-State quote 4/22/08 3 ASI 74 Access Floor Grounding (COR #37) 4,201.13 Add groundwiring to access flooring 8 ASI Tri-State quote 6/6/08 20,700.55 4 RFI 104 Beam Framing (COR #39) 0.00 5 RFI 102 Tele -Comm Riser Modification. (COR#45) (1,502.18) Delete qty of EMT conduit due to change in materials 9 ASI Tri-State quote 4/22/08 15,663.00 6 RFI 107 Basement Rm #019 Fan Unit Access. (COR #46) 541.71 Relocate fan coil unit from above drywall ceiling. Tri-State quote 4/22/08 7 RFI 91 Power Shutdown Rm 311(COR#38 & #47) 11,721.78 & 91 R Furnish and install conduit, wiring, contactor and push button station for the emergency shutdown of the owner provided server and UPS system in Rm 311. Tri-State quote 4/23/08 8 ASI 81 Second Floor Office Revisions (RFP -05) 20,700.55 Revise & add office and conference space on 2nd Public Works & Fire Dept areas. Tri-State quote 5/01/08 9 ASI 85 Lobby Floor & Exterior Power Outlets (COR #48) 15,663.00 Add floor box to 1st floor main lobby and 18 power outlets to the exterior roof areas per owner request. Tri-State quote 4/24/08 10 ASI 93 Add Wall to Rm 257. (COR #49) 0.00 11 ASI 94 Reader Board Conduits (COR#51) 1,750.78 Add 2 - 1" UG conduits for future monument sign Tri-State quote 6/12/08 12 ASI 99 Heat Tape @ Barrel Vault Gutters (COR#52) 7,035.1.9 Add heat tape at the four gutter downspouts at the corners of the barrell vault. Tri-State quote 6/6/08 13 ASI 106 Light Fixture @ Hallway 349 (COR#54) (382.11) Delete labor for the installation of two RR3 light fixtures, no credit for fixtures on site. Tri-State quote 6/6/08 14 ASI 107 Wall Revision @ Rms 244 & 245 (COR#55) 154.29 Adjust electrical as required. Tri-State quote 6/6/2008 15 RFI 117 Cable TV Service (COR#56) 1,262.10 Provide 2" UG conduit for cable TV service Approx 85 Ft. Tri-State quote 6/6/08 72,723,24 Page 1 of 1 ` -0 )AMMh-s YU7-7v Tri State Electric Change Request Estimate Customer Information Company Name: Contact Name: Address: City: State: Job Name: GC Tracking Number: TSE Tracking Number: Date: Description of Change: Petra, Inc. ' TH, STA ELECTRIC Tom Coughlin 1097 North Rosario Street Meridian Idaho Meridian City Hall # 610 March 21, 2008 MAYOR SUITE REVISION'S. (SHEET 1 of 2)(REVISED 04/17/2008) t �, _L�QNlaferfa01 r....- --.. - Bcico+ntrl bescription Qty Material Price per Unit Material Unit Labor Hours Per Unit Labor Unit Labor Hours Total Material Total 10 THHN CU STRANDED 945 224.59 M 7.50 M 7.09 $ 212.23- 3/4 EMT 180 46.73 C 5.00 C 9.00 $ 84.11 3/4 EMT CONN S/S 18 68.55 C 10.00 C 1.801$ 12.34 3/4 EMT COUP S/S 18 84.31 C 5.00 C 0.901$ 15.17 3/4 EMT 1 HOLE STP 22 11.95 C 4.00 C 0.861$ 2.58 1/4" FENDER WASHER 24 2.61 C 0.02 E 0.48 $ 0.63 1/4" NUT 12 6.61 C 0.04 E 0.48 $ 0.79 T -BAR HANGER 1 240.91 C 7.00 C 0.07 $ 2.41 SURFACE 1'X4' -1 0.00 Q 1.00 E -1.00 $ - GASKETED 1'X4' -SURF -1 0.00 Q 1.20 E -1.20 $ - INDIRECT 8' STRIP 4 0.00 Q 1.00 E 4.00 $ - INDIRECT 12' STRIP -1 0.00 Q 1.00 E -1.001$ - 4' FLEX WHIP ASSEMBLY 1 0.00 Q 0.25 E 0.25 $ REC. CAN SMALL M.H. 1 0.00 Q 1.00 E 1.001s - EXIT LIGHT CEIL. MTD. -1 0.00 Q 1.00 E -1.001s - 4/S BOX 2-1/8" DEEP 5 271.26 C 30.00 C 1.501$ 13.56 4/S SG MUD RING 5/8"DP -2 266.73 C 15.00 C -0.30 $ 5.33 4/S BLANK COVER 7 119.87 C 8.00 C 0.561$ 8.39 4/0 BOX 2 0.00 C 30.00 C 0.60 $ - EYE BOLTS 1/4" 6 0.20 E 0.10 E 0.601 $ 1.21 FIXTURE WIRE 6 3.22 E 0.07 E 0.42 $ 19.32 AIRCRAFT CABLE 18 1.61 E 0.00 O 0.00 $ 28.98 FIXTURE EX 1 O LATE TO STOP SHIPPMENT -1 0.00 E 0.00 O 0.00 $ - FIXTURE PF 3 -1 694.00 E 0.00 O 0.00 $ 694.00 FIXTURE PF 3X 1 842.00 E 0.00 O 0.00 $ 842.00 FIXTURE PF 5X -1 695.00 E 0.00 O 0.00 $ (695.00 FIXTURE PF 7 -1 378.00 E 0.00 O 0.00 $ (378.00 FIXTURE PF 8 2 387.00 E 0.00 O 0.00 $ 774.00 FIXTURE PF 8X 2 502.00 E 0.00 0 0.00 $ 1,004.00 FIXTURE PF 13 1 521.00 E 0.00 O 0.00 $ 521.00 FIXTURE RR 3 3 121.00 E 0.00 O 0.00 $ 363.00 FIXTURE RR 9 TO LATE TO STOP SHIPPMENT -2 0.00 E 0.00 0 0.00 $ - FIXTURE SF 1 O LATE TO STOP SHIPPMEN -1 0.00 E 0.00 O 1 0.00 $ - FIXTURE WF 1X -1 182.00 E 0.00 O 0.00 $ 182.00 REDO EXISTING CONDUIT 1 0.00 E 24.00 E 24.00 $ - PRO 1.borais� _ _ - - 4:. Qty Rate Totals Journeyman 49.11 $ 52.00 $ 2,553.80 Foreman 7.37 $ 57.00 $ 419.90 General Foreman 4.91 $ 62.00 $ 304.49 • .---.$ubcontctorrBKeaiowfl- _ Subcontractor Material Subcontract Labor Total Subcontractor Pricemen $ fa rn $ si&fQ+:;.__ , .__ _:_�_ - s- _= Total Labor Price $ 3,278.19 Total Material Price $ 1,951.40 TO State Electric Representative Tax on Material $ 97.57 Subcontractor Name: Jay Gooden Equipment Rental Title: Project Manager/Estimator Subtotal $ 5,327.16 C Permit $ 26.64 q Signature: �� � Subtotal $ 5,353.80 OH&P @ 15% $ 803.07 SHEET 2 of 2 Total Price 1 $ 6,156.87 z 9 'Tri State Electric Change Request Estimate Customer Information Company Name: Contact Name: Address: City: State: Job Name: Petra, Inc. STATF ��JELECTRIC Tom Coughlin 1097 North Rosario StreetTSI Meridian Idaho Meridian City Hall GC Tracking Number: TSE Tracking Number: Date: Description of Change: # 610 March 21, 2008 MAYOR SUITE REVISION'S. (SHEET I of 2) v U 1-2255 V-zh'!i R R:v, .7xN E IM Ni- ...... . ... Description Qty Material Price per Unit Material Unit Labor Hours Per Unit Libor Unit LaDor Hour, Total Material Total 10 THHN CU STRANDED 945 224.59 M 7.50 M 7.091 r 21-2.23 3/4 EMT 180 46.73 C 5.00 C 9.001 $ 84.11 3/4 EMT CONN S/S 18 1 68.55 C 10.00 C 1.80 $ 12.34 3/4 EMT COUP S/S 18 84.31 C 5.00 -C 0.90 $ 15.17 3/4 EMT 1 HOLE STP 22 11.95 C 4.00 C 0.86 $ 2.58 1/4" FENDER WASHER 24 2.61 C 0.02 E 0.48 $ 0.63 1/4" NUT 12 6.61 C 0.04 E 0.48 $ 0.79 T -BAR HANGER 1 240.91 C 7.60 C 0.07 $ 2.41 SURFACE 1'X4' -1 0.00 a 1.00 E -1.001$ - GASKETED 1'X4' -SURF -1 0.00 Q 1.20 E -1.201$ - INDIRECT 8' STRIP 4 0.00 Q 1.00 E 4.00 $ INDIRECT 12' STRIP -1 0.00 Q 1.00 E -1.00 $ 4' FLEX WHIP ASSEMBLY 1 0.00 Q 0.25 E 0.25 $ REC. CAN SMALL M. H. 1 0.00 Q 1.00 E 1.00 $ EXIT LIGHT CEIL. MTD. -1 0.00 Q 1.00 E -1.00 $ 4/S BOX 2-1/8" DEEP 5 271.26 C 30.00 C 1.50 $ 13.56 4/S SG MUD RING 5/8"DP -2 266.73 C 15.00 C -0.30 $ (5.33) 4/S BLANK COVER 7 119.87 C 8.00 C 0.56 $ 8.39 4/0 BOX 2 0.00 C 30.00 C 0.60 $ - EYE BOLTS 1/4" 6 0.20 E 0.10 E 0.60 $ 1.21 FIXTURE WIRE 6 3.22 E 0.07 E 0.42 $ 19.32 AIRCRAFT CABLE 18 1.61 E 0.00 0 0.00-$ 28.98 FIXTURE EX I (TO LATE TO STOP SHIPPMENT) -1 0.00 E 0.00 0 0.001 - FIXTURE PF 3 -1 (691.00) E 0.00 0 0.001 $ 691-00 4 FIXTURE PF 3X 1 842.00 E 0.00 0 0.001 $842.00 FIXTURE PF 5X -1 695.00 E 0.00 0 0.001 $ . (695.00) FIXTURE PF7 -1 (378.00) E 0.00 0 0.00 $ 378.00 FIXTURE PF8 2 387.00 E 0.00 0 0.00 $ 774.00 FIXTURE PF 8X 2 502.00 E 0.00 0 0.00 $ 1,004.00 FIXTURE PF 13 1 521.00 E 0.00 0 0.00 $ 521.00 FIXTURE RR 3 121.00 E 0.00 0 0.00 $ 363.00 FIXTURE RR 9 (TO LATE TO STOP SHIPPMENT) -2 0.00 E 0.00 0 0.00-$ - FIXTURE SF 1 TO LATE TO STOP SHIPPMENT) -1 1 0.00 E 0.00 0 0.001 $ - FIXTURE WF 1X -1 (182.00) E 0.00 0 0.001 $ 182.00 REDO EXISTING CONDUIT 1 0.00 E 24.00 E 24,001$ - nx- Qty Rate Totals Journeyman 49.11 $ 52.00 $ 2,553.80 Foreman 7.37 $ 57.00 $ 419.91 I General Foreman 4.91 $ 62.00 $ 304.49D V., e-� Subcontractor Material Subcontract Labor Total Subcontractor Price $ Total Labor Price $ 3,278.1.9 Total Material Price $ 4,456.40 Tri State Electric Representative Tax on Material $ 222.82 Subcontractor Name: Ja Gooden Equipment Rental Title: Pro ect Manager/Estimator Subtotal $ 7,957.41 Signature: (� Permit $ 39,79 Subtotal $ 7,997,20 OH&P 1S% $ 1,199.58 SHEET 2 of 2 Total Price $ 9,196.78 Page 1 of 1 Jay Gooden From: Newbolt, Theron [Theron. Newbolt@gbe.com] Sent:. Wednesday, March 19, 2008 11:43 AM To: Jay Gooden Cc: Newbolt, Theron Subject: FW: Meridian City Hall Jay, ALI PF fixtures are the Lite Control, and was pushed back till 4/18... it has not shipped Y E T , but you had better get changes in QUICK let me know ASAP Delete Qty (1) Type EX1: Too late to delete, shipped. @ 107.15 ea Delete Qty (1) Type PF3 @ 691.00 ea Add Qty (1) Type PF3X @ 842.00 ea Delete Qty (1) Type PFSX @ 695.00 ea Delete Qty (1) Type PF7 @ 378.00 ea Add Qty (2) Type PF8 @ 387.00 ea Add Qty (2) Type PFBX @ 502.00 ea Add Qty (1) Type PF13 @ 521.00 ea Add Qty (3) Type RR3: @ 121.00 ea Delete Qty (2) Type RR9: Too late to delete, shipped. @ 175.30 ea Delete Qty (1) Type SF1: Too late to delete, shipped. @ 149.00 ea Delete Qty (1) Type WF1X @ 182.00 ea If you want to make these changes, please send revised PO's. Theron Newbolt Graybar Electric Boise, ID Quotations Mgr. ph 208-343-2594 fax 208-433-8699 theron.newbolt@gbe.com 3/21/2008 Page 1 of 1 Jay Gooden From: Jay Gooden Sent: Tuesday, March 18, 2008 4:15 PM To: 'Newbolt, Theron' Subject: Meridian City Hall Theron, I am in need of pricing for a change order for Meridian City Hall. I will need to know if fixtures have shipped etc. Per each please. See below. EX -1 -1 PF -3 -1 PF -3X +1 PF -5X -1 PF -7 -1 I PF -8 +2 PF -8X +2 - PF -13 +1 RR -3 +3 RR -9 -2 SF -1 -1 WF -1X -1 Jay Gooden Project Manager/Estimator Phone 208-362-4636 Fax 208-362-1716 Cell 208-861-0672 3/21/2008 P& &2 602 Tom• !1a_a_ 11 oww caectric cnan a Keguest Estimate Customer Information Company Name: I Petra, Inc. Contact Name: Tom Coughlin Address: 1097 North Rosario Street =:::""` ._: T I TE City: Meridian ELECTRIC State: Idaho Job Name: Meridian City Hall GC Tracking Number. TSE Tracking Number. # 610 Date: Aril 22, 2008 Description of Change: AS PER PR # 02 RFP # 3 CO2 MONITORING FOR A LEEDS CREDIT. 1 a ena or - Price per Material Labor Hours Labor Hours Material Description Qty Unit Unit Per Unit Unit Total Total 3/4 BUSH PLASTIC 28 13.37 C 35.00 C 9.80 $ 3.74 3/4 FLEX STEEL 140 65.81 C 3/4 FLEX SCREW-IN CON 8.00 C 11.20 $ 92.13 56 227.32 C SW BOX 3-1/2" DP WEARS 28 660.05 C 14.00 C 7.84 $ 127.30 RAISE FLOOR PULL ANS RESET 28 0.00 0 25.00 C 7.00 $ 184.81 DRILL RAISED FLOOR PANEL 28 0.00 0 0.50 E 14.00 $ 0.50 E 14.00 $ - --- -- 77 Qty Rate Totals Journeyman 63.84 $ 52.00 1 $ 3,319.68 Foreman 9.58 $ 57.00 $ 545.83 General Foreman 6 8 00 23- $v.E"_ 3 95.81 _ 4 _ Subcontractor Material Subcontract Labor Total Subcontractor Price $ Rr rlittTes---3- Total Labor Price $ 4,261.32 Total Material Price $ 407.99 Tri State Electric Representative Tax on Material $ 20.40 Subcontractor Name: Jay Gooden Equipment Rental Title: Project Manager/Estimator Subtotal $ 4,689.71 Signature: Permit $ 23.45 Subtotal $ 4 713.16 OH&P @ 15% $ 706.97 Total Price $ 5,420.13 Ae • GoJ,3� ,46-f Xe4z- r5 )��- 6�2.ojrA TO State Electric Change Request Estimate Customer Information Company Name: Contact Name: Address: C! State: Job Name: Petra, Inc. Thi "ATE LECTRIC Tom Coughlin 1097 North Rosario Street Meridian Idaho Meridian City Hall GC Tracking Number. TSE Tracking Number: Date: Description of Change: # 610 June 6, 2008 AS PER COR # 37. (ADD FLOOR GROUNDING TO ACCESS FLOOR.) 0-17PN- --R . . ... . ..... Description Material Price per Material Labor Hours Labor Qty Unit Unit Per Unit Unit Labor Hours Total Material Total 8 BARE CU SOLID 500 509.77 M 15.00 M 7.50 $ 254.88 1" X 2 GROUND CLAMP 32 810.69 C 0.44 E 14.08 $ 259.42 REMOVEIREPLACE FLOOR TILE 32 0.00. 0 0.75 E -r-50-00 24.00 $ - MATERIAL DROP i 1 E 0.001 $ 50.00 Qty Rate Totals Joumeymanj 45.58 $ 52.00 Foreman i 6.84 $ 57.00 General Foreman 4.56 $ 62.00 1 $ $ $ .2,370.16 389.71 282.60 ....... ... - .............. . . .. . . . . . . . . . . . . MEN Subcontractor Material Subcontract Labor Total Subcontractor Price $ �-*rdm'tz�mrn 6.64C 04.01- -Oemns M OEM g Total Labor Price $ 3,042.46 Name: Total Material Price Tri State Electric Representative Tax on Material Subcontractor Jay Gooden Equipment Rental $ $ 564.30 28.22 Title: Signature: Project Manager/Estimator Subtotal 'w- \. Permit Subtotal OH&P 0 15%1 Total Price l $ $ $ $ $ 3,634.98 18.17 3.653.16 547.97 4,201.13 125Co`- Tri State Electric Change Request Estimate Customer Information Company Name: Petra, Inc. Contact Name: Address: I STATE Tom Coughlin 1097 North Rosario Street City: Meridian _ ELECTRIC State: Idaho Job Name: Meridian City Hall GC Tracking Number: -7-610 TSE Tracking Number. Date: Aril 22 2008 Description of Change: AS PER RFI # 102 AND COR # 45. TELECOMM RISER DEDUCT. g�- _ Description matenar Price per Material qty Unit Unit Labor Hours Labor Per Unit Unit Hours Total Material Total 4 EMT 4 EMT CONN S/S/I 4 EMT COUP S/S 4 EMT 2 HOLE STL -60 524.51 C -1 5,247.29 C -6 2,080.37 C -6 34.35 C 16.00 C 60.00 C 14.00 C 6.25 C -9.60 $ -0.72 $ -0.841$ -0.38 $ 314.70 62.97 ' 124.82 2.06 My Rate ---= Totals Journeyman 11.54 $ 52.00 $ 599.82 Foreman General Foreman 1.73 $ 57.00 $ 98.62 Subcontractor Material - - Subcontract Labor . Total Subcontractor Price $ Total Labor Price . $ (769.96) Tri State Electric Representative Total Material Price Tax on Material $ 504.55 Subcontractor Name: Jay Gooden EouiDment Rental Title: P 'ect Manager/Estimator Subtotal $ 1,299.74 Signature: L Permit $ 6.50 Subtotal $ 1306.24 OH&P 15% $ 195.94 Total Price $ 1,502.18 • 4er e 0-a Tri State Electric Changle Request Estimate Customer Information Company Name: Petra, Inc. Contact Name: Address: VA� ATE Tom Coughlin 1097 North Rosario Street City: Meridian ELECTRIC State: Idaho Job Name: Meridian City Hall 71 GC Tracking Number TSE Tracking Number #610 Date: Apri122,2008 Description of Change: AS PER RFI # 107 COR # 46 BASEMENT RM # 019 FAN UNIT ACCESS. T -BAR HANGER -2 TROFFER TU PARACUBE 3 SURFACE 1'X4' -3 T BAR QUAKE CLIP 12 V.FLEX WHIP ASSEMBLY 3 4/S BOX 2-1/8" DEEP -2 4/S SG MUD RING 5/8"DP -3 4/S BLANK COVER 2 FIXTURE WIRE 6 FOCTURE GF 2 . 3 FIXTURE SF 1 -3 FIXTURE QUOTE. 1 �P_rjae_. Material Unit 240.91 C 0.00 Q 0.00 Q. 0.00 E "d. -00--o 271.26 C 266.73 C 119.87 C 3.22 E 0.00 0 1 0.00 0 1 348.46 E Labor Hours LaborDescriptionn Per Unit Unit 7.00 C 0.95 E 1.00 E 0.11 E 0.25 E 30.00 C 15.00 C 8.00 C . 00.7 E 0.00 X 0.00 $ - 0.00 $ - Total Total -0.11 $ 3.61 2.85 $ -3.00 $ 1.32 $ 0.75 $ -0.45 -T-(4.07) -0.45 $8.00 . 012 $ 1.80 0.42 $ 19.32 0.00 $ 0:00 $. 0.00 $ 348.46 Qty Rate Totals Journeyman 1.45 $ 52.00 Foreman General Foreman0.15 0.22 $ 57.00 $ 62.00 f$77 -y Subcontractor Material Subcontract Labor Total Subcontractor Price $ - _ _ - - --= - ----- --,� Total Labor Price $ 97.12 Tri State Electric Representative Total Material Price Tax on Material $ $ 353.89 17,69 Name: Jay Gooden Title: Project Manager/Estimator ` Signature: � C,v� Subcontractor Equipment Rental Subtotal Permit $ $ 468.71 2.34 Subtotal $ 471.05 OH& 15% $ 70.66 Total Price $ 541,71 • Steven Stark Branch Manager Raymond Cox Manager of Customer Service Phone 208343-2594 Fax 208-433-8699 49 Gzv%4mR-0 P. O. BOX 7528 Boise, ID 83707 -4/22/2008 To: Tri State ATTN: Jay RE: Meridian City Hall RF C/O #46 Delete: 2 SF1 $130.00 ea 1 SF 1 X $211.00 ea It is too late to delete SF 1 & SF 1 X fixtures form your PO. They are non returnable. Add 2 GF2 $60.23 ea 1 GF2X $228.00 ea Thanks, Theron Newbolt 801 South I P Street Boise, ID 83707 www.graybar.com Tom Coughlin From: Jay Gooden [JayGooden@tristateelec.com] Sent: Tuesday, April 22, 2008 9:20 AM To: Torn Coughlin Subiect: FW: COR # 46 REVISED Attachments: Kyocera 042208290.pdf (18! Kyocera S08042208290.pdf I FORGOT THE FIXTURE QUOTE ON THE FIRST ONE. Jay. To: Jay Gooden Subject: COR # 46 REVISED 1 DVt IT r 60 r 4 q • Contact Name: Tom Cou hlin Address: 1097 North Rc City: Meridian State: Idaho Job Name: Meridian Cit I GC Tracking Number: 42.12 C TSE Tracking Number: #610 Date: A ril 23, 2008 Description of Change: AS PER RFI # ©escrintinn c # 47, / V THl SFATE ELECTRIC Price per I Material I Labor Hours I Labor I Hours I Material - '- 12 THHN CU STRANDED 126 -•••I 146.36 M I-( unnI unn 6.00 IOtal Total 1/2 EMT 40 24.56 C M0.76 4.50 C $ 18.44 L 1/2 EMT CONN S/S 4 42.12 C 8.00 C 1.80 $ 1/2 EMT COUP S/S 4 55.89 C 09.821 .32 $ 1.68 1/2 EMT 1 HOLE STP 4 8.93 C 4.00 C0.16 $ 2.24 3/8" X 3" LAG BOLT 4 18.79 C 4.00 C 0.16 $ 0.36 400/4 POLE CONT,N1 1 0.00 E 0.10 E 0.40 $ 0.75 1 PB STATION 1 10.00 E 10.00 $ GEAR QUOTE 1 0.00 E 1.00 E 1.00 $ MATERIAL DROP 1 8,623.00 E 0.00 E 0.00 $ 8,623.00 75.00 E 0.00 $ - 0.00 $ 75.00 c.- Qty Rate Totals Journe man 14.60 $ 52.00 $ 758,99 Foreman 2.19 $ 57.00 $ 124.80 General Foreman 1.46 $ 62.00 $ 90.50 cvar�rct�r�e Subcontractor Material Subcontract Labor Total Subcontractor Price $ .-.:�.... _�. �,�.a..,� , , __,.. Total Labor Price $ 974.28 Total Material Price $ 8,731.30 Tri State Electric Representative Tax on Material $ 436.56 Subcontractor Name: JayGooden Equipment Rental Title: Project Manager/Estimator SubtotalI $ 10,142.14 Permit $ 50.71 Signature: I Subtotal $ 10,192.85 OH&P 15%1 1$ 1,528.93 Total Price $ 11,721.78 • Jay Gooden From: Efaw, Brian [BEfaw@wescodist.comj Sent: Wednesday, April 30, 2008 12:18 PM To: Jay Gooden Subject: MER CTY HALL RF191.XLS Attachments: MCH 400A Conactor DFA.doc Jay,' Here it is... Brian WESCO WESCO Distribution Inc the extra Quick Service Quotation 5480 IRVING ST effort people BOISE, IDAHO 83706 PH 208-322-3200 This quotation constitutes an offer to sell which offer expres FAX 208-375-7119 limits acceptance to the standard WESCO terms and conditions. Prices stated in this offer shall, unless renewed, automatically expire fifteen (15) days from the date of this offer. FOB -Point of shipment. Frt prepaid & allowed unless otherwise noted TO : TRI STATE ELECTRIC DTE 04/30/08 ATTN 3AY PROJECT NAME: MER CTY HALL RF191 I CASH EST SHIP Tr . TY DESCRIPTION PART # uNIT PRICE U/M TOTAL PRICE DISC TIME -WK 1 400A 4P N1 LIGHTING CONTACTOR, ELECTRICALLY HELD, 277V COIL DRAWING ATTACHED 1 30MM PUSHBUTTON STATION RED MUSHROOM HEAD- EMERGENCY STOP WITH MAINTAINED CONTACT ( 2 POSITION- PUSH/PULL) LOT... $ 8,623.00 PG 1 4/30/2008 WESCO Distribution Inc. BRIAN EFAW ACCOUNT REPRESENTATIVE Page 1 of 1 REFERENICE DPAWING WO. 84-2871c Page 1 of 1 Tom Coughlin From: Jon Anderson Sent: Thursday, April 17, 2008 9:05 AM To: Barbara Crawford Cc: Adam Johnson; Tom Coughlin; Scott Trepagnier Subject: FW: MCH Scanned Document Attachments: Wednesday, April 16, 2008.pdf;. image001.jpg; image002.jpg Barb pleases forward to Tri State. This is the second half of RFI #91. 1 hope we have not sent in pricing on the first half of the RFI. Thanks, Jon. From: Adam Johnson Sent: Wednesday, April 16, 2008 4:21 PM, To: Jon Anderson Subject: FW: MCH Scanned Document Adam Johnson Project Engineer, LEED AP Petra, i n c. 323 5 1097 N. Rosario Street IS1, MAW Meridian, ID 83642 -- Phone: (208) 323-4500 Fax: (208) 323-4507 ,t CORM CyOIts E -Mail: ajohnson@petraine.net This Communication contains proprietary b:rsirtess information and mqv contain confidential information. if the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient. you are hereby nottfed [hal any dissemination, distribution, or copying of this communication is strictly prohibited. lfyou have received this communication in error. please immediately destroy, discard, or erase this information. 4i?9i?nOR fAEMM AND 1 7ES Nd MEMORANDUM TO: LCA Architect ATTN; Steve Christiansen FRONd:: Geoff Johnson -PROJECT- Meridian City Hafl RFI 91 REVISED RESPONSE REMARKS-. Sieve: Attached please find our original response to RF1#91 pertaining to thepower shut-off at the IT Euiprnent room, In addition, viehave had discussions. with a UPS vendorin regard.s.to providing emerger rcys:hut<off for the load side and :battery connections within. the LIPS. As we. do not yet have co:i3firmation as to`the exact manufacturer of the UP, $ equipment that is to be Owner- provided, wner provided, we can provide basic :roUgh-in for the necessary infrastructure in order to satisfy the :regUirements for the the load -side :shut -offs. Please include the following inform, ation in our response to -RF1 #91. Theprevious information is still valid and is to be implemented. FtFI 01 SUPPLEMENTAL INFORMATION 1. In order to :provide emergency disconnecting means. for the load side of the UPS .and battery Gonnections, we recommerid that a blank oufilet: box be installed adjace'nt.to door to roam .811 at. setae height as pushbutton recaanrneridirci rn RFI.91.: li�stall siri "I gang n- dung' ori outlet box. Connect outlet box with M" empty conduit stubbed below access floor. 2.. Once LIPS equipment is. determMed, the shut-off switch and cabling can be implerne.ntod.. If you have any questions, please do .not hesitate to. contact our once at.your convenience. ..a Sincerely P x,; COPY TO: REQUEST FOR INFORMATION No. 00091 323-4500 BOLSE, IDAHO kc, 1097 N. ROSARIO STREET 4. MERIDIAN, ID 836542 * PHONE: (208) 323-4500 0 FAX: (208) 323-4507 TITLE: Power Shut Down at RM 013, 014, 311 DATE: 2/5/2008 PROJECT: Meridian City Hall JOB. 060675 TO: Attn: Steve Christensen LCA Architects, PA 1221 Shoreline Ln. STARTED: Boise, ID 83702 COMPLETED: Phone: 208-345-6677 Fax: 208-344-9002 REQUIRED: 2/12/2008 REQUEST: Sheet FP0.1 and FP3.0 Both sheets are calling to KILL ALL POWER. Looking at both E-M&P sheets wehavenot seen a means to turn off all power to all three rooms. Please advise. Req #ked BY:tr&orated Signe it� \ S')�j Jon)Oderson\ Date: ANSWER: See attached sketch showing power shut down. The Owner supplied UPS will require a shut down switch as well. Install another Red Mushroom The maintained contact push bottom adjacent to door. There will be a total of two shut down switches. One for power and one for UPS. Answered By; LCA Architects, PA Date: .Signed: Steve Christensen I of I • FEB -05-460I 10-34AM F90- T 40 ?-002/008 f-586 sj REQUEST FOR MFORMATION No. 00091 1W7 M. KGARID STREET 10 MFRMIAN, 10 $3642 • PHONE* (208) 323-4500 & FAX: (208) 323-4507 TITLE: Power shut Down at RM w, 01+4, 311 IDATE: 2/512008 PROJECT: Meridiani City Hall 308.- 060675 TO. Attn., Steve Christensen LCA Architects, PA 1221 Shoreline Ln. STARTED: Boise, ID 83702 COMPLETED; REQUMD.- 2/12/2008 Phone: , 208-345-6677 Fax 208-344-9O02 U. Sheet FPO. I and FP3,0 Both sheets are calling to KILL ALL POWEFL Looking at both E-M&P sheets we have not seen a means to tum off all power 6 all three rooms. Please advise. Reque4ed By: Petra Incorporated Date - Signed, Jon Anderson QVI.Y IAA , T -7-7V F&- Eff-fig,V M5 Answered Ruo LCA Ar<octg. PA Date: VOW: ✓ L] 05 Tri State Electric Change Request Estimate Customer Information Company Name: Contact Name: Address: City: State: Job Name: GC Tracking Number. TSE Tracking Number: Date: Description of Change: Petra, Inc. TRI STATE ELECTRIC Tom Coughlin 1097 North Rosario Street Meridian Idaho Meridian City Hall # 610 May 1, 2008 AS PER ASI # 81, RFP # 05, MERIDIAN CITY HALL TI. r - Description Qty Material Price per Unit Material Unit Labor Hours Per Unit Labor Unit or Hours Material Total Total 12 THHN CU STRANDED 301 146.36 M 6.00 M 1.80 $ 44.02 1/2 EMT 95 24.56 C 4.50 C 4.28 $ 23.33 314 EMT 125 46.73 C 5.00 C 6.25 $ 58.41 1 EMT 20 1 77.90 C 5.501 C 1.10 $ 15.58 1 1/4 EMT 10 118.20 C 6.20 C 0.62 $ 11.82 1 1/4 EMT CONN D/C 1 153.53 C 20.00 C 0.20 $ 1.54 1/2 EMT CONN S/S 10 42.12 C 8.00 C 0.76 $ 4.00 314 EMT CONN S/S 19 68.55 C 10.00 C 1.85 $ 12.68 1 EMT CONN SIS 4 197.75 C 12.00 C 0.48 $ 4.71 1/2 EMT COUP S/S 10 55.89 C 4.00 C 0.38 $ 5.31 3/4 EMT COUP S/S 13 84.31 C 5.00 C 0.63 $ 10.54 1/2 EMT 1 HOLE STP 9 8.93 C 4.00 C 0.34 $ 0.76 3/4 EMT 1 HOLE.STP 19 11.95 C 4.00 C 0.74-$ 2.21 1 EMT 1 HOLE STL 4 22.06. C 4.00 C 0.16 $ 0.88 1 1/4 EMT 1 HOLE STL 2 27.44 C 4.25 C 0.09 $ 0.55 1/4" FENDER WASHER 64 2.61 C 0.02 E 1.28 $ 1.67 1/4" NUT 32 6.61 C 0.04 E 1.28 $ 2.12 T -BAR HANGER 7 240.91 C 7.00 C 0.49 $ 16.86 TSGB16 BOX HANGER 1 89.92 C 20.00 C 0.20 $ 0.90 GROUND SCREWIVVIRE 1 17.14 C 0.10 E 0.10 $ 0.17 YELLOW WIRE NUT 6 8.98 C 1.00 C 0.06 $ 0.54 TROFFER 2'X4' PARACUBE -0 0.00 Q 0.95 E -5.70 $ - INDIRECT 1'X4' 2 0.00 Q 0.70 E 1.40 $ INDIRECT 4' STRIP 5 0.00 Q 0.75 E 3.75 $ - INDIRECT 8'.STRIP 1 0.00 Q 1.00 E 1.00 $ - T BAR QUAKE CLIP -24 0.00 E 0.11 E -2.64 $ - 4' FLEX WHIP ASSEMBLY. -2 0.00 Q 0.25 E -0.50 $ - 6' FLEX WHIP ASSEMBLY -6 0.00 Q 0.25 E -1.50 $ - REC. CAN SMALL M.H. -2 0.00 Q 1.00 E -2.00 $ - OCCUPANCY SENSOR DAYLIGHT HARVEST TYPE 1 0.00 Q 2.00 E 2.00 $ 1G PLAS TELEPHONE PLATE 1 48.41 C 10.00 C 0.10 $ 0.48 1G SS DUPL RECP PLATE 1 107.39 C 10.00 C 0.10 $ 1.07 DPLX 20/3 3 662.40 C 30.00 C 0.90 $ 19.87 DPLX 20/3 GFCI -2 1,472.00 C 35.00 C -0.70 $ 29.44 4/S BOX 1-1/2" DEEP -2 156.16 C 30.00 C -0.60 $ 3.12 4/S BOX 2-1/8" DEEP 9 271.26 C 30.00 C 2.70 $ 24.41 4/S SG MUD RING 1/2"DP 7 304.04 C 15.00 C 1.051$ 21.28 4/S SG MUD RING 5/8"DP -2 266.73 C 15.00 C -0.30 $ 5.33 4/S SG MUD RING 3/4'DP 3 368.52 C 15.00 C 0.45 $ 11.06 4IS-BbkNK-COVER--------------- ._ . - _5 1-19:87.. _._...C-'- -8:00' C.. 4/S TO 3/0 MUD RING 4 272.67 C 15.00 C 0.60 $ 10.91 411/16. BOX . 3 1,349.94 C 30.00 C 0.90 $ 40.50 411/16 SG MUD RING 3 849.44 C 15.00 C 0.45 $ 25.48 TSGB16 BOX HANGER 15 165.64 C 20.00 C 3.00 $ 24.85 I>Ac. I o r-2 MODULAR FLOOR BOX INSTALL 8 0.00 0 300.00 C 24.001$ FA SMOKE DET. ADDR. 4 0.00 Q 0.75 E 3.00 -f'- 14/2 TSP CABLE 72 148.93 M 8.00 M 0.57 $ 10.65 EYE BOLTS 1/4" 16 0.20 E 0.10 E 1.60 $ 3.22 FIXTURE WIRE AIRCRAFT CABLE 4 3.22 E 0.07 E 0,28 $ 12.88 FIXTURE GF 2 16 1.61 E 0.00 $ O.OD $ 25.76 FIXTURE GF 2X -5 0.000 0.00 X 0.00 $ FIXTURE PF 2 -1 2 0.00 0.00 0 0 0.00 X 0.00 $ FIXTURE PF 3 1 0.00 X 0.00 $ FIXTURE PF 3X 1 0.D0 0 0.00 X 0.00 $ FIXTURE PF'5X -2 0.000 0.00 0 0.00 X 0.00 $ FIXTURE PF 6 4 0.00 0 0.00 X 0.00 X 0.00 $ 0.00 F$- -FIXTURE PF 8X 1 0.00 0 30.00 X 0.00 $ FIXTURE PF 9 1 0.00 0 0.00 X 0.00 $ FIXTURE RR 1 -2 0.00 0 0.00 $ - 0.00 $ FIXTURE QUOTE 1 11,025.00 E 0.00 $ 0.00 $ 11,025.00 FIRE ALARM QUOTE 1 734.00 E 0.00 $. - 0.00 $ 734.00 MATERIAL DROP 1 150.00 E 0.00 $ - 0.00 $ 150.00 FLOOR TILE REMOVE/REPLACE 18 0.001 0 1.00 E 18.00 $ Qty Rate Totals Joume an 74.59 $ 52.00 $ 3,878.76 Foreman 11.19 $ 57.00 $ 637.76 General Foreman 7.46 $ 62.00 $ 462.47 OEM= Subcontractor Material 2111121 Subcontract Labor Total Subcontractor Price $ - .9i na£Ores.,: Total Labor Price $ 4,978.98 Tri State Electric Representative Total Material Price $ 12,316.13 Tax on Material $ 615.81 Subcontractor Name: Jay Gooden Equipment Rental Title: Pro ect Manager/Estimator Subtotal $ 17,910.92 Signature: Permit $ 89.55 Subtotal $ 18,000.48 OH&P 15% $ 2,700.07 Total Price $ 20,700.55 SimplexGrinnell 12443 W Executive Dr Boise, ID 83743 (208) 376-2111 FAX: (208) 376-2192 www.simplexgdnnell.com SimplexGrinnell Quotation TO: Tri-State Electric Inc Project: Meridian City Hall PR#48 C.O. 7790 W Mossy Cup St Customer Reference: Boise, ID 83709-.8304 SimplexGrinnell Reference: 936200404 District Services - PR #48 Date: 04/28/2008 CAD LAB Page 1 of 3 SimplexGrinnell is pleased to offer for your consideration this quotation for the above project. QUANTITY MODEL NUMBER DESCRIPTION PR #48 PR #48 4098-9714 PHOTO SENSOR 4098-9792 SENSOR BASE District Services - PR #48 CAD LAB CAD LABOR PM LAB PROJECT/CONSTRUCTION MGMT .Technical Services - PR #48 TECH LAB TECHNICAL SERVICE Total net selling price, FOB shipping p nt, $734.00 Comments Tthis quote includes the four additional photelectric smoke detectors shown on SK -E2.21 F-1. There is an added detector in the following rooms: Hallway 212, Office 225, Office 226, and office 263.\ Standard exclusions from original system quotation apply to this quote. THIS QUOTATION AND ANY RESULTING CONTRACT SHALL BE SUBJECT TO THE GENERAL TERMS AND CONDITIONS ATTACHED HERETO. Fire, Security, Communications, Sales & Service Offices & Representatives in Principal Cities throughout North America tation expires in 30 days unless otherwise noted. Delivery ti s to be determined at time of ordering, unless otherwise noted. BILL OF MATERIAL L9 801 S. 13TH ST. Gr%4)aR. BOISE, ID. 83702 DATE: 5/1/2008 JOB NAME: Meridian City Hall TI PR# 5 COMPANY: Tri State ATTN: Jay FIXTURES QTY TYPE 2 PF 2 - 1 PF3 1 PF 3X -1 PF 5 -1 PF 5X 4 PF 6 1 PF 8X 1 PF 9 -5 GF 2 -1 GF 2X -2 RR 1 -2 SF 1X 1 LV SWITCH 1 POLE 1 LV SWITCH 6 POLE 1 DAYLIGHT SENSOR TEL: (208) 343-2594 FAX: (208) 433-8699 FROM THE QUOTATIONS DEPT. THERON NEWBOLT QUOTE# 170-08-206 1 A ONTROL PANEL CHANGE AS YOU SEE IT. T I $41025.00 Lot FIA Notes: It is too late to delete any fixtures. Nothing is beind deducted from price. Graybar Electric's std terms and conditions of sale apply. Terms and conditions available upon request. Prices FOB S/P, standard discount, unless noted. Lead time if required based on availability ARO. LF -170-01(3/24/2008) Page 1 MCH TI PR#5 email Ad l� - 0 SJ �� - /1 - "�� `' G�vtpl�f �3 % 971��;30 Tri State Electric Change Request Estimate Customer Information Company Name: Petra, Inc. Contact Name: Address: . TI, STATE Tom Coughlin 1097 North Rosario Street City: ELECTRIC Meridian State: Idaho Job Name: Meridian City Hall GC Tracking Number. TSE Tracking Number. # 610 Date: Aril 24, 2008 Description of Change: AS PER ASI #85, COR # 48, LOBBY FLOOR AND EXTERIOR POWER OUTLETS. (PLEASE NOTE THAT ALL ROOF JACKS AND PATCHING ARE TO BE BY OTHERS, NOT INCLUDED IN THIS PRICE.) aena __ a or Price per Material Labor Hours Labor Hours Material Description Qty UnR Unit Per Unit Unit Total Total 10 THHN CU STRANDED HOME RUNS 2073 224.59 M 7:50 M 15.55 $ 465.67 10 THHN CU STRANDED BRANCH WIRING 3153 224.59 M 7.50 M 23:65 $ 708.16 1/2 EMT 717 24.56 C 4.50 C 32.25 $ 176.02 3/4 EMT 644 46.73 C 5.00 C 32.18 $ 300.79 3/4 EMT CONN S/S 49 68.55 C 10.00 C 4.94 $ 33.84 1/2 EMT CONN S/SA 14 56.55 C 8.00 C 1.15 $ 8.11 3/4 EMT CONN S/S/I 3 91.36 C 10.00 C 0.30 $ 2.74 1/2 EMT COUP S/S 72 55.89 C 4.00 C 2.87 $ 40.06 3/4 EMT COUP S/S 64 84.31 C. 5.00C 3.22 $ 54.27 1/2 EMT 1 HOLE STP 72 8.93 C 4.00 C 2.67 $ 6.40 3/4 EMT 1 HOLE STP 74 11.95 C 4.00 C 2.97 $ 8,87 12 GA TERMINATION 54 0.00 X 0.07 E 3.78 $ GROUND SCREWM/IRE 18 17.14 C 0.10 E 1.80 $ 3.08 RED WIRE NUT 54 11.75 C 2.00 C 1.08 $ 6.35 1G WP RECEPT PLATE 18 10.87 E 20.00 C 3.60 $ 195.68 DPLX 20/3 GFCI 18 1,472.00 C 35.00 C 6.30 $ . 264.96 4/S BOX 2-1/8" DEEP 1 271.26 C 30.00 C 0.30 $ 2.71 4/S SG MUD RING 3/4"DP 1 368.52 C 15:00 C 0.15 $ 3.69 1G BELL BOX 3HUBS 1/2" 18 726.63 C 100.00 C 18.00 $ 130.79 POKE THRU FLR BX 1G H BRASS COVER 1 254.00 E 100.00 C 1.00 $ 254.00 MATERIAL DROP 1 75:00 E 0.00 $ 0.00 $ 75.00 CORE DRILL 1 125.00 E 0.00 $ 0.00 $ 125.00 �{ - Qty Rate Totals Joume)T22al 157.95 $ 52.00 $ Foreman 23:69 g 57.00 $43 General Foreman 15 79 62 00 C 1=•�iredlf�Olf�/ti`" .. - 01 ,, 8213.22 50.44 2 �. Subcontractor Material - - Subcontract Labor Total Subcontractor Price $ ,,.0=- zpe.5�a 1 a N(aterts ME a_.� m __._. - � Total Labor Price $ 10,542.94 Tri State Electric Representative Total Material Price Tax on Material $ $ 2,866.18 143.31 Name: JayGooden Subcontractor E Equipment Rental Title: Pro'ect Mana er/Estl Signature: for Subtotal Permit _L1 $ 67.76 Subtotal $ 13;620.19 OH&P 0 15% $ 2,043.03 Total Price $ 15,663.21 �� - /1 - "�� `' G�vtpl�f �3 % 971��;30 • 4;sr. - ef- q -Gar 4�S- Tri State Electric Change Request Estimate Customer Information Company Name: Contact Name: Address: City: State: Job Name: GC Tracking Number. TSE Tracking Number. Date: Petra, Inc. TIN fATE ELECTRIC Tom Coughlin 1097 North Rosario Street Meridian Idaho Meridian City Hall Plaza # 640 June 12, 2008 Description of Change: As per COR # 51 (ADD 2-1" PVC FOR FUTURE MONUMENT SIGN.) Description Material Price per Material Labor Hours Labor Qty Unit Unit Per Un I t ' Hours Total - Material Total 1 PVC 40 222 31.46 C 4.001 C 8.89 $ 69.94 1 PVC ELBOW 4 34.35 C I 35.00 C 1.40 $ 1.37 6X24 TRENCH 222 3.00 E 0.00 Q 0.00 $ 667.02 MATERIAL DROP 1. 50.00 E 0.001 $ 0.00 $ 50.00 Qty Rate Totals Joume man 10.291 $ 52.00 1 Foreman 1.54 $ 57.00 1 General Foreman 1.03 $ 62.00 1 $ $ $ 535.27 88.01 63.82 Subcontractor Material Subcontract Labor Total Subcontractor Price $ _ Total Labor Price $ 687.10 Name: Title: Total Material Price Tri State Electric Representative Tax on Material Subcontractor Jay Gooden Equipment Rental Project Manager/Estimator Subtotal $ $ $ 788.33 39.42 1,514.85 Signature: Permit -ti l),� � Subtotal OH&P @ 15% Total Price -$ $ $ $ 7.57 1,522.42 228.36 1,750.78 Tri State Electric Change Request Estimate Customer Information Company Name: Contact Name: Address: City: State: Job Name: GC Tracking Number: TSE Tracking Number. Date: Description of Change: Petra, Inc. .42 XELECTRIC THI STATE Tom Coughlin 1097 North Rosario Street Meridian Idaho Meridian City Nall _ # 610 June 6, 2008 AS PER COR # 62. (ADD HEAT TAPE) - -Imp. __ iot �ertai i3i!e�lCC1 �k - - Description Qpy Material Price per Material Unit Unit Labor Hours Per Unit Labor Unit Laor Hours Total Material Total 12 THHN CU STRANDED 448 146.36 M 6.00 M 2.69 $ 65.63 10 THHN CU STRANDED 282 224.59 M 7.50 M 2.11 $ 63.27 1/2 EMT 136 24.56 C 4.50 C 6.12 $ 33.38 3/4 EMT 64 46.73 C 5.00 C 3.20 $ 29.92 1/2 EMT CONN S/S/I 3 56.55 C 6.00 C 0.22 $ 1.54 3/4 EMT CONN S/S/I 1 91.36 C 10.00 C 0.13 $ 1.17 1/2 EMT COUP S/S 14 55.89 C 4.00 C 0.54 $ 7.60 3/4 EMT COUP S/S 6 84.31 C 5.00 C 0.32 $ 5.40 1/2 EMT 1 HOLE STP 14 8.93 C 4.00 C 0.54 $ 1.21 3/4 EMT 1 HOLE STP 6 11.95 C 4.00 C 0.26,$ 0.76 PMKG-JLP W/J BOX 4 .0.00 Q 1.25 E 5.00 $ - PMK-HSE2 END SEAL KIT 4 0.00 Q 0.35 E 1.40 $ - PMK-BLT LOW PROFILE TEE 4 0.00 Q 0.50 E 2.00 $ AMC -1 H 15-140 DEG 4 0.00 Q 0.50 E 2.00 $ - 8BTV2-CT 8W 240V 318 0.00 Q 12.00 C 38.16 $ SUPPLIER QUOTE 1 1,400.00 E 0.00 $ 0.00 $ 1,400.00 MATERIAL DROP 1 75.00 E 0.00 $ - 0.00 $ 75.00 EN --- Qty to Totais� Journeyman Foreman General Foreman 64.69 9.70 6.47 $ 52.00 $ 57.00 $ 62.00 $ $ $ 3,363.83 553.09 401.07 - -� - - -lIlCOR UP Subcontractor Material Subcontract Labor Total Subcontractor Price $ � _� --_-_ Total Labor Price $ 4,317.99 TO State Electric Representative Name: Jay Gooden Total Material Price Tax on Material Subcontractor Equipment Rental $ $ 1,684.88 84.24 Title: Project Manager/Estimator Signature: Ci Subtotal Permit $ $ 6,087.12 30.44 Subtotal OHBP @ 15% Total Price $ $ $ 6,117.56 917.63 7,035.19 • Jay Gooden From: Newbolt, Theron [Theron.Newbolt@graybar.com] Sent: Friday, June 06, 2008 2:26 PM To: Jay Gooden Cc: Newbolt, Theron Subject: MCH Heat Tape ok.._ know you are not doing a darn this.. so now you can do this Heat Tape Quote 318'240v 8w / ft Roof Tape 4 Starter / End Seal Kits 4 bads of Roof Clips 4 Down Spout Hanger Kits. $1400.00 Lot F/A PO Please... Theron Newbolt Graybar Electric Boise, ID Quotations Mgr. ph 208-343-2594 fax 208-433-8699 Note new email address change: theron. newbolt(a)graybar. com 6/6/2008 Page 1 of 1 n U A 4t) -1�- 10 (,p 0 LtGm-e fik� P-, 3'{FP TO State Electric Change Request Estimate Customer Information Company Name: Contact Name: Address: City: State: Job Name: GC Tracking Number: TSE Tracking Number: Date: Petra, Inc. `: - TIRI RATE ELECTRIC Tom Coughlin 1097 North Rosario Street Meridian Idaho Meridian City Hall #610 June 6, 2008 Description of Change: AS PER COR # 54. (FIXTURES ARE ALREADY ON SITE NO CREDIT). ---- _ - _ a 151 a or Price per Material Labor Hours Labor Hours Material Description Qty Unit Unit Per Unit Unit Total Total 12 THHN CU STRANDED -47 146.36 M 6.00 M -0.281$ 1/2 EMT -15 24.56 C 4.50 C -0.68 $ 3.68 1/2 EMT CONN S/S -2 42.12. C 8.00 C -0.12 $ (0.63 1/2 EMT COUP S/S -2 55.89 C 4.00 C -0.06 $ 0.84' 1/2 EMT 1 HOLE STP -2 8.93 C 4.00 C -0.06 $ 0.13 T -BAR HANGER -2 240.91 C 7.00 C -0.14 $ 4.82) 4' FLEX WHIP ASSEMBLY -2 0.00 Q 0.25 E -0.50 $ REC. CAN SMALL M.H. -2 0.00 Q 1.00 E -2.00 $ - 4/S BOX 1-1/2" DEEP -2 156.16 C 30.00 C -.0.60 $ 3.12 4/S BLANK COVER -2 119.871 C 8.00 C -0.161$ 2.40 FIXTURE RR 3 -2 0.001 0 0.00 $ - 0.00 $ - 6 Qty Rate Totals Journeyman 4.60 $ 52.00 $ 239.12 Foreman 0.69 $ 57.00 $ 39.32 General Foreman 0.46 $ 62.00 $ (28.51 t1lf`4tTtt`dr.BreaictigWA __ Subcontractor Material Subcontract Labor Total Subcontractor Price $ Total Labor Price $ (306.95) Tri State Electric Representative Name: Jay Gooden Title: Project Manager/Estimator Total Material Price Tax on Material Subcontractor Equipment Rental Subtotal $ $ $ 22.54 1.13 330.62 Signature: 1/ Permit Subtotal OH&P @ 15% Total Price $ $ $ $ 1.65) 332.27 jj9.84 (382.11 Gv d2 53 A 3f --` 107 PAku, i6,lialoe-, '0 od,s 2W �Zze Tri State Electric Change Request Estimate Customer Information Company Name: Contact Name: Address: City: State: Job Name: Petra, Inc, TH STATE k - ELECTRIC Tom Coughlin 1097 North Rosario Street Meridian Idaho Meridian City Hall GC Tracking Number: TSE Tracking Number: Date: Description of Change: #610 June 6, 2008 AS PER COR # 55 (ADJUST ELECTRICAL AS NEEDED.) -= FtaboalMaeralcowx y " - -- -- - - - - -- - - .......... _ Material Price per Material Description Qty Unit Unit a or Labor.Hours Labor Hours Per Unit Unit Total Material Total ADJUST ELECTRICAL AS NEEDED 1 0.00 M 2.00. E 2.00 $ Qty Rate Totals Journeyman Foreman General Foreman 2.00 $ 52.00 0.30 $ 57.00 0.20 $ 62.00 $ 104.00 $ 17.10 $ 12.40 Subcontractor Material Subcontract Labor Total Subcontractor Price $ _ t .� _. a a�AalteMal _�ftlhR1 = �__� _------.-_:: Total Labor Price $ 133.50 TO State Electric Representative Name: Jay Gooden Total Material Price Tax on Material Subcontractor Equipment Rental $ - $ - Title: Project Manager/Estimator Subtotal $ 133.50 ( Signature: Permit $ 0.67 Subtotal OH&P 0 15% Total Price $ 134.17 $ 20.13 $ 154.29 `7Z/ .. Tri State Electric Change Request Estimate Customer Information Company Name: Contact Name: Address City: State: Job Name: GC Tracking Number: TSE Tracking Number: Date: Description of Change: Petra, Inc. = TRI STATE ELECTRIC Tom Coughlin 1097 North Rosario Street Meridian - Idaho Meridian City Hall # 610 June 6, 2008 AS PER COR # 56. (ADD 2" RACEWAY FOR CABLE TV SERVICE.) [-'M-a na Labor Price per Material Labor Hours Labor Hours Description Qty Unit Unit Per Unit Unit Total Material Total 2 EMT 37 178.09 C8.00 C 2.94 $ 65.45 2 EMT CONN S/S/I 1 639.96 C 25.00 C 0.18 $ 4.70 2 EMT COUP S/S 4 566.67 C 9.00 C 0.33 $ 20.83 2 EMT 2 HOLE STL 4 45.01 C . 5.00 C 0.18 $ 1.65 2 PVC 40 85 67.22 C 4.50 C 3.83-$ 57.14 6X30 TRENCH 85 3.00 E 0.00 Q 0.00 $ 255.00 CORE DRILLING 1-1/4"-2" 1 88.55 E 0.35 E 0.35 $ 88.55 MATERIAL DROP 1 50.00 E 0.00 $ - 0.00 $ 50.00 4r P Qty Rate Totals Journeyman, 7.81. $ 52.00 $ Foreman 1.17 1 $ 57.00 $ General Foreman 0.78 1 It 62.00 $ 406.29 66.80 48.44 Subcontractor Material Subcontract Labor Total Subcontractor Price $ r�dabbleJVItBFi'dt Total Labor Price $ Total Material Price $ Tri State Electric Representative Tax on Material $ Subcontractor Name: Jay Gooden Equipment Rental 521.53 543.32 27.17 Title: Project Manager/Estimator Subtotal $ `• 1 Permit $ Signature 1,092.02 5.46 j Subtotal $ OH&P A 15% $ Total Price 1 $ 1,097.48 164.62 1,262.10 July 18, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT Finance Department ITEM NO. 6-E-2 REQUEST Custom Glass Change Order No. 1 for Additional Work to Existing Contract for New City Hall for a Not to Exceed Amount of $8,287.00 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. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • I�.VIIIV W\1+11 ■ 1"1NL1 Contractor is hereby directed to make gw folloWng clmnges fran We contract Domnerds and Puna .ription: Incorporate mv0fmw perASPs 81,100,102; PRM; Wall Caps @ Interior Walls (COR"") OTHER TERNS AND CONDITIONS REMAIN THE SME. $on for Changs Order. AddlNonal scope of MiSIOns Per Ikted ASPS, PR 8 Well Cape M Mt Walls Change Order Items DMWAPtlo% dated 8121108. with contractor quotes )riginal Contract Price $ 68,678.00 at dames form previous change Orders o.0tool 19,784.00 this Change Order. sinal Contract Tft m. SebSwal Compla ilon 8@8/08 changes form previous Change Orders — to _ (fir days) Times prior to this Change Order fts at dada) Net Increase of this Change Order Net increase (decease) of this Change Order. $8,287.00 (CsWnder days or dets) None Contract Price with aff Approved Change Orders: Contact Tineas with all Approved Change Orders: (calendar days) $98,749.00 Substantial Completion 8/28/2008 IMUWMENDED: (CONSTRUCTION Petra Inc. By: Thomas R. Coughlin Dade: /..ft 'ROVED: (CRY PU 7� Keith Watts F: 7 - ,ROVED: 'ROVED: (crM— i Mayor Tammy Wbo -7 tulle Glass APPROVAL Coy Clerk, Jay ce e Hohrran r —7.ao'4�f t�.� �, VCN A*,,,. • Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green, Stacy Kilchenmann, Council, Tom Coughlin Date: July 15 Re: July 22 City Council Department Report • JUL 16 2008 1�y,Of Meridian ef�Ece The Purchasing Department respectfully requests that the following item be placed on the July 22 City Council Agenda under Department Report. Custom Glass Change Order #2 Additional work per Architect's Supplemental Instructions "ASI's" 81. 100, 102: PR#01: Wallcaps t@- Interior Walls (COR#15). All work under this Change Order #2 will be completed pursuant to the existing Custom Glass contract dated July 17, 2007. Total contract amount is now $96,749.00. Budget for this contract is $54,679.00. Change Order Items included in this change order are a combination of City requested changes and additional work per above stated ASI's. Recommended Council Action: Approve Change Order #1 to Custom Glass for additional work per the attached, for a Not -To -Exceed amount of $8,287.00 authorize the Mayor to sign and' City Clerk to attest. Thank you for your consideration. • Page 1 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • CHANGE ORDER NO. 02 PROJECT NO. CH -06-001 DATE: 7/2/08 EFFECTIVE DATE: CONTRACTOR: CUSTOM GLASS 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 81, 100, 102; PR#01; Wall Caps @ Interior Walls (COR#15) ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope of revisions per listed ASI's, PR & Wall Caps @ Int. Walls Attachments: Change Order Items Description, dated 6/21/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 68,678.00 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) $19,784.00 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $88,462.00 8/28/2008 Net Increase of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) $8,287.00 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $96,749.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION MANA ) ACCEPTED: (CONT T R) Petra Inc. Custom Glass By: Thomas R. Coughlin By: Julie Warwic Date: -;;a/&/0 Date: 0 APPROVED: (CITY PURCH SI GENT) COUNCIL APPROVAL By: Keith Watts Date: 7—/,5—,68 —,6QCJ Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: OPOSED CHANGE ORDER No. 00002 323-4500 BOISE, IDAHO 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHON . ) 323-4500 • FAX: (208) 323-4507 TITLE: ASI & PR Pricing- Phase III ? DATE: 6/23/2008 PROJECT: Meridian City Hall � O� OB: 060675 TO: Attn: Julie Warwick NTRACT NO: 21 Custom Glass 254 Loop Street Caldwell, ID 83605 Phone: 208-454-0340 Fax: 208-454-0 RE: To: From: DESCRIPTION OF PROPOSAL 0.00% **All taxes are included in costs** 0.00% Item Description Quantity 00001 PR#01 Mayor Suite Revisions (RFP#01)- Revise 1.000 location & configuration of the Mayors Suite. Add exterior storefront doors at 3rd floor and minor interior frame glazing revisions. Custom Glass quote 3/28/08 00002 ASI#81 Second Floor Office Revisions (RFP#02)- 1.000 Revise & add office and conference space on 2nd Public Works & Fire Dept areas. Add one type E frame to Office #263. Custom Glass quote 6/18/08 00003 ASI#100 Door #225 & 226 Windows (COR#12)- 1.000 revise doors #225 & 226 to Type C, add windows. Custom Glass quote 6/18/08 00004 ASI#102 Sill Detail @ Doors 307 & 348 (COR#13)- 1.000 Revise window & door sill height at Doors 307 & 348 to allow for curb and future deck. Cut down & re -build doors, provide new glass. Custom Glass quote 6/6/08 00005 Walls Caps at Interior Walls (COR#15)- Furnish for 1.000 installation by others 10 ea. Anodized aluminum wall caps for interior walls abutting glass. Custom Glass quote 4/15/08 APPROVAL: X M -' moi% I Units LS LS LS LS . LS Metra 1 �porated _ J stom Glass Date: �$ Date: o Expedition Number: Unit Price Tax Rate Tax Amount Net Amount $5,600.00 0.00% $0.00 $5,600.00 $219.00 0.00% $85.00 0.00% $1,667.00 0.00% $716.00 0.00% Unit Cost: Unit Tax: Lump Sum: Lump Tax: 0% GC Markup: Total: $0.00 $219.00 $0.00 $85.00 $0.00 $1,667.00 $0.00 $716.00 $8,287.00 $0.00 $0.00 $0.00 $0.00 $8,287.00 Lombard Conrad Architects Date: MERIDIAN CITY HALL PROJECT NO: CH -06-001 -CUSTOM GLASS - Phase 3 (21) 06/21/08 CHANGE ORDER NO 2 CHANGE ORDER ITEMS 1 PR 01 Mayor Suite Revisions (RFP -01) 5,600.00 Revise location & configuration of the Mayors Suite. Add exterior storefront doors at 3rd floor and minor interior frame glazing revisions. Custom Glass quote 3/28/08 2 ASI 81 Second Floor Office Revisions (RFP -02) 219.00 Revise & add office and conference space on 2nd Public Works & Fire Dept areas. Add one type E frame to Office #263. Custom Glass quote 6/18/08 3 ASI 100 Door #225 & 226 Windows. (COR#12) Revise 85.00 doors #225 & 226 to Type C, add windows Custom Glass quote 6/18/08 4 ASI 102 Sill Detail @ Drs 307 & 348. (COR#13) 1,667.00 Revise window & door sill height at Doors 307 & 348 to allow for curb and future deck. Cut down & re -build doors, provide new glass. Custom Glass quote 6/6/08 5 Walls Caps at Interior Walls (COR#15) 716.00 Furnish for installation by others 10 ea. Anodized aluminum wall caps for interior walls abutting glass. Custom Glass quote 4/15/08 8,287.00 Page 1 of 1 V.O/LO/LUUO 11:01 DHA 4VOgO%UO71 �+UJ1VlII hLt�aA L �rGllltf LWVV1/ VVO 0l AAYl&`- ;501`eU/ To: Petra From: Julie Warwick Ext. 103 Attn: Tom Coglan pages: 3 Fwc Fac 208-4540391 Re: Meridian City Hall — PR 01 nate: 28 March 2008 ❑ Urgent ❑ For Review ❑ Please Comment Please Reply ❑ Please Recycle Tom: Please find attached my break out of costs for Proposal Request 01 for Meridian City Hall. As per our telephone conversation, the request notes that Door #351 and Frame Type G have been deleted, however, there is still a door into this office which has been relabeled 215 and it is still shown in a Type G frame. No credit has been given for the glazing for this frame. There were also other minor interior frame and glazing changes that were made on the floor plan that were not noted in the proposal request. These are minor and I have no cost changes for them. Lead time for these custom sized doors will be 6-8 weeks from date of order. Please notify me immediately if this proposal request is accepted. Thanks. VJ/ GO/ LVVO 11: J1 VAA 4VO4V'2Vov& ESTIMATE ANALYSIS FILE NAME: MERIDIAN CITY HALL - PR 01 • JOB NAME: MERIDIAN CITY HALL - PR 01 **** PAGE # 1 **** VUJlum "]'MOO rr JLnh CUSTOM GLASS INC. - SHEA MORGAN 208-454-0340 - FAX 208-4540391 28 -Mar -08 %WVVG/VVJ Print Page 1 PRODUCT DESCRIPTION WIDTH HEIGHT .S /FT C/PER SQ UNITS # COST 1'" OA UNIT 68 68 32.11 $7.12 -2 -$457.26 1/4" ATLANTICA HS %" AIR SPACE 1/4" SOLARBAN 60 LOW E ANNEALED 1'" OA UNIT 32 36 8.001 $8.29 2 $132.64 1/4" ATLANTICA TEMPERED 32 70 15.561 $8.29 2 $257.82 AIR SPACE 32 96 21.33 $8.29 2 $353.71 1/4" SOLARBAN 60 LOW E TEMPERED CREDITED GLASS IS FOR THE TWO TYPE 2 FRAMES THAT ARE BEING DELETED. ADDED GLASS IS FOR THE TWO TYPE CC FRAMES THAT ARE BEING ADDED. MINOR CHANGES MADE TO GLAZING FOR INTERIOR FRAMES - NO COST CHANGES. MATERIAL COSTS $286.90 FREIGHT 6% SALES TAX - $17.21 ADMINISTRATION LABOR MARGIN OF PROFIT % LABOR COST THIS PAGE $43.04 TOTAL COST THIS PAGE $347.15 COST FROM PAGE # 2 $5,153.07 'COST FROM PAGE # 3 COST FROM PAGE # 4 COST FROM PAGE # 5 COST FROM PAGE # 6 COST FROM PAGE #7 .SUBSISTENCE / BOOM CAULKING T TAL COST: $5,600.00 TOTAL ESTIMATE $100.00 $5,600.22 Vo/ GO/GVVV 11. O1 1•AA GV VRV4V.Jill ESTIMATE ANALYSIS FILE NAME: MERIDIAN CITY HALL - PR 01 JOB NAME: MERIDIAN CITY HALL - PR 01 **** PAGE # 2 **** vVV1VL1 VLAUJ ifell\A wj VVJ/ VVJ • CUSTOM GLASS INC. - A DON MORGAN 208-454-0340 - FAX 208-454-0391 28 -Mar -08 Print Page 2 PRODUCT DESCRIPTION WIDTH HEIGHT $Q/FT C/PER SQ UNITS # COST VISTAWALL QUOTE - DOORS & STOCK LENGTHS $2,931.00 1 $2,931.00 SARGENT 351 O/P9 CLOSER $145.00 2 $ SARGENT DROP PLATE $23.00 2 $ $4646.00 .00 MATERIAL INCLUDES DOORS, FRAMES AND ADDITIONAL STOCK LENGTHS REQUIRED TO REMOVE TWO TYPE 2 FRAMES AND ADD TWO TYPE CC FRAMES. LABOR IS ADDITIONAL LABOR REQUIRED TO INSTALL DOORS AND FRAMES IN LIEU OF WINDOWS. MATERIAL COSTS $3,267.00 $3,267.00 'FREIGHT 6 % SALES TAX $400.00 $196.02 ADMINISTRATION LABOR MARGIN OF PROFIT % $490.05 $800.00 LABOR COST THIS PAGE TOTAL THIS PAGE $5,153.071 -- . -."k t A, t11Vt1L I 313 FILE NAME: MERIDIAN CITY HALL - AS[ JOB NAME: MERIDIAN CITY HALL - ASI 10 **** PAGE # 1 **** GLASS AND GLAZING ADD ONE TYPE 1/4" CLEAR TEM 1/4" CLEAR ANN L COSTS TAX RATION LA] IF PROFIT AL COST FROM PAGE # 2 COST FROM PAGE # 3 COST FROM PAGE # 4 COST FROM PAGE # 5 COST FROM PAGE # 6 COST FROM PAGE #7 SUBSISTENCE / BOOM 8800 CUSTOM GLASS INC. - SIMON MORGAN 208-454-0340 - FAX 208-45W9I Print Page 1 18 -Jun -08 UNITS # 14 36 3.50 $2.60 1 14 54 5.25 $2.60 1 14 20 1.94 $2.00 1 36 20 5.00 $2.00 3 TOTAL ESTIMATE $9.10 $30.00 $56.64 $8.50 ld3 Toe Petra, Inc. '46,-r m �. From: Julie Warwick Ext. 103 Attn: Tom Coughlin Pages: 1 Fax: Fax 208-454-0391 Re: RFP 002 — ASI 81 Date: 28 April 2008 ❑ Urgent 0 For Review ❑ Please Comment Please Reply ❑ Please Recycle Tom: I am trying to put together pricing for the above -referenced proposal, however, I need some information. Offices #225 and 226 are being added, however, ASI #81 SK -1 does not show the door frame type in these offices. I also do not see a revised door schedule that includes door type or frame type or an elevation drawing. - Please advise of the door and frame types so that I can complete the pricing_ Thanks. L.J 1.11v1t1 1 L t"Will 1310 FILE NAME% MERIDIAN CITY HALL - ASI I JOB NAME: MERIDIAN CITY HALL - ASI 10s **** PAGE # 1 **** GLASS AND GLAZING PRODUCT DESCRIPTION REVISE DOORS 4225 AND #226 TO BE BYPE "C" 1/4" CLEAR TEMPERED SINCE T. FIRE RA THE EDO SE S( E RA MATERIAL COSTS FREIGHT 6% SALES TAX ADMINISTRATION LABOR MARGIN OF PROFIT % LABOR COST THIS PAGE TOTAL COST THIS PAGE COST FROM PAGE # 2 COST FROM PAGE # 3 COST FROM PAGE # 4 COST FROM PAGE # 5 COST FROM PAGE # 6 COST FROM PAGE #7 SUBSISTENCE / BOOM NO -FED TO BE S USED IS LRE TO BE FIR TICAN ASI 100 - TOTAL COST: $85.00 CUSTOM GLASS INC. - SHEL ON MORGAN 208-454-0340 - FAX 208-454-0 Print Page 1 18 -Jun -08 PION BID ADDENDUMS RECEIVED X00 H HEIGHT SQ/FT C/PER SQ UNITS # COST 22 36 5.50 $2.60 2 TIR 4n / —z' TOTAL ESTIMATE. $1.72 I 06/06/2008 17,:12 FAX 208454039 CUSTOM GLASS Authorized Distributor of Horton Automatic Doors Commercial Store Fronts and Glazing 0001/002 To: Petra From: David Larsen Attn: Tom Coughlin Fax: 323.4507 Pages: 1 total including cover Phone: 323.4500 Date: June 6, 2008 Job: Meridian City Hall — ASI 102 CC: ❑ Urgent 0 For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Please see attached cost break down of work associated with ASI 102. T I Cost: David Larsen 06/06/20.08 17:12 FAX 2084540391 ESTIMATE ANALYSIS • FILE NAME: Meridian City Hall - ASI 102 JOB NAME: ssss venC � 1 ssss PRODUCT DESCRIPTION ASI -102 Revise height of window type CC to 818" LABOR Dissassemble existing doors Cut Door Down Re -weld existing doors Cut down frame New Glass I" OA unit - 1/4" Atlantica - %i' as - 1/4" S( 1" OA unit - 1/4" Atlantica - %:" as - 1/4" S( I MATERIAL COSTS MARGIN OF PROFIT % LABOR COST THIS PA( TOTAL COST THIS PA( COST FROM PAGE # 2 COST FROM PAGE # 3 COST FROM PAGE # 4 COST FROM PAGE # 5 COST FROM PAGE # 6 COST FROM PAGE #7 SUBSISTENCE / BOOM CUSTOM GLASS • 8002/002 CUSTOM GLASS INC. - SHELDON MORGAN 208-454-0340 - FAX 208-454-0391 L Print Page 1 06 -Jun -08 WIDTH IH COST sl 66 14.67 $8.29 2 $243. 32 92 20.44 $8.29 2 .$338. $150.00 2 einn $882.14 1,667.39 TOTAL ESTIMATE 1 $1,667.39 To: Petra From: Julie Warwick Ext 103 Attn: Tom Couglin Pages: 2 Fax Fac 208-454-0391 Re: Meridian City Hall Date: 15 April 2008 ❑ Urgent ❑ For Review ❑ Please Comment Please Reply ❑ Please Recycle Tom: Attached are costs for the wall caps that we previously furnished for this project. Please issue a change order. Thanks. ESTIMATEANALYSIS CUSTOM GLASS INC. - SHE MORGAN FILE NAME: MERIDIAN CITY HALL - WALLOS 208-454-0340 - FAX 208-454-039-r } Print Page 1 L— JOB NAME: MERIDIAN CITY HALL - WALL CAPS **** PAUL # 1 **** 15 -Apr -08 PRODUCT DESCRIPTION WIDTH HEIGHT. SQ/FT C/PER SQ UNITS # COST 'FURNISH ONLY -10 WALL. CAPS. .040 CLEAR ANODIZED 8 120 6.67 $4.85 10 $323.33 LABOR TO BEND $15.00 10 $150.00 LABOR IS TO DELIVER MATERIAL TO BE BENT AND TO PICK UP AFTERWARDS. MA'T'ERIAL COSTS $473.33 FREIGHT 6% SALES TAX $28.40' ADMINISTRATION LABOR e $23.67 MARGIN OF PROFIT %"' ; : $71.00 LABOR COST THIS PAGE'' $120.00 TOTAL COST THIS PAGE $716.40 COST FROM PAGE # 2 COST FROM PAGE. # 3 COST FROM PAGE # 4 COST FROM PAGE # 5 COST FROM PAGE # 6 COST FROM PAGE #7 SUBSISTENCE / BOOM CAULKING TOTAL COST: $716.00 TOTAL ESTIMATE $7i'(►:40 • 0 July 18, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT Finance Department ITEM NO. 6-E-3 REQUEST SBI Contracting Change Order No. 1 for Additional Work to Existing Contract for New City Hall for a Not to Exceed Amount of $365.00 AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY I CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83"2 CONTRACT CHANGE ORDER CHANGE ORDER NO. 01 PROJECT NO. CH -06.001 DATE: 7?= EFFECTIVE DATE: CONTRACTOR: 881 Contracting PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvement The Contractor Is hereby directed to make ft following .ehangesfoam the COMM, Dactumm% and Pians. Descriptilow. Incorporate rsvislons perASl's 36,41,3r% goR2 a PR/81 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME Reasm for CII Order. Additional scope of revtlom per listed ASft and PRd01 AUschments: Change Order Items Description, dated GWK with contractor quotes CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES: Original Contract Price $110,000.00 Original Contract Tbnes: Substantial Completion 828/08 Net changes form previous Charge Orders Net changes form previous Change Orders No. 0 to 0 $-0— No._to, (wwdw fts) None Contract Price Prior to thbi Change Ordw. Contract Tl tree prior to this Change Order $110,000.00 (calendar dqe or deft) eQ&2= Net Increase of this Charge Order Net Increase (decrease) of this Charge Order. $365.00 (wtendW yep or d9tB) None Contract Price with all Approved Change Orders: Contract Tbnas with allApproved Change Orders: $110,366.00 ( �) Subslantlal Completion Yrcme RECOMMENDED: (CONSTRUCTION ACCEPTED: (CONTRACTOR) Petra Inc. SBI Contracfi By: Thomas C)u hM Date: d$ Dom. APPROVED: (CRY PUR ENT) COUNCIL APPROVAL Pj W. Keith Waifs Date: ^� /-� — V ,,tar,ir,,,., 7 ate: %,#;4OF , • APPROVED: TTEST: �� By* Mayor TWeerd Date: �7.p; By: coy clerk, D7 Dat '7 ,� y z IrSEAL �ry 1�NV SIT 1 nay out JUL 16 2008 City Of Meridian City Clerk Office Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green, Stacy Kilchenmann, Council, Tom Coughlin Date: July 15 Re: July 22 City Council Department Report The Purchasing Department respectfully requests that the following item be placed on the July 22 City Council Agenda under Department Report. SBI Contracting Change Order #1 Additional work per Architect's Supplemental Instructions "ASI's" 36, 41, 35, 90R2, & PR#01. All work under this Change Order #1 will be completed pursuant to the existing SBI Contracting contract dated July 17, 2007. Total contract amount is now $110,365.00. Budget for this contract is $21,625.00. Change Order Items included in this change order are a combination of City requested changes and additional work per above stated ASI's. Recommended Council Action: Approve Change Order #1 to Custom Glass for additional work per the attached, for a Not -To -Exceed amount of $365.00 authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 0 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER i CHANGE ORDER NO. 01 PROJECT NO. CH -06-001 DATE: 7/2/08 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's 36, 41, 35, 90R2 & PR#01 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope of revisions per listed ASI's and PR#01 Attachments: Change Order Items Description, dated 6/2/08, 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 0 No._ to _ (calendar days) $ --0-- None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $110,000.00 8/28/2008 Net Increase of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) $365.00 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $110,365.00 Substantial Completion )82 12008 RECOMMENDED: (CONSTRUCTIONG ) ACCEPTED: (CONTRACTOR) Petra Inc. SBI Contracting By: Thomas R. Cou hlin By. -7- 7 -APPDate: Date: APPROVED: ROVED: (CITY PU� SI GENT) COUNCIL APPROVAL By: Keith Watts Date: 7_ .S _ 0 Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: WWnPOSED CHANGE ORDER PETR No. 00001 323-4500 f BOISE; IDAHO `Dhv 101. 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI & PR Pricing- Phase III DATE: 6/3/2008 PROJECT: Meridian City Hall JOB: 060675 TO: Attn: Bob Gaige CONTRACT NO:C14 SBI Contractingmail: 228 E. Plaza #193 Phys:11400 W Exec. Dr. Ste. A, Boise Eagle; ID 83616 Phone: 208-376-5200 Fax:208-376-5201 I�� To: From: Number: DESCRIPTION'.OF: PROPOSAL : $365.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: **All taxes are included in costs** 0% GC Markup: $0.00 . Total: $365.00 Item Description Quantity Units Unit Price Tax Rate Tax. Amount Net.Amount 00001 PR#01 Mayor Suite Revisions (RFP#01)- Revise 1.000 LS ($335.00) 0.00% $0.00 ($335.00) location & configuration of the Mayors Suite. Delete toilet room accessories in Rm.344. SBI quote 3/26/08 C 2 ASI#36 Elevator Equipment Rms (COR#01)- 1.000 LS $215.00 0.00% $0.00 $215.00 Furnish & install two wall hung fire extinguishers. SBI quote 10/22/07 00003 ASI#41 Delete Shower Rms 225 & 226 (COR#02)- 1.000 LS ($500.00) 0.00% $0.00 ($500.00) Delete toilet accessories from shower rooms 225 & 226. SBI quote 11/28/07 00004 ASI#35 Loading Dock (COR#03)- Provide and 1.000 LS $985.00 0.00% $0.00 $985.00 install dock bumpers as shown. SBI quote 4/4/08 00005 ASI#90R2 Finish Legend Color Selections 1.000 LS $0.00 0.00% $0.00 $0.00 (COR#05) APPROVAL: '-_ _. fl: i Petra Inc p ratedS I Con ratting Date: Date: �L Expedition Unit Cost: $365.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0% GC Markup: $0.00 . Total: $365.00 By: Lombard Conrad Architects Date: n I I `b$ MERIDIAN CITY HALL j PROJECT NO: CH -06-001 SBI CONTRACTING - Phase 3 (27) 06/02/08 CHANGE ORDER NO 1 $ 365.00 Page 1 of 1 CHANGE ORDER ITEMS ASI & RFI Changes 1 PR 01 Mayor Suite Revisions (RFP -01) (335.00) Revise location & configuration of the Mayors Suite. Delete toilet room accessories in Rm 344. SBI quote 3/26/08 2 ASI 36 Elevator Equipment Rms (COR#01) 215.00 Furnish & install two wall hung fire extinguishers. SBI quote 10/22/07 3 ASI 41 Delete Shower Rms 225 & 226. (COR#02) (500.00) Delete toilet accessories from Shower Rooms 225 & 226. SBI quote 11/28/07 4 ASI 35 Loading Dock (COR#03). Provide and install dock 985.00 bumpers as shown. SBI quote 4/4/08 5 ASI 9082 Finish Legend Color Selections (COR#05) 0.00 $ 365.00 Page 1 of 1 vVI LVI LvvV .r�V ...r• ........ �.. ..rv. ....r { Mailing Address: Ship To Address: 228 E. Plaza, #193 Phone: (208) 376-5200 11760 W. Executive Drive, Ste 140 Eagle, ID 83616 Fax: (208) 376-5201 Boise, ID 83713 Public works 14744-B-4(10150) Contractor: Petra Inc. Project: Meridian City Hall Date: 3-26-08 Addenda: 0 PROPOSAL Sales Tax Included �L C<< PR #1 Tom: Please call with any questions, Thank you!'! Bob 1 -Delete Toilet Room Accessories @ Restroom 344 ($285.00) Deduct labor for above ($ 50,00) C 3'6_ -- EXCLUSIONS: backing, blocking, bond, liquidated damages (unless caused by SI3/ Contracting, Inc.), installation of owner provided items, cutouts for recessed Items. All first time orders are COD or upon approved credit, price good for 30 days SEE BACK FOR IMPORTANT TERMS AND CONDITIONS TERMS: C.O.D. NET 10 UPON APPROVED CREDIT Please sign and return one copy Company Name: ACCEPTED BY: SBI Contracting, Inc. Date: Signature: Mailing Address: Ship To Address: 228 E. Plaza, #193 Phone: (208) 376-5200 11400 W. Executive Drive, Ste A Eagle, ID 83616 Fax: (208) 376-5201 Boise, FD 83704 Public works 14744-6-4(10150) Contractor: Petra Incorp. Project: Meridian City Hall Date: 10-22-07 Addenda: 0 PROPOSAL Sales Tax Included �o A, k,( ASI 36 Please call with any questions, Thank you!! Bob 2- Fire Extinguishers, Wall Hung Add $ 165.00 Add for labor to install $ 50.00 EXCLUSIONS: backing, blocking, bond, liquidated damages (unless caused by SBI Contracting, Inc.), installation of owner provided items, cutouts for recessed items. All fist time orders are COD or upon approved .credi4 price good for 30 days SEE BACK FOR IMPORTANT TERMS AND CONDITIONS TERMS: C.O.D. NET 10 UPON APPROVED CREDIT Please sign and return one copy Company Name: ACCEPTED BY: SBI Contracting, Inc. Date: 06---r,j w caa :1�Z. Mailing Address: Ship To Address: 228 E. Plaza, #193 Phone: (208) 376-5200 11400 W. Executive Drive, .Ste A Eagle, ID 83616 Fax: (208) 376-5201 Boise, ID 83704 Public works 14744-B-4(10150) . Contractor: Petra Corp. Project. Meridian City Hall Date: 11-2807 Addenda: 0 PROPOSAL Sales Tax Included ASI #41 Deduct Toilet Room Accessories from Showers 225 & 226 < $ 500.00 EXCLUSIONS: backing, blocking, bond, liquidated damages (unless caused by SBI qj Contracting, Inc.), Installation of owner provided items, cutouts for recessed items. C. All first time orders are COD or upon approved credit, price good for 30 days SEE BACK FOR IMPORTANT TERMS AND CONDITIONS TERMS: C.O.D._^ NET 10 UPON APPROVED CREDIT Please sign and return one copy Company Name: ACCEPTED BY: SBI Contracting, Inc. Date: Signature Mailing Address: Shin To Address: Ga k 03 228 E. Plaza, #193 Phone: (208). 376-5200 11760 W. Executive Drive, Ste 140 Eagle, ID 83616 Fax: (208)'376-5201 Boise, ID 83713 Public works 14744-B-4(10150) Contractor. Petra Corp. Project: Meridan City Hail Date: 4-4-08 Addenda: 0 PROPOSAL Sales Tax Included ASI -3S 1 -Dock Bumper 36" Horz. & 2 -Dock Bumpers 18" Vertical $ 685.00 . Add to install the above $ 300.00 C EXCLUSIONS. backing, --blocking, bond, liquidated damages (unless caused by SBI Contracting, Inc.), installation of owner provided items, cutoufs for recessed Items. All first time orders are COD or upon approved credi4 price good for 30 days SEE BACK FOR IMPORTANT TERMS AND COMMONS TERMS: C.O.D. NET 14 UPON APPROVED CREDIT Please sign and return one copy Company Name: .ACCEPTED BY: SBI Contracting, Inc. Date: Signature July 18, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT Finance Department ITEM NO. 6-E-4 REQUEST Schumacher & Company Change Order No. 1 for Additional Work to Existing Contract for New City Hall for a Not to Exceed Amount of $6,039.00 AGENCY COMMENTS CITY CLERK: See affached 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: Dater 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 83842 RANGE ORDER NO. 01 JUL 03 PROJECT N0. CHS CONTRACT CHANGE ORDER CONTRACTOR: SCHUMACHER & COMPANY PROJECT: MERIDIAN CITY HALL - Phase 3 Tenant Improvements The Contractor Is hereby dkected to make the following changes horn the Contract Documents and Piano. Description: InaorPorate revlSions per ABI's 87, 79, 81, 9082 & PFAM per attached PC08't, dated 6a21/0S ALL OTHER TERNS AND CONDRIONS REMAIN THE SAME Reason for Change Order. Addltloml scope of rwAslons per hated ASKS and FOR Aft clunents: Change Order Items Description, dated 5=08, with contractor quotes CHANGE IN CONTRACT PIECE: CHANGE IN CONTRACT TIMES: Original Co, 1b Price $110,853.00 Original Contract Tines: Substentiol Completion 8/28/08 Net changes form pies Change Orders Net changes torn prevfars Change Orders NO.0 too No._ to _ (wwdwdars) $ —0— None Contract Price Prior to this Change Order. Contract Thh m prior to this Chartge Order. $110,953.00 8R8/Z008 Net Increase (decrease) of this Change Order. Net Increase (decrease) of this Change Order. (o dap or d a) $6,039.00 None Contrec t Price with all Approved Change Orders: Contract Trines with all Approved Change Orders $116,882.00 ( dam) Substantial Completion 8t'Z8/2008 RECOMMENDED: (COMMUCTION ACCEPTED: (CONTPAM#j Petra Inc. Schumacher & Co. Thomas Co 9 BY Tag Gibson Date. �8 Date: APPROVED: (CirY Pu COUNCIL APPROVAL Br: Keith watts Date 7 - !$ -�8 I- �'1 _ 1�: '•05. 0 OFAPP ROVE ATTEST: Of By: Mayor Tamlyde v Data: �% f�0 W. city clerk jq= ` -7 a fill" V" V • Memo To: Jaycee Holman, City Clerk r� From: Keith Watts, Purchasing Agent CC: Tara Green, Stacy Kilchenmann, Council, Tom Coughlin Date: July 15 Re: July 22 City Council Department Report JUL 16 2008 City Of Meridian City Clerk Office The Purchasing Department respectfully requests that the following item be placed on the July 22 City Council Agenda under Department Report. Schumacher & Company Change Order #1 Additional work per Architect's Supplemental Instructions "ASI's" 67, 79, 81 90R2 & PR#01 per attached PCO#1 dated 5/21/08. All work under this Change Order #1 will be completed pursuant to the existing Schumacher & Company contract dated July 17, 2007. Total contract amount is now $116,992.00. Budget for this contract is $65,760.00. Change Order Items included in this change order are a combination of City requested changes and additional work per above stated ASI's. Recommended Council Action: Approve Change Order #1 to Schumacher & Company for additional work per the attached, for a Not -To -Exceed amount of $6,039.00 authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 .n9'ps�y� CITY OF MERIDIAN �^ 45P`'�HANGE ORDER NO. 01 33 EAST IDAHO JUL 0 3 7008 IPROJECT NO. C MERIDIAN, ID 83642 DATE: 06/1 .F3 ffi� L ]Pq M C iVE 1 CONTRACT CHANGE ORDER CONTRACTOR: SCHUMACHER & COMPANY 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 perASI's 67, 79, 81, 90R2 & PR#01 per attached PCO#1, dated 5/21/08 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope of revisions per listed ASI's and PR Attachments: Change Order Items Description, dated 5/20/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $110,953.00 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 -- None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $110,953.00 8/28/2008 Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) $6,039.00 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $116,992.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION GER ACCEPTED: (CONTRACTOR) Petra Inc. Schumacher & Co. By: Thomas R. Coughlin Date: 68 By: Tag Gibson / Date: APPROVED: (CITY PURCHA N GE T) COUNCIL APPROVAL By: Keith Watts Date: -7- 1S -v8 Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: POSED CHANGE ORDER No. 00001 323-4500 N BOISE, IDAHO 1097 N. ROSARIO STREET • MERIDIAN, ID 83642_• PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI & PR Pricing Phase III is �t DATE: 5/21/2008 PROJECT: Meridian City Hall' `- ,OB: 060675 TO: Attn: Tag Gibson ? CONTRACT NO: 26 Schumacher & Company Inc - 3707 E Pine St. Meridian, ID 83642 Phone: 208-375-6363 Fax: 208-375-6398 RE: To: From: DESCRIPTION OF PROPOSAL $6,039.00 **All taxes are included in costs** $0.00 Item Description Quantity 00001 ASI#67 Basement Shower Dimension Clarifications 1.000 Total: (COR#03) 00002 ASI#79 Ceramic Tile Color & Bullnose (COR#04)- 1.000 Add trim pieces at top of wainscot & outside comers. Schumacher Tile quote 4/28/08 00003 PR#01 Mayors Suite Revisions (RFP#01)- Revise 1.000 location & configuration of the Mayors Suite. Delete restroom tile. Schumacher Tile quote 3/25/08 00004 ASI#81 Second Floor Office Revisions (RFP#02)- 1.000 Revise & add office and conference space on 2nd Public Works & Fire Dept areas. 00005 ASI#90R2 Finish Legend Color Selections 1.000 (COR#06) APPROVAL: By: Date: Expedition Units LS LS LS LS Number: Unit Price Tax Rate Tax Amount Net Amount $0.00 0.00% $0.00 $0.00 $7,874.00 0.00% $0.00 $7,874.00 ($1,835.00) 0.00% $0.00 ($1,835.00) $0.00 0.00% $0.00 $0.00 LS $0.00 0.00% $0.00 D�111dT JUL 0 8 2008 $0.00 Unit Cost: $6,039.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0% GC Markup: $0.00 Total: $6,039.00 By: By: oil Sch coacher & Company Inc Lombard Conrad Architects Date: 6 Date: (0 11 lots MERIDIAN CITY HALL. . • PROJECT NO: CH -06-001 SCHUMACHER TILE & STONE - Phase 3 (26) 05/20/08 CHANGE ORDER NO 1 CHANGE ORDER ITEMS 1 ASI 67 Bsmt Shower Dimension Clarifications (COR#03) 0.00 2 ASI 79 Ceramic Tile Color & Bullnose (COR#04) 7,874.00 Add trim pieces at top of wainscot & outside corners. Sch Tile quote 4/28/08 2 PR 01 Mayor Suite Revisions (RFP -01) (1.835.00) Revise location & configuration of the Mayors Suite. Delete restroom tile. Sch Tile quote 3/25/08 3 ASI 81 Second Floor Office:Revisions (RFP -02) 0.00 Revise & add office and conference space on 2nd Public Works & Fire Dept areas. 4 ASI 90R2 Finish Legend Color Selections (COR906) Page 1 of 1 0.00 6,039.00 Design & APRIL 28, 2008 TO: PETRA, INCORPORATED ATT: TOM COUGHLIN PROJECT: MERIDIAN CITY HALL CHANGE ORDER PER ASI #79 • :her CERAMIC TILE: CT -3 MATTE VANILLA #0051 TRIM PIECES ' INSTALLATION INCLUDED '2 pct MATERIALS: S 5,612.00 LABOR: $1,230.00 TAX- S 277.00 yjI t f PROFIT: S 760.00 THANK YOU FOR YOUR BUSINESS TAG GIBSON 713-4300 CELL TAG(-STSIDAHO.COM Commercial Division 3707 E. Pine Ave. Meridian, ID 8364.2 Office: (208)375-6363 Fax: (208)37563.98 VW L,Lf CUUO U f. 14 4000 f UOJ.90 95/12/2008 1U0N 7:52 FAX 208 323 4507 tetra ioc: rHut 01/01 CHANGE ORDER REQUEST No. 00005 1097 N. Rab W STREET * iOtI01APi, ID 83642 * PHOT-; (208) 3234500 • FAX: (208) 3234507 TIT U.- ASI -90R Finish Legend Color Select DATE; 5/9/2-008 PR03EC.T: Meridian City Hall JOB: 060675 TO: Attn: Tag Gibson CONTRACT NO: 26• Schumacher & Company Inc 3707 E Pine St. Meridian, ID 83642 Phone: 208-375-6363 Fax: 208-37S-6398 RM COR To: ANWALL IMM: PEM Number. 00035 IoEgt-RIPiit'N OF PROPOML'%'-•. r ASI - 9OR Finish Legend Oolor Selections Rnish Legend: See the attached Finish Legend for all intetfor maWk* color selecdom Rel': Finish Legend, dated 4/23/08. This replaces the ASI -90 sent previously. If you have any additional questions on color selections for materials contact 3acic Vaughn at the job site office. Review the attached for any change to our scope of work and respond within five woridng days. Respond even if this is a no cost change. APPROVAL: W Qatc: E�edhion Unit Coll~ $0.00 Unlit tax: $0.00 Lump sunt: $0.00 GC tnartwp; $0.00 Lump Tax: $0.00 Total: $0.00 By: Tas Olson Date: �" 03/25/2008 06:03 2083756398 SCHUMACFER & CO. PAGE 01/01 ADL Design flooring Specialist—1nduding Granite Marble fabrication MARCH 2S, 2008 TO: PETRA, INCORPORATED PROJECT: MERIDIAN CITY HALL PRICE REQUEST #1 ' DEDUCT: S 1,835.00 FOR CERAMIC TILE IN ROOM. 344 THANK YOU FOR YOUR BUSINESS TAG GiBSON 713-4300 CELL ' TAG(UTSTDAHO.COM A _ q; � ,� F% —.•5a�,�, �'A�, �„ _ � X66 t�,. _.may 6 .y '�c�fi t� ID 83642 5-6398 Vf3/10/zvv* jLnv JL0:lG me 4U* Ciao ftovr rt;O�r:s JKJ.U. • 1P 961 "If vvo CHANGE ORDER REQUEST NO, 00006 To k 1097 M. RMMO STREET • MMMM ID 83642 • MOW-, OM $23-4500 PAX (208) 323-4907 TITLE: ASI -9082 Finish Legend Color Select DATE: 5/15/2M ._ PROMM, Meridian City Hall JOB: 060675 T0: Attn; Tag Gibson CONTRACT NO: 26 Schumacher & Company Inc 3707 E Pine SL Merman, ID 83642 Phone: 208-375-6363 Pax: 208-375-6398 � I CXR1TO' AMWALL gym' PEM Nor: 00037 ��►} �,,{, A• -•�•+���,, •.. �'Ji �.�: �..1� � .•J��N�`i ��J4 J� �J• .C��1�.L:.y%..( i:1 � �'K •s•.^� �•i _ ASI ' 90R2 F(11sti WfW r.. _ .'..::::.fir-�+.�• .. �. ;c.��.i�%'s�'.'°.�.- ,`_77 ;r:?.��sS.dJ^�;•� • _ �.• Legend Sel cw%s - REVISE COLOR LEGEND anbh Legend: See the attached Fmish Legend For an Mrior nmatedals color selections. Rei finish Legend, dated 5/13/08. This reptaces the ASI -90 & 90R sent previously. If you have any additional questions on color sekKbom for materials contact ]ack Vaughn at the job sfe office. PO4ew the afzad*d for any longe fA our scope of work and msmW within ftve woddng days. Respond even IF this M a no cast diange. thtit cost: $0A0 un!tTwa $0,00 Lump Stam: $0.00 GC madvAp-, 0.00 Lu X0,00 Total. $OAO • July 18, 2008 • Department Reports MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT Finance Department ITEM NO. 6-E-5 REQUEST Simplex Grinnell Change Order No. 3 for Additional Work to Existing Contract for New City Hall for a Not to Exceed Amount of $2,136.26 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 affached 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 83942 CONTRACT CHANGE ORDER CHANGE ORDER NO. 03 PROTECT NO. CH416401 DATE 7-2-M EFF aym— DATE -- ..�•••••�. %191 r rwsy - mases Tenant Improvements The Conthhrotor Is hers► directed to make the foltwMng changes f1om the Com Documents and Pkm Description: Incorporate revisions per Aare a1, 4107 OTHER TERMS AND CONDITIONS REMAIN 711E SAME hon for Change Order Addtional scope & revision per Isted ASrs Change Omer Item List, dated 621/08, with contractor quotes Original Contract Price $ 412,879.0 Net changes fmm Previous Change priers No 01 to 02 $22,417.28 Contract Price Prior to this Change Order. Ort hal Contrail Times: SubstaNal CompWon 8/28!08 Net changes form previous Change Or6re No._ to _ (eelWderdaya) None Contract Mmss prior to this Change Order days or daft) Net Increase of the Change Order. Net Increase (decrease) of this Change Order: (days ar daft) $Z136.26 None Conbact Price wfth all Approved Change orders: Contract Times wfth all Approved Change Orders: 5437 ,432.52 (rte)r— Substandal ComplWon f9eaM Petra Inc.I/imptex/Grinne�`� By es ThornCoughlin Q e 40.4 Date:/��dv met +7 APPROVED: (CITY PUR COUNCIL APPROVAL By. Keith Watts Date: 7 -' (S -0 Dais: 1 ,,•�`�J1�( APPROVED: rcrnn _ ._� �• CRY Clerk. siayoee Holman • Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green, Stacy Kilchenmann, Council, Tom Coughlin Date: July 15 Re: July 22 City Council Department Report IkECEIVED JUL 16 2008 City Of Meridian City Clerk Office The Purchasing Department respectfully requests that the following item be placed on the July 22 City Council Agenda under Department Report. Simplex Grinnell Change Order #3 Additional work per Architect's Supplemental Instructions "ASI's" 81. 93, & 107. All work under this Change Order #3 will be completed pursuant to the existing Simplex Grinnell contract dated July 17, 2007. Total contract amount is now $437,432.52. Budget for this contract is $415,000.00. Change Order Items included in this change order are a combination of City requested, changes and additional work per above stated ASI's. Recommended Council Action: Approve Change Order #3 to Simplex Grinnell for additional work per the attached, for a Not -To -Exceed amount of $2,136.26 authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • CHANGE ORDER NO. 03 PROJECT NO. CH -06-001 DATE: 7-2-08 EFFECTIVE DATE: %,vry i MIAU i um.- JIIYIII'LtJC cjKINNLLL 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 81, 93, 107 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope & revisions per listed ASI's Attachments: Change Order Item List, dated 6/21/08, 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 Change Orders Net changes form previous Change Orders No 01 to 02 $22.,417.26 No._ to _ (calendar days) None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: $435, 296.26 (calendar days or date) 8/28/2008 Net Increase of this Change Order: Net Increase (decrease) of this Change Order: $2,136.26 (calendar days or date) None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: $437,432.52 (calendar days) Substantial Completion 28/ 08 RECOMMENDED: (CONSTRUCTIO Petra Inc. ACCEPTED: (CONTRAC . V Simplex/Grinne� / By: Thomas Coughlin Date: ������ By:. v f Date: APPROVED: (CITY PURCH A EN COUNCIL APPROVAL By: Keith Watts Date: 7 — 1 --- Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: epDEOPOSED CHANGE ORDER TRA No. 00003 323-4500 BOISE, IDAHO 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI Pricing- Phase III DATE: 6/23/2008 PROJECT: Meridian City Hall JOB: 060675 TO: Attn: Brad Bettencourt CONTRACT NO: 31 Simplex Grinnell LP 12443 West Executive Drive Boise, ID 83713 Phone: 208-376-2111 Fax: 208-376-2192 RE: To: DESCRIPTION OF PROPOSAL "All taxes are included in costs" Item Description 00001 ASI#81 Second Floor Office Revisions (RFP#2)- Revise & add office and conference space on 2nd Public Works & Fire Dept areas. Simplex/Grinnell quote 4/30/08 00002 ASI#93 Add wall to Rm 257 (COR#21)- Revise piping to add sprinkler head. Simplex/Grinnell quote 5/16/08, revised per 6/20 email 00003 ASI#107 Wall Revision @ Rms. 244 & 245 (COR#22)- Adjust sprinkler heads as required. Simplex/Grinnell quote 6/10/08 From: Quantity Units Unit Price 1.000 LS $997.22 1.000 LS $559.58 1.000 LS $579.46 Number: Tax Rate Tax Amount Net Amount 0.00% $0.00 $997.22 0.00% $0.00 $559.58 0.00% $0.00 $579.46 n���OdL�n �I JUL 082008 Unit Cost: Unit Tax: Lump Sum: Lump Tax: 0% GC Markup: Total: $2,136.26 $0.00 $0.00 $0.00 $0.00 $2,136.26 APPROVAL: / By By, U - � y: dm4wor�' Petra Icor ated ` Soplex rinnell LP Lomb rd Conrad Architects Date: Date: �� Date: -11 ��� Expedition 0 MERIDIAN CITY HALL PROJECT NO: CH -06-001 SIMPLEX GRINNELL - Phase 3 (31) CHANGE ORDER NO 3 • 06/21/08 CHANGE ORDER ITEMS ASI & RFI Changes 1 ASI 81 Second Floor Office Revisions (RFP -02) 997.22 Revise & add office and conference space on 2nd Public Works & Fire Dept areas. Simplex/Grinnell quote 4/30/08 2 ASI 93 Add Wall to Rm 257. (COR #21) Revise piping to add sprinkler head Simplex/Grinnell quote 5/16/08 revised per 6/20 e-mail 3 ASI 107 Wall Revision @ Rms 244 & 245 (COR#22) Adjust sprinkler heads as required. SimplexGrinnell quote 6/10/08 Page 1 of 1 559.58 579.46 2,136.26 0 ed Tom Coughlin UP L From: Bettencourt, Brad [Bbettencourt@tycoint.com] Sent: Wednesday, April 30, 2008 1.2:52 PM To: Torn Coughlin Cc: Jon Anderson Subject: Meridian City Hall ASI -81 Office revisions -2nd Floor Attachments: 1619_001. pdf Tom, Attached is our pricing for ASI -81 Office revisions -2nd Floor. Please let me when you want us to proceed with this work. Thanks Brad <<1619_001.pdf>> tyco/Fire & Security/SimplexGrinnell LP Brad Bettencourt Design Manager 12443 West Executive Drive Boise, Idaho 83713 Phone 208-376-2111 Telefax 208-376-2192 Cellular 208-941-2178 bbettencourt@simplexgrinnel l.com »Effective immediately, my email address has changed to bbettencourt@simplexgrinnell.com«« The information on this email and in any attachments is confidential and may be privileged. If you are not the intended recipient, please destroy this message, delete any copies held on your system and notify the sender immediately. You should not retain, copy or use this email for any purpose, nor disclose all or any part of its content to any other person. Any or all rights to privilege have not been waived. 5/3/2008 • / v I SimplexGrinnell Meridian City Hall Proiect # 06016 01 Work Scope 13 Fire Suppreston Systems Request For Change Date: 4/30/2008 Reference: ASI 81 Office Revision - 2nd Floor Scope: Add sprinkler protection to accommodate the new wall lay out Requested By: Tom Coughlin Phone No.: 208-323-4500 Fax No.: 208-323-4507 W t ► UGOtaMit' I IUN UNIT PRICE TOTAL PRICE 30 Pipe Blk Sch401" $2.42 $72.72 30 Pipe 81k Sch401-1/2" $3.89 $116.64 3 Reducing Coupling Blk Cl 1"x1/2" $1.31 $3.92 6 90 -Deg Ell 1' Blk $1.36 $8.14 6 Fab Cut Blk Sch40 11through 2" $128 $7.70 12 Fab Thread 1"through 2" $1.20 $14.40 6 Fab Make On 1 through 2" $1.34 $8.06 6 Fab Hanger Assembly 1' through 2-1/2' $0.43 $2.59 6 Fab Cut ATR 3/8 $0.22 $1.30 6 Swivel Ring 1" through 2" CAD $0.30 $1.80 30 Ali -Thread Rod 3/8" Plain $0.22 $6.48 6 C -Clamp 3/8" $1.14 $6.84 3 1/2 Sprinkler QR $6.56 $19.69 3 1/2 Escutcheon $0.54 $1.62 1 1-1/2 x 1 Mechanical Tee $9.13 $9.13 1 2 x 1-1/2 Mechanical Tee $9.13 $9.13 MATERAIL COST $290.17 USE TAX $17.41 TOTAL MATERIAL COST $307.58 15% MATERIAL OVERHEAD & PROFIT $46.14 MATERIAL TOTAL WITH TAX, OVERHEAD, PROFIT $353.72 J rUKIVIAN 3 APPRENTICE 4 NICET LEVEL III TECH/PM $69.50 $208.50 $45.00 $135.00 $75.00 $300.00 TOTAL AMOUNT FOR CHANGE $997.22 Page 1 of 1 Tom Coughlin rage i of • ?3 From: Bettencourt, Brad[Bbettencourt@simplexgrinnell.com] G�� 2, Sent: Friday, June 20, 2008 2:51 PM To: Tom Coughlin Subject: RE: ASI Pricing Tom, There is no formula for labor hours versus Tech/PM time. However I went back and looked at time spent and can reduce the time by 1 hour for a deduct of $75.00. That would make this change order cost be $559.58. Thanks Brad tyco/Fire & Security/SimplexGrinnell LP Brad Bettencourt Design Manager bbette.nco urt@s i m p lexgr i nne l I. com >> Effective immediately, my email address has changed to bbettencourt@simplexgrinnell. com«« From: Tom Coughlin [mailto:tcoughlin@petrainc.net] Sent: Tuesday, June 17, 2008 4:58 PM To: Bettencourt, Brad Subject: RE: ASI Pricing Brad I understand that some planning is involved but six hours seems excessive for two hours of field labor. Tom Coughlin 0 Tom Coughlin II'roject Manager Petra, Inc. 097 N. Rosario Meridian, 1D 83642 Phone: (208) 323-4500 Fax: (208) 323-4507 -Mail: tcoughlin@petrainc.net This Communication contains proprietary business information and may contain confidential information. lfthe reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution. or copying of this communication is strictly prohibited. !f you have received this communication in error, please immediately destroy, discard. or erase this information. 6/20/2008 rdgC /- ui /- From: From: Bettencourt, Brad(mailto:Bbettencourt@simplexgrinnell.com) Sent: Tuesday, June 17, 2008 2:31 PM To: Tom Coughlin Cc: Adams, Roger (Boise) Subject: RE: ASI Pricing Tom, 1 hr. Review RFI 2 hr. Process CO paper work/ sign CO/ respond to questions 2 hr. Design/change plans/coordinate information with field 1 hr. List/order/addition material/deliver to site Please keep in mind there are some minimum processes that go along with a change order regardless of amount. Just as with your organization it take a minimum amount of people, time and effort to process even the smallest change order. Thanks Brad tyco/Fire & Security/SimplexGrinnell LP Brad Bettencourt Design Manager bbettencourt@s irnplexgrinnel l.com »»Effective immediately, my email address has changed to bbettencourt@simplexgrinnell. com«« From: Tom Coughlin (mailto:tcoughlin@petrainc.net] Sent: Tuesday, June 17, 2008 7:43 AM To: Bettencourt, Brad Subject: ASI Pricing Brad On ASI -93 you have 6 hrs of Tech/PM time for a change with 2 hours of field labor. This seems excessive to me, can you reduce this or explain it? Thanks TC tom Coughlin Project Manager Ktra, Inc. 1097 N. Rosario 'peridian, ID 83642 hone: (208) 3234500 Fax: (208) 323 -4507 -Mail: tcoughlin@a petrainc.,net This Communication contains proprietary business information and may contain confidential information. /f the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination. distribution, or copying of this communication it strictly prohibited !f you have received this communication in error, please immediately destroy, discard, or erase this information. 6/20/2008 (SIMPLEXGRINNELL RESPONSE Meridian City Hall COR #00021 ASI- add wall ... Page 1 of 1 Tom Coughlin From: Bettencourt, Brad [Bbettencourt@tycoint.com) Sent: Friday, May 16, 2008 12:50 PM To: Tom Coughlin Subject: (SIMPLEXGRINNELL RESPONSE) Meridian City Hall COR #00021 ASI -93 add wall @RM 257 Attachments: 1989_001. pdf Tom, I have reviewed the above COR #00021 ASI -93 add wall @RM 257 and find it is a cost change to our scope of work. Please see the attached pricing for this new added scope. Thanks Brad «1989_001. pdf» tyco/Fire & Security/SimplewGrinnell LP Brad Bettencourt Design Manager 12443 West Executive Drive Boise, Idaho 83713 Phone 208-376-2111 Telefax 208-376-2192 Cellular 208-941-2178 bbettencourt@s implexgrinnel L,com »»Effective immediately, my email address has changed to bbettencourt@simplexgrinnell.com«« The information on this email and in any attachments is confidential and may be privileged. If you are not the intended recipient, please destroy this message, delete any copies held on your system and notify the sender immediately. You should not retain, copy or use this email for any purpose, nor disclose all or any part of its content to any other person. Any or all rights to privilege have not been waived. 5/16/2008 N �! SimolexGrinnell Meridian City Hall Proiect # 06016 01 Work Scone 13 Fire Suonresion Systems Request For Change Date: 5/16/2008 Reference: ASI -93 Add wall RM 257 Scope: Add sprinkler protection to accommodate the new wall lay out Requested By: Tom Coughlin Phone No.: 208-323-4500 Fax No.: 208-323-4507 QTY DESCRIPTION UNIT PRICE TOTAL PRICE 10 Pipe BIk Sch40 1" $2.42 $24.24 2 90 -Deg Ell 1' Blk $1.36 $2.71 2 Fab Cut Blk Sch40 1"through 2" $1.28 $2.57 4 Fab Thread 1"through 2" $1.20 $4.80 2 Fab Make On 1 through 2" $1.34 $2.69 1 Fab Hanger Assembly 1" through 2-1/2" $0.43 $0.43 1 Fab Cut ATR 318 $0.22 $0.22 1 Swivel Ring 1' through 2" CAD $0.30 $0.30 10 All -Thread Rod 318- Plain $0.22 $2.16 1 C -Clamp 3/8" $1.14 $1.14 1 1/2 Sprinkler QR $6.56 $6.56 1 1/2 Escutcheon $0.54 $0 54 1 11 -1/2 x 1 Mechanical Tee $9.13 $9.13 MATER IL COST $57.4? USE TAX $3.4; TOTAL MATERIAL COST $60.94 15% MATERIAL OVERHEAD & PROFIT $9.14 MATERIAL TOTAL WITH TAX, OVERHEAD, PROFIT $70.06 i rurctn/vty 1 APPRENTICE 6 NICET LEVEL 111 TECH/PM $69.50 $69.50 $45.00 $45.00 $75.00 $450.00 TOTAL AMOUNT FOR CHANGE $634.58 Page 1 of 1 N SimplexGrinnell Meridian City Hall Proiect # 06016 01 Work Scope 13 Fire Suppresion Systems ReauestFor Change Date: 6/10/2008 Reference: ASI 107 Wall Relocation between 244 and 245 Scope: Relocate sprinklers to accomidate the wall location Requested By: Tom Coughlin Phone No.: 208-323-4500 Fax No.: 208-323-4507 so - 'foal,. 4 -2-7, QTY DESCRIPTION UNIT PRICE 1 TOTAL PRICE 21 Pipe Blk Sch401' $2.42 $50.90 5 90 -Deg Ell 1° Blk $1.36 $6.78 2 Swivel Ring 1 ° through 2" CAD $0.30 $0.60 10 All -Thread Rod 3/8" Plain $0.22 $2.16 2 C -Clamp 3/8' $1.14 $2.281 MATERAIL COST $62.72 USE TAX $3.7E TOTAL MATERIAL COST $66.49 15% MATERIAL OVERHEAD & PROFIT $9.97 MATERIAL TOTAL WITH TAX, OVERHEAD, PROFIT $76.46 w FORMAN APPRENTICE 3 NICET LEVEL III TECH/PM $69.50 $278.00 $45.00 $75.00 $225.00 TOTAL AMOUNT FOR CHANGE $579.46 Page 1 of 1 July 18, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT Finance Department ITEM NO. 6-E-6 REQUEST Haemker General Construction Change Order No. 1 for Additional Work to Existing Contract for Settler's Park Maintenance Building for a Not to Exceed Amount of $4,965.00 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. • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 89842 CONTRACT CHANGE ORDER • CHANGE ORDER NO. 1 PROJECT NO. DATE. 7-18.08 EFFECTIVE DATE: CONTRACTOR: Haemker General Construction PROJECT: SETTLERS PARK MAINTENANCE BUILDING The CWftClor is herfy direct to make the tollowbW chargeefimn the Contract Documents and Plans. Deselptlort Additional work required by ACRD, addition of 148 ft of electricai conduit and addition of tan as requested by Nleften qty Electrical Irmapador Reason for Change order Extra work was required by ACHD in repairing asphalt on Ashby St where the sewer was Installed, 145 feet of electrical conduit was Installed which extends to the electrical source for the building, and the addition of a 276 cfm fan as requested by Meridian City Electrical Inspector Attachments: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 09,450.00 Original Contract Tunes: Net charges torn prevhm Change Orders Not changes form Previous Change Orders No._ to _ No._ to _ (calendar days) $0.00 Contract Price Prior to this Change Order. Contract Times prior to this Change Order. $99,450.00 () Net Increase (decrease) of this Change Order. Net Increase (decrease) of the Change Order: $4•5.80 (caleedar deys) None Contract Prion With ell Approved Change Orders: Contract Times with all Approvad Change orders: $104,41J00 ( �) RECO DED: (Co>+elbneAsaRRO i:,° PROVED: (CITY PU BY W/ By: Ketih Watts _ Data- -7 - 15 —o8 ACGEPlED mrr. COUNCILAPPROVAL �1- as _08 Date: Dam CW APPRO - ATTEST: �.`Cr W. Mayor Tey �� Dais: Sr. City Clark, L Holman 2 p O Date; 7 _� p f7 '%W 9A 18t • , r j • Memo To: Jaycee Holman, City Clerk '11 1 0 JUL 16 2006 City Of Meridian City Clerk Office From: Keith Watts, Purchasing Agent CC: Tara Green, Stacy Kilchenmann, Council, Steve Siddoway, Elroy Huff Date: 7/16/08 Re: July 22 City Council Consent Agenda The Purchasing Department respectfully requests that the following item be placed on the July 22 City Council Agenda under Consent Agenda. Haemker General Construction Change Order #1 for Additional work as required by ACRD in repairing asphalt on Ashby street where the sewer was installed the addition of 145 ft of electrical conduit to extend the electrical source to the building and the addition of a 276 cfm fan as per Meridian City Electrical Inspector. All work under this Change Order #1 will be completed pursuant to the existing contract dated April 8, 2008. Recommended Council Action: Approve Change Order #1 to Haemker General Construction for additional work per the attached, for a Not -To -Exceed amount of $4,965.00 authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • CHANGE ORDER NO. ' 1 PROJECT NO. DATE: 7-15-08 EFFECTIVE DATE: CONTRACTOR: Haemker General Construction PROJECT: SETTLERS PARK MAINTENANCE BUILDING The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: Additional work required by ACHD, addition of 145 ft of electrical conduit and addition of fan as requested by Meridian City Electrical Inspector Reason for change Order: Extra work was required by ACHD in repairing asphalt on Ashby St where the sewer was installed, 145 feet of electrical conduit was installed which extends to the electrical source for the building, and the addition of a 276 cfm fan as requested by Meridian City Electrical Inspector Attachments: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 99,450.00 Original Contract Times: Net changes form previous Change Orders Net changes form previous Change Orders No._ to _ No._ to _ (calendar days) $0.00 Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days) $99,450.00 Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days) $4,965.00 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $104,415.00 RECOMMENDED: (Construction Manager) APPROVED: (CITY PU CH I G A EN ) By: By: Keith Watts Date: Date: -7– / �5 — o S ACCEPTED: (Contractor) COUNCIL APPROVAL By: Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy. de Weerd By: City Clerk, Jaycee L. Holman Date: Date: Kathy Wanner From: Rachel Myers Sent: Tuesday, July 15, 2008 10:07 AM To: Kathy Wanner Subject: RE: Settlers Maintenance Building Change Order Sounds good. Thanks Rachel Myers Administrative Secretary Meridian Parks & Recreation 11 W. Bower Street Meridian, ID 83642 Phone: 208.888.3579, x12 Fax: 208.898.5501 -----Original Message ----- From: Kathy Wanner Sent: Tuesday, July 15, 2008 10:04 AM To: Rachel Myers Subject: RE: Settlers Maintenance Building Change Order I will change the change order. Yes, please send copies of the invoices. Kathy -----Original Message ----- From: Rachel Myers Sent: Tuesday, July 15, 2008 10:03 AM To: Kathy Wanner; Keith Watts Cc: Elroy Huff Subject: RE: Settlers Maintenance Building Change Order Importance: High I just talked to Elroy, and we need to add $895 (labor and materials) to this one change order to install a 276 C.F.M. fan requested by the Meridian City Electrical Inspector. So, the total change order amount is $4965.00. Do you need me to send you the two invoices from Haemker for your records? Thanks again. Rachel Myers Administrative Secretary Meridian Parks & Recreation 11 W. Bower Street Meridian, ID 83642 Phone: 208.888.3579, x12 Fax: 208.898.5501 -----Original Message ----- From: Rachel Myers Sent: Tuesday, July 15, 2008 9:09 AM To: Kathy Wanner Subject: RE: Settlers Maintenance Building Change Order 1 Yes. Sorry! Rachel Myers Administrative Secretary Meridian Parks & Recreation 11 W. Bower Street Meridian, ID 83642 Phone: 208.888.3579, x12 Fax: 208.898.5501 -----Original Message ----- From: Kathy Wanner Sent: Tuesday, July 15, 2008 8:38 AM To: Rachel Myers; Elroy Huff Subject: RE: Settlers Maintenance Building Change Order Who is the change order for? Haemker Construction? -----Original Message ----- From: Rachel Myers Sent: Tuesday, July 15, 2008 8:09 AM To: Keith Watts; Kathy Wanner Cc: Elroy Huff Subject: Settlers Maintenance Building Change Order Importance: High Keith/Kathy: CJ Here is the change order information. We would like to get this change order on the Council Agenda this week. Please let Elroy and I know what we need to do further. Thanks for your help! Rachel Myers Administrative Secretary Meridian Parks & Recreation 11 W. Bower Street Meridian, ID 83642 Phone: 208.888.3579, x12 Fax: 208.895.5501 -----Original Message ----- From: Elroy Huff Sent: Thursday, July 10, 2008 8:44 AM To: Rachel Myers Subject: Change orders settlers maint Try this : It needs formatted for a change order. Tara says I need to run it through Keith Watts. He is checking emails but it may not go on untill next week now. The parks department is requesting approval for a change order for the Settlers park maint building project. Extra work was required by ACHD in repairing asphalt on Asby street where the sewer was installed. Also 145 foot of electrical conduit was installed which extends to the electrical source for the building. Total labor and materials is $ 4,070.00 Thank You 0) Jul 03 08 03:530 208-467-7481 P.5 Haemker Construction Inc. 622 S Powerl ine Rd. Nampa Id 83686 Office (208) 467-7480 Fax (208) 467-7481 E.mail hgcco(ciao1.com BILL TO City of Meridian 33 .East Idaho Meridian Id 83642 Attn: Parks Dept - Elroy Invoice DATE INVOICE NO. 6!2712008 I -IGC - 1579 SHIP TO Settler's Park - Maintenance Bldg Meridian TERMS Due upon receipt DESCRIPTION AMOUNT Project Location: Settler's Park 895.00 Maintenance Building Install a 276 C.F.M. Fan Total Labor and Material $ 895.00 Account # ` 6 rp030 0 urc ash ep am ppro JUL .1 11a11n yvu AVI your UUJ111G5, Due upon receipt Total $895.00 Haemker Construction Inc 622 S Powerline Rd. Nampa Id 83686 Office (208) 467-7480 Fax(208)467-7481 Email hgcco1,d,)aoi.com BILL TO City of Meridian 33 East Idaho Meridian Id 83642 Attn: Parks Dept - Elroy Project Site: Settler's Park, Meridian ID Maintenance Building Extra: Electric and Sewer Work 145' of Electric Line Excavate, back fill and. compact Asphalt patch on - Ashby Street Change feed to building Total Labor and Material $ 4,70.00 Thank you for your business Due upon receipt DESCRIPTION 1U8-46 /- 481 p.3 invoice DATE INVOICE NO. 6/27/2008 HGC - 1578 SHIP TO SettIer's Park - Maintenance Bldg Meridian 6t7 P.O. NO: TERMS Due upon receipt Total i AMOUNT 4,070.00 $4,070.00 9 CompuNet, Inc. 901 South C Street Grangeville, ID 83530 (208) 983-5284 NAME/ADDRESS City of Meridian 33 East of Idaho Meridian, ID 83642 • Ship To City of Meridian Attn: Terry Paternoster 33 East of Idaho Meridian, ID 83642 Estimate DATE ESTIMATE NO. 6/2/2008 4884 PROJECT QTY DESCRIPTION PART # COST TOTAL 10 NetShelter SX 42U 600mm Wide x 1070mm Deep AR3100 1,029.00 10,290.00 Enclosure 9 Vertical Cable Organizer, 8 Cable Rings, Zero U (Qty. AR8442 96.00 864.00 2) 1 Cable Ladder 6" (15cm) Wide w/Ladder Attachment Kit AR8164ABLK 156.00 156.00 (AR8166ABLK) 1 Cable Ladder 12" (30cm) Wide w/Ladder Attachment AR8165ABLK 167.00 167.00 Kit (AR8166ABLK) 1 Power Cable Trough, InfraStruXure PDU, 600mm Wide AR8160ABLK 64.00 64.00 11 Power Cable Trough, NetShelter, 600mm Wide AR8161ABLK 64.00 704.00 8 Data Cable Partition, NetShelter, 600mm Wide AR8162ABLK 36.00 288.00 16 Data Cable Partition, NetShelter, 600mm Wide, AR8163ABLK 36.00 576.00 pass-through 2 Horizontal Cable Organizer lU w/brush strip AR8429 27.00 54.00 To be determined - Billed As Actual 0.00 TOTAL $13,163.00 July 18, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT Parks Department ITEM NO. 6-F-1 REQUEST Budget Amendment for Splash Pad Improvements at Adventure Island Playground for $34,372.00 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: COMMENTS OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. IT C � n = n d o N N n UD: T 7 7 CD m w mm CD CO. A - O N S. 0 n :1 0 7 Cb < n D n 3 0 .CD C H 7 p n 3 n v (D ?CO, � S m co a n O 0 0 0 N C) o 0- r d v c _ v rn co c0 n rn co rn co rn co rn <o 0 �O N c 'v. 0 �S D N 0 O. .. 0 M N 0 m'0 C p A 3:' .w 3 m' 0 ,a O NU) 90�y.� Z y d 7 CL .N M N O m L w _ m crd CD N m m N 3 y a� N c N m C m � c O m H d► M. W V . 3 N m 7 m 0 0 c D V T M O D r N 0 N O L1 d N J c co G (D CD 0 tN d 3 co m CL 3 co w c m CL CD mm c c 0 Rt cn d N S N PL H � 0- d v _ r n0000000 D>Wwwwwww rn co c0 cv rn co rn co rn co rn <o 61 0 0. c r D .. 0 0 N 0 m'0 C "' A 3:' .w 3 m' 0 < x NU) 90�y.� 7 CL .N 6 N O m L _ m crd CD N m N 3 y a� N c N m C c O m M. N 3 m 7 �1 d � J 3 m m x CD W *M4 N N A W N .4, ap CO G !+ � A O A 00 O. O W C M N A W V N D V T M O D r N 0 N O L1 d N J c co G (D CD 0 tN d 3 co m CL 3 co w c m CL CD mm c c 0 Rt cn d N S N PL H July 18, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT Public Works Department ITEM NO. 6-G-1 REQUEST Update on the Five Mile Creek Restoration / Wetlands Mitigation Agreement with ITD 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: FFICE:OTHER: COMMENTS See attached VVII-1-1 Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Memo To: Jaycee Holman; Tara Green From: Kyle Radek, P.E., Staff Engineer CC: File Date: 7/17/08 Re: Proposed Agenda Item for July 22 City Council Meeting • JUL 17 2008 City Of Meridian City Clerk Office The Public Works Department respectfully requests the following item be placed on the July22 City Council agenda, under Public Works Department Reports, for Council's consideration: Fivemile Creek Restoration / Wetlands Mitigation Agreement with ITD Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 1 Tara Green From: Kyle Radek Sent: Tuesday, July 22, 2008 8:40 AM To: Tara Green Subject: Fivemile Creek Restoration Agenda Item Page 1 of 1 Attachments: NMID License Agt.pdf; WETLAND MITIGATION AGREEMENT_FINAL_7_1_2008.doc Tara, The attached documents were on the agenda two weeks ago and that's what we're coming back with tonight. Please print out for council packets. Thanks, Kyle Radek, P.E. Assistant City Engineer City of Meridian Public Works Department ph 208-898-5500 ext 213 7/22/2008 • • RIPARIAN AQUATIC RESOURCE MITIGATION AGREEMENT Project No. A010 (459) I-84, Garrity Interchange to Meridian Interchange Ada County Key: 10459 This Riparian Aquatic Resource Mitigation Agreement is entered into on this day of , 2008, between the Idaho Transportation Department (hereinafter, ITD) and the City of Meridian. The Parties agree as follows: I. GENERAL PROVISIONS: 1. ITD is obligated to provide compensatory mitigation for Clean Water Act Section 404 fill into wetlands and waters of the United States associated with the I-84, Garrity Interchange to Meridian Interchange project. In addition, the Federal Highway Administration requires the replacement of all wetland regardless of United State Corps of Engineers (COE) jurisdiction under Executive Order (EO) 11990. On-site mitigation was determined to not be possible for this project. The COE and Federal Highway Administration have determined that compensatory mitigation is necessary to fully offset unavoidable wetland impact pursuant to section 404 of the Clean Water Act and EO 11990. The FHWA and COE have stated that the creation of 0.16 acres of mitigation will satisfy the no net loss rule as adequate compensatory mitigation for the project. This agreement does not relieve the ITD's responsibility to establish compensatory mitigation in the amount of 0.16 acres. 2. As compensated, the City of Meridian will hold the conservation easement in perpetuity, and will be responsible for the operation and maintenance within the easement boundaries. 3. The projected functional performance of the Five Mile Creek Aquatic Resource Mitigation Site is based solely upon final design plans and specifications provided to the assessment team and will be built as designed. The final design plans are attached as Exhibit A and are adopted herein. 4. The City of Meridian will select a contractor for the work once the construction documents are completed and the funding is in place. The United States Departmental Agriculture Natural Resources Conservation Service will assist the City of Meridian in the construction of the project to ensure the design is built to the plans and specifications. All modifications to this Agreement shall be in writing, shall be in the form of an amendment to this Agreement, and shall have mutual written consent. Requests to modify this Agreement will be forwarded by one party to the other by written notice at least thirty (30) days prior to the proposed effective date of such modification. 6. For the purposes of this Agreement, the following named persons are designated as contact persons in the event of any notices to be given hereunder: City of Meridian Engineer Dave Jones P.E. Public Works Department Idaho Transportation Dept. - District 3 660 Watertower Ave, Ste 220 8150 Chinden Blvd Meridian, ID 83642 Boise, ID 83707 (208) 898-5500 (208) .334-8301 IL CITY OF MERIDIAN'S RESPONSIBILITIES: 1. The City of Meridian will construct 0.16 acres of Aquatic Resources mitigation at the Tamura property located in SEC 7 T3N R1E OF THE USGS MERIDIAN QUAD SE 1/4, SE 1/4 ( for ITD for a sum to not exceed Forty Thousand Dollars ($40,000). 2. Upon receipt of the money paid by ITD pursuant to Section III of this Agreement, provide a letter to ITD acknowledging receipt of the money and documenting the mitigation package. 3. Be solely responsible for all permits, licenses, etc to execute mitigation construction. 4. Upon construction of the Riparian Aquatic Resources mitigated, the City of Meridian will relieve ITD of any responsibility or liability for the success and maintenance of wetlands, which fully satisfies ITD's mitigation obligation for the project in perpetuity. The City of Meridian will assume all liability for the responsibility of the establishment, performance, operation and long term maintenance of the Five Mile Creek Riparian Aquatic Resource mitigation site. 6. The City of Meridian shall be responsible for all claims or actions for loss, injury death or damages arising out of, or resulting from the performance of this Agreement provided such damage to property or injury to persons is caused in whole or in part by the negligent act, error, or omission of the City of any of its employees, agents, consultants, or subcontractors. III. ITD'S RESPONSIBILITIES: 1. ITD will provide to the City of Meridian the sum of Forty Thousand Dollars ($40,000) in exchange for establishment, performance, operation and long term maintenance of the Five Mile Creek Aquatic Resource mitigation site. Payment will be made upon execution of this Agreement. 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. IDAHO TRANSPORATION DEPARTMENT (date) Assistant Chief Engineer, Development (Loren Thomas) RECOMMENDED BY: Approved as to form: date District Engineer - Dave Jones P.E. CITY OF MERIDIAN PUBLIC WORKS, by the CITY ENGINEERS OFFICE Mayor of City of Meridian Attachments: Resolution date LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this day of , 2008, by and among NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF M -'RIDIAN, 33 East Idaho, Meridian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to as the "Licensee", WITNEcSETH: WHEREAS, Licensee is the owner of real I-roperty/conservation easement (burdened with the casement of the District hereinafter mentioned) particularly described in the "Legal Description" and/or deed attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation ditch or canal known as FIVE MILE DRAIN (hereinafter collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easement therefor to convey i; rigation and drainage water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or c trial for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this refere-stce made ar part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity, or approve existing construction or activity, affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms am conditions hereinafter set forth; and, WHEREAS, it is necessary that the District p. otcct ditches and its right of way along its ditches; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to rnodi 'y the said ditch or canal or encroach upon the District's casement along said ditch or canal in the manner generally described in the "Purpose of Licensc" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the Di:;trict's casement along said ditch or canal shall be performed and maintained in accordance with the "Spy tial Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of License." and any plans or drawings re!'erenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only he permitte!i or allowed to modify the ditch or canal or encroach upon the District's casement as described in Exhibit C liven if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's casement for the purpos�,s and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this; agreement means any object or thing ol' any nature installed in or on the District's casement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repair -2d at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's casement so as not to constitute or cause: a. a hazard to any person or properly; h. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; C. an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within )r adjacent to the casement; C. any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indemnify, held harmless, and defend the District from all claims for damages arising out of any of the Licensee's consti uction or activity which constitutes or causes any of" the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the casement and irrigation workswhich may be caused by i he construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times !,.,e subject to inspection by the District and the District's engineers, and that final acceptance of such work shall not he made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not he unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the casement therefor which docs not comply with the terms of this agreement, and I ) remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs wh•.ch shall be reasonably expended by the District for such purposes. if the Licensee shall fail in any respect !o properly maintain and repair such facility, then the District, at its option, and without impairing or in any ise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintena.tee and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable not cc to the Licensee prior to the District's performing such maintenance, repair or other work except that in :aces of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim ot' any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made LICENSE AGREEMENT - Page 2 against the District arising out of or relating to the terns of this paragraph except for claims arising solely out of the negligence of the District. 8. Neither the terms of this agreement, tte permission granted by the District to the Licensee, the Licensee's activity which is the subject of this a,reement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other require mens, or the jurisdiction of any federal, stale, or other agency or official to the District's ownership, operat on, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from aal costs and liabilities associated with t,►e application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from :►ny injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or a serted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors .)r subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District ahall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course ol' performance of maintenance or repair of said ditch or canal, The Licensee further agrees to suspend its use of the said easement area u hen the use of the easement area is required by the District for maintenance or repair under this or any ot•ler paragraph of this agreement. H. Licensee shall place no structures, pat sways or landscaping of any kind above or within the District's easement area except as referred to in this at reemenl or exhibits hereto without the prior written consent of the District. Nor shall Licensee permit, authorize or grant any other person or entity to excavate, discharge, construct or place any structures, pathways or landscaping within the District easement without the prior written consent of the District. 12. Should either party incur costs or all: irney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of ;uit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreerr.--nt, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and systL.m of the District by this agreement, nor to grant any rights in its irrigation works and system incompatibl,; with the uses to which such irrigation works and system arc devoted and dedicated and that this contract shall be at all times construed according to such principles. LICENSE AGREEMENT - Page 3 14. Nothing herein contained shall be con ,trued to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by .he Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of .he District to the use of said ditch or canal for the transmission and delivery of irrigation and drainage water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Li.ensee under the terms hereof may he terminated by the District, and any facility, structure, plant, or any o:her improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation ol'such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may he removed by the District. 16, The Licensee agrees to pay attorney 1'eos or engineering fees charged by the attorney for the District or by the engineers for the District in connectif+n with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with thr recording of this Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. This agreement is not intended for thL benefit of any third party and is not enforceable by any third party. 19. If any provision of this agreement is determined by a court of compctent.jurisdiction to be invalid or otherwise unenforceable, all remaining prov,cions of this agreement shall remain in full force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the pl iral, and the plural number includes the singular. The covenants, conditions and agreements heicin contained shall constitute covenants to run with, and running with, all of the lands of the Licensee desc ihed in said Exhibit A, and shall he binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of !he parties hereto and their respective successors and assigns. NAMPA & MERIDIAN IRRIGATION DISTRICT By_ ItsPresident ATTEST: Its Secretary LICENSE AGREEMENT - Page 4 E ATTEST: STATE OF IDAHO ) ss: County of Canyon ) CITY OF MERIDIAN By • On this day of , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Monte Janicek and Daren R. Coon, known to me to he the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged o me that such irrigation district 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. Notary Public for Idaho Residing at , Idaho My Commission Expires: STATE OF IDAHO ) )ss. County of Ada ) On this day of 2008, before me, the undersigned, a notary public in and for said state, personally appeared and , known to me to he the and respectively, of the CITY OF MERIDIAN, the political subdivision and municipality that executed the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have here unto set my hand and affixed my official seal, the clay and year in this certificate first above written. Notary Public for Residing at My Commission Expires: LICENSE AGREEMENT - Page 5 EXHIE IT A Legal DescriEtion Licensee has or is in the process of obtaining a conservation casement from Douglas Tamura and Kobe, LLC across the property described in the attached Exhibit A -I and by this reference incorporated herein. Said property is generally located in the E 1/2 .4 the SE 1/4 of the SE 1/4 of' Section T. T.3N, R.I E, 13.M., Ada County, Idaho. EXHIE IT C Purpose of License The purpose of this License Agreement is to E ermit and approve Licensee to: landscape approximately 680 linear feet of the Five Mile Drain which shall include earthwork to re -shape the channel of the Five Mile Drain, placement of gravel in portions of the Five Mile Drain, placement of large cobble rock in portions of' the Five Mile Drain, and the construction of grass, plants, s irubs and trees within the District's casement for the Five Mile Drain; all within or near Licensee's real property described i-1 Exhibit A, located approximately 500 feet west of the intersection of Locust Grove Road and Franklin Road in Meridian, Ada County, Idaho. No other construction or activity is permitted within or affectin the Five Mile Drain or the District's easement. EXHIL>IT D Special Cc: nditions a. The construction described in Exhibit C shall be in performed in accordance with certain plans consisting of seventeen sheets attached hereto as F xhibit D- I and by this reference incorporated herein. h. Licensee shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineer's tna_;! inspect and approve the construction. C. The Licensee recognizes and acknowh:dges that the license granted in this agreement by the District pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder oft:tic to the property subject to the District's casement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmles.<, indemnify and defend the District from any claim by any party arising out of or related to such failure of ights and at the option of the District this agreement shall he of no force and effect. d. Licensee represents that Licensee has,complicd with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms LICENSE AGREEMENT - Page 6 or performance of this agreement broadly construed. Licensee recognizes its continuing duly to comply with all such requirements that now exist or that may be implemented or imposed in the future. By exccuting,this agreement the District assumes no responsibility or Ii 4bility for any impact upon or degradation of water quality or the environment resulting from the discharge+ or other activity by Licensee which is the sub.icct of this agreement. C. Licensee hereby indemnifies, holds hzrmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private, with respect to environmental matter.; relating to the subject matter, terms or performance of this agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim , action or requirement. f. In the event the District is required by ny governmental authority to acquire or comply with any permit or other operational requirements associate 1 with Licensee's discharge and other activity which is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District From all casts and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, m:nitoring, treatment, administrative, filing and other requirements. g. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the discharge orcontribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. h. Licensee shall not excavate, discharge:, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's casement for the Five Mile Drain except as referred to : n this agreement or exhibits (hereto without the prior written consent of the District. i. Licensee acknowledges and confirms that the District's casement for the Five Mile Drain includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Five Mile Drain, and to access the Five Mile Drain for said purposes and.is a minimum of 100 feet, 50 feet to either side of the centerline. Construction shall he completed one -car from the date of this Agreement. Time is of the essence. LICENSE AGREEMENT - Page 7 May. Ju. LVV c:40rnr)Z5nrrnur 0y d koompiny .. IlUI r. 1 WARRANTY DEED FOR VALUE RECEIVED, the Madden Family Trust created by Trust Agreement dated August 30, 1991, the Grantor, does hereby grant, bargain and convey unto Arthur J. Berry, a married man dealing in his sole and separate property and Douglas Tamura, a single man (Grantees) whose address is 906 Broadway Ave., Boise, Idaho 83706, the following described premises, to -wit: See legal description attached hereto. TO HAVE AND TO HOLD the said premises, with their appurtenances onto said Grantees, their heirs and assigns, in fee simple, subject to the following; all reservations and patents or state grants or in the laws authorizing the issuance thereof; the bonded debt of all taxing units; all zoning requirements and restrictions provided any governmental unit; all easements and rights of way under, over and across the premises regardless of how evidenced or acquired and whether the same appears of record or not: terms of any agreement pursuant to which this Deed was executed; and exceptions appearing in any title insurance policy applying to the real property procured in connection with this conveyance. By agreement Grantees accept said property in all respects "AS IS" and without warranty of any type, excepting title is warranted to the extent that the title insurance policy provided by Grantor to Grantees recognizes coverage. Grantees agree that they have inspected the property, its title, its boundaries, water rights, environmental condition, flood plain status, appurtenances and improvements located thereon and as purchasing said property based upon said inspection and said "AS IS" agreement. DATED: _11! 4d� C-50 , 1996. WARRANTY DEED -- 1 GRANTOR: THE MADDEN FAMILY TRUST BY Ill's a„( 16=k y- 314 9,16" RALPH H. M DEN, Trustee Exhibit A, page 1 May -30, 2001 2:490M Arthur lary & Company STATE OF IDAHO ) ss. County of Ada ) s'. 1101 P. 2 On this �30 day of April, 1986, before me, the undersigned, a Notary Public in and for said State, personally appeared RALPH H, MADDEN, known and identified to me to be the Administrative Trustee of the MADDEN FAMILY TRUST that executed the instrument or the person who executed the instrument on behalf of said MADDEN FAMILY TRUST, and acknowledged to me that such MADDEN FAMILY TRUST executed the same. :: IN'1NITI�f ESS WHEREOF, I have hereunto set my hand and affixed my official sear thelda9°apq:,year in this certificate first above written. u � Notary Public 'for.ld0ho °3r)L�l�tc Residing at .U1 Idaho f �, ,Commission expires: .�/'•J� � ACCEPTED AND AGREED T0: ra WARRANTY DEED -- 2 Exhibit: A, page 2 may, ju. au 1:4.9 Arthur *y & Company STATE OF IDAHO I I ss.. County of Ada ) . tr•�.:r.reor o. On this, day of April,;:a,J8;6�_�,eVCfie in and for said State, personallji_ 'j l3 ared A to me to be the person whesa -'nar-YAW f91.49 <0 acknowledged to me that heibA-epted•,th.e sarpe, 0 s° iti �'Ui3L1C STATE OF IDAHOInc. 0 County of Ada ) `os., %I On this ,'3 'day of April, 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared DOUGLAS TAMU'RA, known and identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. W 17.1 P. } the undersigned, a Notary Public I J. BERRY, known and identified !d to the within instrument, and Notary Public fo# Idaho Residing at: Boise Commission Expires: 4-23-98 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year 16101ft•ifijcate first above written. a• ,,� � r,s V .ces o 1'U11Lt�' �° :Notary Public f r Idar o (SEAL) ,� Residing at ld Idaho t -P .."'e Commission expires: WARRANTY DEED -- 3 Exhibit A, page 3 May. 30. 2001 2:49PM Arinur•rry & Company ,No. 1101 P. 4 Cf �o34d32—_ TEALEY'S LAND 109 South 40, Street Solse, Idaho 837g2 _SURVEYING (208) 385-0636 6 3 6 0 3 2 Fax (208) 385-0696 i. D11 .."I lr,"/ARR0 801SE /0 FIMTAMERICAN T1TLE CO. *96 NAY I 8M 8 50 Project No. 1614 FE k _,L� a1_? Date: April 5, 1996 Rscor;0 0 r 'HL rte Revised: April 29, 1996 0Ur3 00 DESCRIPTION FOR PARCEL II (TAMURA-BERRY) A parcel ofland being a portion of the E 1/2 of the SE 1/4 of the SE 1/4 of Section 7, T.3N.1 R.M., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a brass cap marking the Southeast comer of the said Section 7; thence along the East boundary of the said E 1/2 of the SE 1/4 of the SE 1/4 of Section 7 North 00°00'12" West 40.00 feet to an iron pin on the North right-of-way line of East Franklin Road; thence along the said North right-of-way line South 89°19'46" West 45.00 feet to a point, also said point being the REAL POINT OF BEGINNING; thence along a line 45.00 feet Westerly of and parallel with the said East boundary of the E 1/2 of the SE 1/4 of the SE 1/4 of Section 7 North 00000'12" West 1190.93 feet to a point on the South right-of-wayline of the Union Pacific Railroad; thence along.the said South right-of-way line North 88056'00" West 617.84 feet to an iron pin on the West boundary of the said E I/2 of the SE 1/4 of the SE 1/4 of Section 7; thence along the said West boundary South 00°02'01" West 1209.66 feet to an iron pin on the said North right-of-way line of East Franklin Road; thence along the said North right-of-way line North 89°19'46" East 618.55 feet to the POINT OF BEGINNING; said parcel of land contains 17.03 acres, more or less. Exhibit A, page 4 AOA COUN"Y RECORDER J. DAVID NAVARRO AMOUNT 9.00 3 BOISE IDAHO 1213106 04:49 I'M 1ff 11 I II 1` 11 1I1 DEPUTY Neva Haney �I{ 1.1�`�1'�I��l������������� RECORDED -REQUEST OF 106201307 Title One QUIT CLAIM DEED FOR VALUE RECEIVED, Douglas W. Tamura, a single man Does hereby convey, release, remise and forever quit claim unto Kobe, LLC, an Idaho Limited Liability Company whose current.address is: 499 W. Main Street, Boise, ID 83702 the following described premises: Parcel 1: A parcel of land being a portion of the East half of the Southeast quarter of the Southeast quarter of Section 7 and a portion of the West half of the Southwest quarter of the Southwest quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a brass cap marking the Southwest corner of the said Section 8; thence along the West boundary of the said West half of the Southwest quarter of the Southwest quarter of Section 8 North 00°00'12" West 40.00 feet to an iron pin on the North right-of-way line of East Franklin Road, also said point being the REAL POINT OF BEGINNING; thence along the said North right-of-way line South 89°19'46" West 45.00 feet to a point; thence along a line 45.00 feet Westerly of and parallel with the said West boundary of the said West half of the Southwest quarter of the Southwest quarter of Section 8 North 00°00'12" West 1190.93 feet to a point on the South right-of-way line of the Union Pacific Railroad; thence; along the said South right-of-way line South 88°56'00" East 706.89 feet to an iron pin on the East boundary of the said West half of the Southwest quarter of the Southwest quarter of Section 8; thence along the said East boundary South 00°01'08" West 1172.76 feet to an iron pin on the said North right-of-way line of East Franklin Road, thence along the said North right-of-way line Exhibit A, page 5 • South 89°36'43" West 661.34 feet to the POINT OF BEGINNING; Parcel II: A parcel of land being a portion of the East half of the Southeast quarter of the Southeast quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a brass cap marking the Southeast corner of the said Section 7; thence along the East boundary of the said East half of the Southeast quarter of the Southeast quarter of Section 7 North 00'00'12" West 40.00 feet to an iron pin on the North right-of-way line of East Franklin Road; thence along the said North right-of-way line South 89°19'46" West 45.00 feet to a point, also said point being the REAL POINT OF BEGINNING; thence along a line 45.00 feet Westerly of and parallel with the said East boundary of the East half of the Southeast quarter of the Southeast quarter of Section 7 North 00'00'12" West 1190.93 feet to a point on the South right-of-way line of the Union Pacific Railroad; thence along the said South right-of-way line North 88°56'00" West 617.84 feet to an iron pin on the West boundary of the said East half of the Southeast quarter of the Southeast quarter of Section 7; thence along the said West boundary South 00°02'01" West 1209.66 feet to an iron pin on the said North right-of-way line of East Franklin Road; thence along the said North right-of-way line North 89°19'46" East 618.55 feet to the POINT OF BEGINNING. Excepting from Parcel I & II: A parcel of land located in the East Half of the Southeast Quarter of the Southeast Quarter of Section 7, Township 3 North, Range 1 East, of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast comer of Section 7; thence South 89°19'46" West, a distance of 663.58 feet along the South line of said Section 7 said line also being the Centerline of East Franklin Road to a point marking the Southwest corner of the East Half of the Southeast Quarter of the Southeast Quarter of said Section 7; thence leaving said South line North 00°02'01" East, a distance of 40.00 feet along the Westerly line of said East Half of the Southeast Quarter of the Southeast Quarter of Section 7 to a point on the Northerly right-of-way line of said East Franklin Road; thence continuing along said Westerly line of the East Half of the Southeast Quarter of the Southeast Quarter of Section 7 North 00°02'01" East, a distance of 683.04 feet to the TRUE POINT OF BEGINNING; thence continuing along said Westerly line of the East Half of the Southeast Quarter of the Southeast Quarter of Section 7 North 00°02'01 " East, a distance of 526.62 feet; thence leaving said Westerly line Exhibit A, page 6 South 88°56'00" East, a distance of 332.89 feet; thence South 00°02'01" West, a distance of 520.40 feet; thence South 89°59'48" West, a distance of 332.84 feet to the POINT OF BEGINNING. Also excepting from Parcel I & 11 those portions deeded to Ada County Highway District for the right of way of Locust Grove Road, East Lanark Drive and a portion of N. Nola Road said descriptions contained in the following warranty deeds: Warranty Deed recorded June 30, 1997 as Instrument No. 97051508 and corrected by Warranty Deeds recorded September 17, 1997 as Instrument Nos. 97076442 and 97076443, Warranty Deeds recorded September 24, 2003 as Instrument Nos. 103162356 and 103162358, records of Ada County Idaho. Warranty Deed recorded December 15, 2005 as Instrument no. 105191297, records of Ada County Idaho. TO HAVE AND TO HOLD the said premises, unto the said grantees, heirs and assigns forever. Date: De4exhber Zo .2006 W. Tamura State of Idaho ) ) ss. County of Ada ) On this &Z"11 day of December 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Douglas W. Tamura, known or identified to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHE ave hereunto set my hand and affixed my official seal the day and year i is ertificate first above written. iot�� Pu lic for Idaho a^°�sc•� FLAN -k ,. 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N It A G O O f O N ELEVATIONS N N NN N N M C O CJI m -i m w O July 18, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT IT Department ITEM NO. 6-H-1 REQUEST Approve Contract and Award of VolP City Hall Network Solution RFP IT -08-002 to Valcom, Inc. for City Hall Network Solution for a Not to Exceed Amount of $100,000.00 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: COMMENTS See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings stall become property of the City of Meridian. • Memo To: Jaycee Holman, City Clerk From: Terrance Paternoster, IT Manager CC: Tara Green, Bill Nary, Mayor, Council Date: 7/16/08 Re: July 22 City Council Department Report • R F S JUL 18 2008 City Of Meridian City Clerk Office The IT Department respectfully requests that the following item be placed on the July 22 City Council Agenda under Department Report. Award of VoIP City Hall Network Solution per "Request for Proposal #IT -08-002" and authorization to enter into a standard City Contract and have Mayor sign and City Clerk to attest. The Request for Proposal process was followed per the City's Purchasing Policy and followed a thorough investigative and demo process. The RFP was issued on April 21, 2008 and proposals were received May 20, 2008. An evaluation committee consisting of Terry Paternoster, David Tiede and Keith Danielson reviewed all responses with the assistance of the Purchasing Agent. Recommended Council Action: Approve award and authorize entering into a Standard City Contract with Valcom, Inc. for a City Hall Network Solution for the Not -To -Exceed amount of $100,000.00 authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 r July 18, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT IT Department ITEM NO. 6-H-2 REQUEST Approve Contract and Award of VolP City Wide Phone System RFP IT -08-003 to Valcom, Inc. for Voice over Intranet Protocol Phone System for a Not To Exceed Amount of $150,000.00 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: 1 CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • Memo To: Jaycee Holman, City Clerk From: Terrance Paternoster, IT Manager CC: Tara Green, Bill Nary, Mayor, Council Date: 7/16/08 Re: July 22 City Council Department Report FIA"bli s � . ill JUL 18 2008 City Of Meridian City Clerk Office The IT Department respectfully requests that the following item be placed on the July 22 City Council Agenda under Department Report. Award of VoIP City Wide Phone System per "Request for Proposal #IT -08-003" and authorization to enter into a standard City Contract and have Mayor sign and City Clerk to attest. The Request for Proposal process was followed per the City's Purchasing Policy and followed a thorough investigative and demo process. The RFP was issued on May 26, 2008 and proposals were received June 6, 2008. An evaluation committee consisting of Terry Paternoster, David Tiede and Keith Danielson reviewed all responses with the assistance of the Purchasing Agent. A final Demo of the highest ranked respondent was conducted on July 18, 2008 resulting in this recommendation. Recommended Council Action: Approve award and authorize entering into a Standard City Contract with Valcom, Inc. for a Voice Over Intranet Protocol (VoIP) phone system for the Not -To -Exceed amount of $150,000.00 authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 �L f July 18, 2008 MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT ITEM NO. 8 REQUEST Request for Fee Reduction for Rezone Application for 3131 Lanark, LLC and 3163 Lanark, LLC by Patrick McKeegan Architects AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY . CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Patrick McKeegan Architects 280 N. Latah St, Ste 100, Boise ID 83706 PO Box 5845, Boise, ID 83705-0845 208.424.8608 Fax 208.424.8609 www.mckeeganarch.com July 1, 2008 Jaycee Holman, City Clerk City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Re: 3131 & 3163 Lanark Rezone Fees Dear Ms. Holman, On behalf of 3131 Lanark LLC and 3163 Lanark LLC I would like to request a hearing before City Council to request a reduction in the fee associated with a rezone application. The applicants will be re -applying for a rezone of the property located at 3131 and 3163 Lanark Street abutting Eagle Road from I -L to C -G zoning with a development agreement. The reasons for our request for a reduced fee are: 1. In early 2008 the applicants applied for rezone on the same property. That application was accompanied by a Conditional Use application for a drinking establishment. Both were denied, we believe because of the potential for a drinking establishment at that location without a development agreement. Our re-application will include a development agreement that will prohibit drinking establishments and possibly other uses at the referenced property. 3. At out pre -application meeting this week staff indicated that this would be a relatively easy application since all of the analysis and preparation had been completed on the previous application and the circumstances and conditions affecting the property and application have not changed. Most of the work would be associated with editing the.previous analysis and recommendations to match the new application number. 4. The development application has a separate fee of $303.00. We recognize that the City will have costs for reviewing and editing the previous documentation and reports, notification, mailing, and coordination with internal and external reviewing entities. The application fee for the rezone is $1,825.00..-We.would.respectfully. request a.reduction.in the fee..to.a.. level that reflects the reduced analysis and preparation time for the supporting documentation. Thank you for consideration of our request. Sincerely, �atrlckMc............................. --:---- Principal Archifecf-- - - ---- - • July 18, 2008 MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT REQUEST ITEM NO. 9 Request for Reconsideration of Conditions for Waltman Property / Annexation by Shawn Nickel with Rose Law Group — 505, 521, 615 and 675 Waltman Lane AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 1 • July 18, 2008 E AZ 06-063 MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT Watlman, LLC ITEM NO. 10 REQUEST Findings for Approval -- Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C -G zones for Waltman Property (aka Browning Plaza -- 505, 521, 615, and 675 Waltman 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 Minutes See attached Findings Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • July 18, 2008 • MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT SLN Planning, Inc. ITEM NO. 1 REQUEST Findings for Approval -- Request for Preliminary Plat approval of 52 commercial / office lots and ' 1 common lot on 38.21 acres in a proposed C -G zone for Browning Plaza (aka Waltman Property) - 505, 521, 615, & 675 W. Waltman Ln. 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 Minutes See attached Findings vamu--, #U -n OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • July 18, 2008 • F P 08-011 MERIDIAN CITY COUNCIL MEETING Juy 22, 2008 APPLICANT Primeland Investment Group, LLC ITEM NO. 12 REQUEST Final Plat approval for 11 commercial building lots and 1 other lot on 10.213 acres in an L -O zoning district for Bridgetower Crossing Subdivision No. 15 - Linder Road and Coppercloud Way 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 Staff Report / ppmve_ See attached Comments No Comments See attached Comments See attached Comments OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PRIMELAND INVESTMENT GROUP, LLC FOR FINAL PLAT APPROVAL OF 11 COMMERCIAL BUILDING LOTS AND 1 OTHER LOT ON 10.213 ACRES IN AN L -O ZONING DISTRICT LOCATED ON THE SWC OF MCMILLAN ROAD AND LINDER ROAD IN THE NE '/ OF T. 4N., R. 1W., SECTION 35 AND IS A RESUBDIVISION OF LOTS 15, 16, AND 17, BLOCK 36, BRIDGETOWER CROSSING SUBDIVISION NO. 11 ALONG WITH LOTS 43, 44, AND 45, BLOCK 32, BRIDGETOWER CROSSING NO. 12. C/C duly 22, 2008 CASE NO. FP -08-011 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-613-3 on July 22, 2008, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning Department, and Scott Steckline; Development Services Coordinator for the Public Works Department, dated: Hearing Date: July 22, 2008, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO. 15 / (FP -08-011) Page 1 of 4 0 s 1. The Final Plat of "PLAT SHOWING BRIDGETOWER CROSSING SUBDIVISION NO. 15 LOCATED ON THE SWC OF MCMILLAN ROAD AND LINDER ROAD IN THE NE'/ OF T. 4N., R. 1W., SECTION 35 AND IS A RESUBDIVISION OF LOTS 15,16, AND 17, BLOCK 36, BRIDGETOWER CROSSING SUBDIVISION NO. 11 ALONG WITH LOTS 43, 44, AND 45, BLOCK 32, BRIDGETOWER CROSSING NO. 12, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2008, HANDWRITTEN DATE: 07/14/2008, SHEET 1 OF 3, QUADRANT CONSULTING, INC.", PRIMELAND INVESTMENT GROUP, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: July 22, 2008, listing 14 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 17 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Quadrant Consulting, Inc., a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements of the Council taken at their July 22, 2008 meeting as follows, to -wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO. 15 / (FP -08-011) Page 2 of 4 0 • The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water and run-off is not to create a mosquito breeding problem. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which maybe adversely affected by this decision may, within twenty-eight (28) days ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO. 15 / (FP -08-011) Page 3 of 4 after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the of J-LL-� '2008 22"01 day By:e-vw'nw- 6 O� �,,11 � Ta -eerd Mayor,ty of Meridian Attest: Tcb SIAL Jaycee Holman, City Clerk 'sy �t ts� •,�40 Copy served upon Applicant, the 0ing Department, Public Works Department, and City Attorney. B Dated: U " LD- U ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO. 15 / (FP -08-011) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: Meeting Date: July 22, 2008 V-ERI-DIANh,--C� TO: Mayor and City Council I t) A H o FROM: Kristy Vigil, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator 55 208-898-5500 SUBJECT: Bridgetower Crossing Subdivision No. 15 Request for Final Plat Approval of Bridgetower Subdivision No. 15 Consisting of 11 Commercial Building Lots and 1 Other Lot on 10.213 Acres in an L -O Zoning District, by Primeland Investment Group, LLC (File# FP -08-011). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Primeland Investment, LLC, has applied for final plat approval of 11 commercial building lots and 1 other lot on 10.213 acres of land for Bridgetower Subdivision No. 15. The zoning district for the proposed subdivision is L -O (Limited Office District). Bridgetower Subdivision No. 15 is located on the southwest corner of McMillan Road and Linder Road in NE '/< of, T. 4N., R. IW., Section 35 and is a resubdivision of Lots 15, 16, and 17, Block 36, Bridgetower Crossing Subdivision No. 11 along with Lots 43, 44, and 45, Block 32, Bridgetower Crossing No. 12. The City Council approved the preliminary plat for Bridgetower Crossing Office Subdivision on March 18, 2008. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Bridgetower Crossing Subdivision No. 15 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS Applicant is to meet all terms of the approved development agreements (instrument # 101117652 and 108059801), annexation (AZ -01-003), rezone (RZ-07-018), preliminary plats (PP -02-014 and PP -07-023), final plats (FP -05-016 and FP -05-034), miscellaneous application (MI -07-014), and conditional use permit (CUP -01-006) applications for this subdivision. 2. If the City Engineer's signature has not been obtained by 03/18/2010, the Final Plat approval for this subject phase shall expire. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. Exhibit "A" FP -08-011 Bridgetower Crossing Subdivision No. 15 FP.doc PAGE CITY OF MERIDIAN PLAPING AND PUBLIC WORKS DEPART•NTS STAFF REPORT 4. Revise or add the following note(s) on the face of the plat prepared by Quadrant Consulting, Inc.,, stamped on 07/14/08 by Peter W. Lounsbury, prior to signature of the final plat by the City Engineer: 1.) Revise to include Development Agreement number 108059801. *.) Add a note addressing the maintenance responsibilities of Lot 1, Block 46, the 20 -foot wide landscape buffer along the south boundary of the proposed subdivision and the landscape buffers along McMillan Road, Linder Road, Penngrove Way, Coppercloud Way, and Loretta Drive. The landscape plan, prepared by Harvest Design, P.C., and dated 05/21/08 is approved with the following changes: a. Include the lawn/grass symbol on the face of the plan. b. Submit a plan stamped and signed approved for construction. Submit three copies of a revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. Said plan shall be consistent with the changes listed above. 6. Graphically depict on the face of the plat the required 25 -foot wide landscape buffers along McMillan Road and the required 10 -foot wide landscape buffers on Penngrove Way and Loretta Drive. 7. Graphically depict on the face of the plat the required sewer and water easements to Lot 2 and 3 of Block 48. A cross-access/cross-parking easemeneagreement shall be recorded for all commercial lots within the subdivision. All lots within the subdivision shall have access to the access points to McMillan Road, Linder Road, Coppercloud Way, Penngrove Way, and Loretta Drive. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the final plat granting said cross -access. Prior to signature of the final plat by the City Engineer, the applicant shall submit a recorded document to the Plamung Department stating the maintenance and ownership responsibilities for the management of the development. Including but not limited to structures, parking, common areas, private streets, and other development features. 10. Include instrument numbers for the following easements on the face of the plat: Meridian City water, Meridian City water and sewer, ACHD Sidewalk, ACHD public turnaround, and ACHD storm drainage. 11. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7, and as proposed on the landscape plan. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed on the east side prior to release of building permits for this subdivision. 12. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 13. 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 - Exhibit "A" FP -08-011 Bridgetower Crossing Subdivision No. 15 FP.doc PAGF CITY OF MERIDIAN PLAYING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 313-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-313-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 14. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, final plat recorded and road base shall be approved prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 8. Compaction test results must be submitted to the Meridian Building Department for all' building pads receiving engineered backfill, where footing would sit atop fill material. Exhibit "A" FP -08-011 Bridgetower Crossing Subdivision No. 15 FP.doe PAGE CITY OF MERIDIAN PLA•NG AND PUBLIC WORKS DEPART•NTS STAFF REPORT 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 11. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 13. 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. 14. 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. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation 16. The applicant's design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the proj ect. STAFF RECOMMENDATION Staff recommends approval of the final plat for Bridgetower Crossing Subdivision No. 15 (FP -08- 011) with the above stated comments and conditions. Exhibit "A" FP -08-011 Bridgetower Crossing Subdivision No. 15 FP.doc PAGE � ■ quadrant Consulting, Inc. July 22, 2008 Ms. Kristy Vigil Meridian City Planning Department 660 East Watertower Lane, Suite 202 Meridian, ID 83642 Via Email: vigilk@meridiancity.org Re: Response to — Final Plats Bridgetower 15 and Bridgetower 16 Dear Kristy: Thank you for forwarding a copy of the staff report for the above -referenced projects. The conditions of approval outlined in the staff report are acceptable to the property owner. Thanks for your help with this project. If you have any questions, please let me know. Sincerely, QUADRANT CONSULTING, INC. Chuck Christensen Principal cc: Mr. Frank Varriale via email Exhibit "B" July 1.8, 2008 FP 08-012 MERIDIAN CITY COUNCIL MEETING Juy 22, 2008 APPLICANT Primeland Investment Group, LLC ITEM NO. 13 REQUEST Final Plat approval for 8 commercial building lots on 6.75 acres in a C -N zoning district for Bridgetower Crossing Subdivision No. 16 - Ten Mile Rd & Quintale Dr. 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 Response to Staff Report See attached Staff Report No Comments See attached Comments See attached Comments OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property, of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PRIMELAND INVESTMENT GROUP, LLC FOR FINAL PLAT APPROVAL OF 8 COMMERCIAL BUILDING LOTS ON 6.75 ACRES IN A C -N ZONING DISTRICT LOCATED ON THE EAST SIDE OF TEN MILE ROAD, APPROXIMATELY A '/ MILE SOUTH OF MCMILLAN ROAD IN NW '/ OF T. 4N., R. 1W., SECTION 35 AND IS A RESUBDIVISION OF LOTS 66, 67, 68, 69, AND 70 BLOCK 10, BRIDGETOWER CROSSING SUBDIVISION NO. 7, A PORTION OF LOTS 1— 3 BLOCK 1, GALLERY SUBDIVISION AND A PORTION OF LOT 2 BLOCK 10, BRIDGETOWER CROSSING SUBDIVISION NO. 2. C/C July 22, 2008 CASE NO. FP -08-012 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on July 22, 2008, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: July 22, 2008, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO. 16 / (FP -08-012) Page 1 of 4 IT IS HEREBY ORDERED THAT: 0 1. The Final Plat of "PLAT SHOWING BRIDGETOWER CROSSING SUBDIVISION NO. 16 LOCATED ON THE EAST SIDE OF TEN MILE ROAD, APPROXIMATELY A '/ MILE SOUTH OF MCMILLAN ROAD IN NW '/ OF T. 4N., R. 1W., SECTION 35 AND IS A RESUBDIVISION OF LOTS 66, 67, 68, 69, AND 70 BLOCK 10, BRIDGETOWER CROSSING SUBDIVISION NO. 7, A PORTION OF LOTS 1 — 3 BLOCK 1, GALLERY SUBDIVISION AND A PORTION OF LOT 2 BLOCK 10, BRIDGETOWER CROSSING SUBDIVISION NO. 2, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2008, HANDWRITTEN DATE: 07/14/2008, SHEET 1 OF 2, QUADRANT CONSULTING, INC.", PRIMELAND INVESTMENT GROUP, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: July 22, 2008, listing 14 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 16 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Quadrant Consulting, Inc., a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 1 page, and by this reference ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO. 16 / (FP -08-012) Page 2 of 4 incorporated herein, and the additional requirements of the Council taken at their July 22, 2008 meeting as follows, to -wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water and run-off is not to create a mosquito breeding problem. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO. 16 / (FP -08-012) Page 3 of 4 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which maybe adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the of V , 2008 day By: Tammy de W e ,.G yr��!/,,Mayor, Cit Meridian Attest: V� O RAL Jaycee lman, City Clerk Copy served upon Applicant, A6. Department, Public Works Department, and City Attorney. ,/,////�►►�N� B 0 FQNO Dated: og ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO. 16 / (FP -08-012) Page 4 of 4 •\ CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: We have reviewed this These conditions shall Meridian City Council: Meeting Date: July 22, 2008 Mayor and City Council CV,ERIDIAN-*,---, IDAMO Kristy Vigil, Assistant City Planner 0 208-884-5533 Scott Steckline, Development Services Coordinator SS 208-898-5500 Bridgetower Crossing Subdivision No. 16 Request for Final Plat Approval of Bridgetower Subdivision No. 16 Consisting of 8 Commercial Building Lots on 6.75 Acres in a C -N Zoning District, by Primeland Investment Group, LLC (File# FP -08-012). submittal and offer the following comments and conditions of the applicant. be considered in full, unless expressly modified or deleted by motion of the APPLICATION SUMMARY & LOCATION The applicant, Primeland Investment, LLC, has applied for final plat approval of 8 commercial building lots on 6.75 acres of land for Bridgetower Subdivision No. 16. The zoning district for the proposed subdivision is C -N (Neighborhood Business District). Bridgetower Subdivision No. 16 is located on the east side of Ten Mile Road, approximately a '/ mile south of McMillan Road in NW '/ of T. 4N., R. 1 W., Section 35 and is a resubdivision of Lots 66, 67, 68, 69, and 70 Block 10, Bridgetower Crossing Subdivision No. 7, a portion of Lots 1 — 3 Block 1, Gallery Subdivision and a portion of Lot 2 Block 10, Bridgetower Crossing Subdivision No. 2. The City Council approved the preliminary plat for Bridgetower Crossing Commercial Subdivision on March 18, 2008. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Bridgetower Crossing Subdivision No. 16 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS Applicant is to meet all terms of the approved development agreements (instrument # 101117652 and 108059802), annexation (AZ -01-003), rezone (RZ-07-022), preliminary plats (PP -01-005 and PP -07-026), preliminary final plat, (PFP-04-002), final plats (FP -02-008 and FP -04-031), miscellaneous application (MI -07-014), and conditional use permit (CUP -01-006) applications for this subdivision. If the City Engineer's signature has not been obtained by 03/18/2010, the Final Plat approval for this subject phase shall expire. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. Exhibit `B" FP -08-012 Bridgetower Crossing Subdivision No. 16 FP.doc PAG1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 4. Revise or add the following note(s) on the face of the plat prepared by Quadrant Consulting, Inc.,, stamped on 07/14/08 by Peter W. Lounsbury, prior to signature of the final plat by the City Engineer: 1.) Revise to include Development Agreement number 108059802. *.) Add a note addressing the maintenance responsibilities of the landscape buffers along Ten Mile Road, Quintale Drive, Capri Street, and Alba Avenue. The landscape plan, prepared by Harvest Design, P.C., and dated 05/21/08 is approved with the following changes: a. Include the lawn/grass symbol on the face of the plan. b. Submit a plan stamped and signed approved for construction. Submit three copies of a revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. Said plan shall be consistent with the changes listed above. 6. Graphically depict on the face of the plat the required 10 -foot wide landscape buffers on Quintale Drive, Capri Street, and Alba Avenue. 7. Graphically depict on the face of the plat the water and sewer service easements to Lots 1,2,3,4 of Block 50 and Lots 1,2,3,4 of Block 51. 8. A cross-access/cross-parking easement/agreement shall be recorded for all commercial lots within the subdivision. All lots within the subdivision shall have access to the access points to Ten Mile Road, Quintale Drive, Capri Street, and Alba Avenue. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the final plat granting said cross -access. 9. Prior to signature of the final plat by the City Engineer, the applicant shall submit a recorded document to the Planning Department stating the maintenance and ownership responsibilities for the management of the development. Including but not limited to structures, parking, common areas, private streets, and other development features. 10. Include instrument numbers for the following easements on the face of the plat: public utility, sidewalk, storm drainage, and sidewalk & storm drainage easement. 11. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7, and as proposed on the landscape plan. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed on the east side prior to release of building permits for this subdivision. 12. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttrarn, at 887-1620 for more information. 13. 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 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" FP -08-012 Bridgetower Crossing Subdivision No., 16 FP.doc PAGE CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 14. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, final plat recorded and road base shall be approved prior to applying for building permits. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman. responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 7. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Exhibit `B" FP -08-012 Bridgetower Crossing Subdivision No. 16 FP.doc PAGE CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 12. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 13. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 14. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 15. The applicant's design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the 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. 16. 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. STAFF RECOMMENDATION Staff recommends approval of the final plat for Bridgetower Crossing Subdivision No. 16 (FP -08- 012) with the above stated comments and conditions. Exhibit "B" FP -08-012 Bridgetower Crossing Subdivision No. 16 FP.doe PAGE ■■ ■ ■ Quadrant Consulting, Inc. July 22, 2008 Ms. Kristy Vigil Meridian City Planning Department 660 East Watertower Lane, Suite 202 Meridian, ID 83642 Via Email: vigilk@meridiancity.org Re: Response to — Final Plats Bridgetower 15 and Bridgetower 16 Dear Kristy: Thank you for forwarding a copy of the staff report for the above -referenced projects. The conditions of approval outlined in the staff report are acceptable to the property owner. Thanks for your help with this project. If you have any questions, please let me know. Sincerely, QUADRANT CONSULTING, INC. Chuck Christensen Principal cc: Mr. Frank Varriale via email Exhibit "B" • • July 18, 2008 MI 08-004 MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT City of Meridian ITEM NO. 14 REQUEST Continued Public Hearing from June 17, 2008 — Request for a Misc. Application for Modification of the DA for Dorado Subdivision —Northwest Corner of South Eagle Road and 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 MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Previous Item Packet / Minutes See Request to Withdraw Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 July 18, 2008 AP 08-003 MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT Ward Schwider ITEM NO. 15 REQUEST Continued Public Hearing from July 1, 2008 — Request for City Council Review for an Appeal of Director's Determination to deny alternative compliance to allow a portion of former Idaho Truss site to be used for shared parking for Broadway Integrated Project — 130 E. Broadway AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Previous Item Packet / Minutes Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • July 18, 2008 AZ 08-006 MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT Denise Alter ITEM NO. 16 REQUEST Continued Public Hearing from July 8, 2008 -- Request for Annexation and Zoning of 0.92 acres from R1 to an R-2 zone for Alter Pro. —2741 East Leslie Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See Previous Item Packet / Minutes See attached Staff Report Apo-o\ja OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. July 18, 2008 MFP 08-005 MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT Tuscany Development, Inc. ITEM NO. 17 REQUEST Vacated from July 1, 2008 — Request to Modify the Previously approved Final Plat by removing the requirement for a 5 -foot detached sidewalk along Lots 54-66, Block 5, which are located on the S. side of E. Deerhill Stree for Messina Meadows — w/o S. Eagle & s/o E. Victory . AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Previous Item Packet / Minutes Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 1] July 18, 2008 VAR 08-005 MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT Tuscany Development, Inc. ITEM NO. 18 REQUEST Public Hearing — Request for a Variance to UDC which requires bid setbacks to be measured from sidewalk or property line; applicant requests to measure street setback from back of ribbon curb for 12 lots for Messina Meadows — west of S. Eagle Rd. & south of 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 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 Staff Report Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • i July 18, 2008 SHP 08-006 MERIDIAN CITY COUNCIL MEETING JUIy 22, 2008 APPLICANT Hickory Land Partners, LLC ITEM NO. 19 REQUEST Public Hearing — Request for Short Plat to create 4 office condos in an existing building on 1 commercial building lot on 0.66 acres in an I -L zone for Northhickory Condominium -- 1020 North Hickory Avenue 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 Staff Report See attached Comments See attached Comments See attached Comments Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. July 15, 2008 MERIDIAN CITY COUNCIL MEETING Juy 22, 2008 APPLICANT Primeland Investment Group, LLC ITEM NO. 20 REQUEST Public Hearing - Miscellaneous application to modify Sub -Section 6, "Conditions Governing the Subject. Property' item A3 of the recorded Development Agreement which requires CUP approval for any future church/office uses for Verona Subdivision - NEC of W. McMillan Rd and N. Ten Mile Rd AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Report 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: Affidavit of Sign Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. L] July 18, 2008 C� RZ 08-001 MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT Elisha Ricky ITEM NO. 21 REQUEST Ordinance -- Request for a Rezone of 0.32 acres from R-4 to an O -T zone for Trinity Assisted Living -- 1353 West 1 st Street 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 Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DA�YARRO AMOUNT .00 I BOISE IDAHO 08/01108 10:10 AM RECORDED -REQUEST OF Meridian City 108087853 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE FINDING THAT ELISHA RICKY THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-08-001 TRINITY ASSISTED LIVING) FOR REAL PROPERTY BEING SITUATED WITHIN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, LOT 8, BLOCK 1, WESTERN SUBDIVISION, BOOK 24, PAGE 1498, ADA COUNTY RECORDS, AND ALSO THE WEST 30.00 FEET OF A PORTION OF WEST FIRST STREET, 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 O -T (OLD TOWN 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: Elisha Ricky. SECTION 2. That the above-described real property is hereby re -zoned from R4 (Medium Low Residential District) to O -T (Old Town 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 TRINITY ASSISTED LIVING — RZ-08-001 - Page 1 of 3 July 18, 2008 AZ 06-022 MERIDIAN CITY COUNCIL MEETING July 22, 2008 APPLICANT Briggs Engineering ITEM NO. 22 REQUEST Ordinance -- Request for Annexation and Zoning of 9.98 acres from RUT to an R-4 zone for Prato Villas Subdivision -- 4052 & 4202 West Daphne Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached. Ordinance 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. � &1 ADA COUNTY RECORDER J. DAVID NAO AMOUNT .00 c BOISE IDAHO 08/01/08 10:10 AM DEPUTY Bonnie Oberbillig ILI LIII'�III�I'IILIIIIIILIIII'IILLI III RECORDED -REQUEST OF 108087852 Meridian Ciry CITY OF MERIDIAN ORDINANCE NO. 1719- 15-16 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ -06-022 PRATO VILLAS SUBDIVISION) FOR ANNEXATION OF PROPERTY BEING A PORTION OF WEST DAPHNE STREET AND ALL OF LOTS 6 AND 7, BLOCK 2, OF BLACK CAT ESTATES NO. 2, AS RECORDED IN BOOK 32 OF PLATS, PAGE 1945 AND 1946; ADA COUNTY RECORDERS OFFICE, LOCATED IN THE SOUTH % OF THE SOUTHWEST '/ OF SECTION 27, TOWNSHIP 4 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 RUT (ADA COUNTY) TO R-4 (MEDIUM - LOW 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 the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Chad Colbent, Gerald Saxton, Kent Pintus. .SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT (Ada County) to R-4 (Medium -Low Density Residential 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 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 OF AZ -06-022 PRATO VILLAS SUBDIVISION Page 1 of 3