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2008-06-03
o w Meridian Citv Council Meeting June 3, 2008 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, June 3, 2008, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, Joe Borton, and David Zaremba. Others Present: Ted Baird, Jaycee Holman, Anna Canning, Kyle Radek, Bill Johnson, Bob Stowe, Steve Siddoway, 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 call tonight's meeting to order. We'd like to welcome you here this evening on this raining evening. We thank you for braving the wetness. It is Tuesday, June 3rd, for the record. It's 7:00 o'clock. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Darrell Taylor with Cherry Lane Christian Church: De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Darrell Taylor. He's with Ten Mile Christian Church. I would invite you to join us in the invocation or take this as an opportunity for a moment of reflection. Pastor. Taylor: Let us pray. Gracious Heavenly Father, thank you for this country that we live in, for the freedoms that we have. Father, ask that you will protect the great men and women in uniform that are defending this freedom. We ask Lord that you will guide and direct our nation's leaders and thank you, Lord, for the men and women here tonight that have dedicated their time and effort to make this community a community we can be proud of. Give the wisdom, Lord, to make the decisions necessary for a safe place to raise our children and grandchildren. Father, I ask this in your name, amen. ~, ~ ~ ~ ~ i ~ ,~ r i_ . , t fi ~~ H ~ 4 ~; ~ t - ~ i 1 j S } { 8 EE % F ~ x ( { F ~ I t [ 3 i ! r ~ I ~ f ) ~1 S ~ ~ ~ ~ ' ,i ~ j it1 ~ 1 ~ } f , $ ~ ~ E ~.~ ~ ~ 1 ~ ~ ~sl E f ~ F l k t I ~ ~ ~ ~ ~) ~,. !rit I ~4 5 # '~ 3 q k ~` ~ ' % ~ f 3 ~ 1 E ~ I i P ~ ~ ~ ':Q p ~ pq , } 3 ~i ~ f ~' ~ t ~'t7 ~ ~~~ 1 ! ' ~~ ~ l ;I. 1 { ~ ~ # ~; ~ b , s ~ R 1 , .1 1 k ~ . ~ ~ . t ~ _ i `. ~ ~ i ~ f i~ ~ 3 ,~ r ~ ~ I ~ I ~ ' ~q I ~ ` ~ E' ' ~{ f i ~~ I # ~~ ~ ~ s, ~ ~ ~ ~ ~ ~ s I f ~ ~° ~ F ~ i ? _ Meridian City Council June 3, 2008 Page 2 of 56 De Weerd: Thank you, Pastor Taylor, and I appreciate you coming out on a rainy evening to lead us. Item 4: Adoption of the Agenda: De Weerd: Okay. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the agenda, Item F under the Consent is resolution number 08-611. Item No. K on the Consent, we would like to pull 7-K on the regular agenda. And under -- on the regular agenda under the Executive Session, we no longer need (1)(b), it's just -- the Executive Session will be under (1)(c) only. With that I move we approve the revised agenda. De Weerd: Mr. Bird? Bird: Yes. De Weerd: I guess I would like to keep (b) on there just -- just in case. Bird: Leave it on? De Weerd: Uh-huh. Bird: I have no problem with that. De Weerd: Okay. Zaremba: Madam Mayor, second and discussion. De Weerd: Okay. Zaremba: Item 14 there is a proposed ordinance number that we could add. Bird: 08-1368. Yes. De Weerd: Okay. Thank you. Zaremba: Second accepts that. t ~+ ~ ( t ' ~ s~ S~ 3 ~ ~ o-- ~ -f ~ . L. #. ~ i y~ ~ fa ~,, 1~ ~~ ;'1~ i ii ~ ~ ;j_ ~~ ~ I j Q j ff + r i t ~ ~ ,j~ ~ < I tai ~ +t t i ` j r~: k ~ I 1 -. ( F f' ~~ ~ ~ ~ ~ t sf ~ at ~~ E i ~ ' ~' € ~ ~ ~ ~ I ~ ~~~ ' ~ ~ t , i I ' ~ ~ r .. I~ [ . .i ~ iii '~ ' ~ ~'~ ~ t f ~ ~'- 2 Z ' ~ 1 ~ i i j ~ _ ( G # - 1 ~ ~ !i 44y ! ~ ~ ~r" r ~I ; { ~. ~ ~~ ~ 1 ~t ~~ i l~ ~ ~ ~ ~~: "{ ~ 1 ~- j ! ' ~~ f _ al~~~ Y .~y ~ I ' + ~ ~E. 4 "f S' ~ k ' ~ ~ i . ? ~} y '. F i j I i it ~ I k ~ ~ ~ ~~~~ ~ ~~ ~~ ~~~ ~ d ~~~ ~ ~ ~~ ~ ~ t. ~~ 1 1 ~ (~~. 1 .~' i ~4 ' R~ i Meridian City Council June 3, 2008 Page 3 of 56 C J De Weerd: Okay. You have a motion and a second. All those in favor say aye. All ayes. Motion carved. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of May 20, 2008 Pre-Council Meeting: B. Approve Minutes of May 20, 2008 City Council Regular Meeting: C. Approve Minutes of May 27, 2008 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: SHP 08-003 Request for Short Plat approval to create 4 condominiums in an existing 4-plex unit on 1 residential building lot on 0.15 acres in an O-T zone for Noe Vallev Condominiums by James McLean and Karen Swett -121 East King Street: E. Water Main Easement Aareement for Arch Rock Subdivision by CTD Development, LLC: F. Resolution No. :VAC 08-004 Request for a Vacation of a portion of the public utility easements platted with Verona Nos. 2 and 3 Subdivision for Verona Nos. 2 and 3 by Primeland Development -Northeast Comer of West McMillan Road and North Ten Mile Road: G. Development Agreement: AZ 07-020 Request for Annexation and Zoning of 21..81 acres from RUT to R-15 zone for Chalet Marseilles by RC Meridian Partners, LLC -Northwest Comer of East Ustick Road and North Locust Grove Road: H. Chance Order No. 2 to Aareement. for Professional Services with Civil Survev Consultants, Inc. for $4900.00: I. Standard Form of Aareement with Star Construction, LLC for Class A Reclaimed Wastewater Disinfection and Distribution Improvements for $79,790.00: J. Cross Access Easement Aareement for Emeraency Services with Ten Mile Christian Church: De Weerd: Item 5 is the Consent Agenda. }T E Et ~ t ~.' ~ ',~~ i~ ~ ~ ~F j 1 ~ ~ s~ ~ i F ~ ~ ~~' ; i -. ~ t , ~. ~ ~ ~~ ~ k 1 • ~Y ~ ~ ~ i ` _ r f! ~ ~ ~ ~ 1= I 1 / S{ I ~ b ~~ ~ ~ ~ f- ~ ~[ L + i ~, ~~ 1 •~ ; ~, ~ ~ ~" ~ 1 §, C 1 i 1 l ~ f ~{{ =k - Tg ~' I~ ' h i i ~: P~ El i 15'1 I ~ .y ~ ¢ k ~ ~ b . h I I: ~ 3~~ ~ ~ xx S , ~ ~ µ 1 C( ~i { ~ ~ ! 1 F [[[[[[[[[[[[ ` 4 ~ {{ ~~ ~ P C I '' 1 ~ ~ C . ~ _ ' J S r I~ t Meridian City Council June 3, 2008 Page 4 of 56 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, Item F is resolution number 08-611 and Item 6-K has been moved -- would like to be moved to 7-Kin the regular agenda and with that I move we approve the revised Consent Agenda and for the Mayor to sign and the Clerk to attest all papers. Zaremba: Second. De Weerd: Okay. That was a motion and a second to move 5-K to seven and the rest as stated. Discussion? Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Finance Department: 1. Chance Order No. 2 with Hobson Fabricating Corporation for a Not to Exceed Amount of $9,941.00: 2. Chance Order No. 2 with Simplex Grinnell for a Not to Exceed Amount of $19,499.28: De Weerd: Item 6 we have Department Reports. Under the finance department -- we don't have anyone here. Our -- Holman: Madam Mayor, Members of the Council, Keith Bird will not be here this -- Keith Bird. Keith Watts, I'm sorry, will not be here this evening, because he's sick. De Weerd: Yes. He did have the flu. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I have went over both these. These are -- these are not -- these are change orders to the contract, but they are -- they are additional work that's been added, not -- not something that was left off the plans or anything like that. It's a different type. So, if Meridian City Council June 3, 2008 Page 5 of 56 you would like, I would move that we approve change order with Hobson Fabricating, not to exceed 9,941 dollars and for change order with Simplex Grinnell for not to exceed amount of $19,499.28. Rountree: Second. De Weerd: Okay. I have a motion and a second and we will look at how to better list these on the agenda to reflect those kind of things. And I know that you do have a chance to look at those before they are put on the agenda, so I appreciate your comments. Okay. If there is no question, I would ask the clerk to, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. B. Public Works Department: 1. Line Item Reallocation Request for Unexaected Costs Associated with Wellness Rehab for $119.735: De Weerd: Okay. Under Public Works Department. Kyle. Radek: Madam Mayor, Council Members, I prepared a few slides, so that you could see a picture of the project we are talking about, Well 14 rehabilitation. Well 14 has been in service for 15 years without any rehabilitation. Originally, the scope of the construction of the rehab was what you see in front of you there, a pretty small laundry list for 25,000 dollars. And I'm going to take you into the well right here, 334 feet down into the well casing and you can see it should be nice and smooth and shiny around the edges and it's -- it's generally not. At 420 feet down you can see the steel casings compromised and at 434 feet down you're looking at the connection between the casing and the stainless steel screen in the well. And, there again, the casing is compromised. What we, essentially, have is a hole in the ground, instead of a well. So, this is what has become of the rehabilitation plan for that well and it is no longer a 25,000 dollar job, it is a 106,000 dollar job that we bid out and I wasn't going to show that slide, but that was for when the right question was asked. But, essentially, the job has gotten much more complex and it's, essentially -- if we want to have a well again it's stuff that has to be done. De Weerd: Okay. Council, any questions for staff? Zaremba: Madam Mayor? Bird: Madam Mayor? De Weerd: Mr. Zaremba. c {{ b i , ~ ' ~ CC ~ ~. ~ ~ ~ r , i rp ~~ F ~ ~! ~ i `1 ~~ I ~ ft f ~ ~ ~ i ~ -y ~ ~ ~ P~ a j $ ~ ~ 3 ( .~ }ii I ~ ~ ~ t ~.~ e 4 j 1 :~ ~ is ? ~ - ~ 1 4 T E 1fi I i ~ I i 3 I ~ ~. 41 ~ ~: ~Li f k ~ 7 C ~ c i 7 rl ~ v ~ ~ ~ S ~' ~ F . ? k1 ~ I. ~ p ~ F ~ ~ ~ ~ ~ ,~ .i ~: ~a ~ ~ $ { ~ ' . t ,l :~ '~ 1 ~ i X ~ ~ ~ a I [ ~ C ~ ~ ~ I ~ , E ~ ' ~ } . 1 ~ F { ~ i J ~ P ~ :r ~ ~~~ ~ i ~ ~ ~ ~ , ~ i ~F ~ ~~ I ~ ~i i ,:f ~ yC 1 x~ ^~ l : ti, .i i i ~ ~ ~l '.i ~~ '~ ~~~; ~~ ~ 2`a ~ :fi{ ~ t ~ f ~ .~ ~,~~ ~ , ti ~~ ,~ yw,~ ~ ~-~ ~ a ~; ~ ?; Meridian City Council June 3, 2008 Page 6 of 56 r 1 L_J Zaremba: Just a thought on the PVC casing -- and I may be way off on this, but there are different kinds of PVC, as sometimes you don't want to drink water that goes through PVC pipes, but there are other kinds that are inert or something like that. Radek: Most of our -- I should say virtually all of the water pipe we install is Class C900 water pipe for our -- for our water transmission lines and this would be the same type of PVC. Zaremba: Okay. Radek: It's a little different shape, because it's a well casing, I think it's a little thicker and it fits together a little differently, but I don't know that there is any difference between the PVC and this well casing and the PVC that we use in our transmission lines. Zaremba: Thank you. De Weerd: Okay. Mr. Bird. Bird: You're asking for a line item of 119,735, but you're telling us it only costs 106. What is the other 13,735 going for? Radek: Councilman Bird, that's what this next slide was for. There are other projects that are going along at the same time as -- that was just the construction project and along with construction you have design of the well rehab, design of the pumping plant rehab, design of the pumping plant piping and the list kind of goes on with a well project. So, there is extra costs in virtually all of those things. Bird: I understand that. De Weerd: Thank you. You were not going to stump him tonight. Any other questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Two quick questions. With the reconstruction cost and the other effort costs, what was the original 25 allocated for on Well 14? Radek: Essentially -- Councilmember Borton, Madam Mayor, essentially, the first rehab effort was just to pretty much clean the well, scrub out the casing and the screens and in rehab we are putting in a new pump plan if it was required. But it's something that is pretty commonly done in wells and you will have encrustations in the wells after a few years and they won't pump as well. So, essentially, the first project was pretty much clean it out and get it going again and after half of that money or a little more than half Meridian City Council June 3, 2008 Page 7 of 56 that money was spent, we cleaned it out and found that we had a clean broken well, so -- Borton: Madam Mayor? De Weerd: Yes. Borton: So, is there any component of that 25 that's still remaining that can be allocated to some of these new costs? Radek: There actually is about 11,500 dollars of that original 25,000, but, then, like I said, we have those other -- those other projects that are, you know, all gathered into this same Well 14 effort and we didn't want to come back for another line item allocation request, so we put a little cushion in there as well, so -- Borton: Okay. Thanks. De Weerd: You put a little cushion in there. Radek: Because of the nature of this project, we added up the money we have allocated now or we have obligation for this and, then, I think we added 5,000 dollars to it, Madam Mayor. De Weerd: Okay. Council? Rountree: For contingencies. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: And I -- can I -- I don't mean to peck and I don't doubt the need to do the -- the full reconstruction that you're describing, but if it's, you know, 106 to do the reconstruction and, then, as Councilman Bird pointed out, there is an extra 13 to try and accomplish some of these and, then, there is also 11 other thousand that was previously budgeted, but not spent, my gut reaction would be to allocate 119, less the 11,000 savings, I guess you have maintained. I wouldn't necessarily want to budget this full amount if there is still 11,000 budgeted. See what I mean? Unless I'm missing the math, it looks like you got the extra 13 to accomplish these goals, but there is still 11,000 in addition to this still remaining. Radek: Councilmember Borton, Madam Mayor -- and we did account for that extra 11,000 that hadn't been spent as well when we looked at all these other things we have going on. So, I don't believe there is going to be 11,000 on the table when we are done. Borton: It's spent to accomplish some of this stuff? i f ~7' ~,~ ~~ .J ~ ~ ~, ~, ~~ I ~ i ~;~ @ t' f ~ .: i ~ s :3 1 ~ s ~ k ~ ~ ~ ~~ i i :~ T ~ i i 3 ~ ~ i ~ ~ jfs ~ 3 .4 3 ,~i 1~. f n C ~~ I" r / ~ i i € ~ 1 € ¢ ~ Y t P, s ~ ~ ! j ! ~ + i iF i ~ ~ ~ ~Y i ~; ,~ ~ ~ ~ $ ~ ~j f. ?~i I ~ 5 ~ s I ~; ' ~ 7 . ~ ~ ~ . ~ t ~; l; ;i tY F ' ~ ; ~ f i ~ Z' ~ t I i , ~ ~ ~ ~ e , `~ d s 7 h '+ I ~~ a ~ I ~, k k~ ~ i R ~ ~f I ~ 9 ~ ~ '~ `o { rt ~ e ~ I 'r s o ~ ~ ~ v p p ~~'4 ~ ~ ~ ~ 4 ~ ' :F . ~ ~.~ F 1 ' ~ 4 5 f ~ ~ ~ ~~ ~ ~ ~ mo ~. F[ . ~ I . [~ { jj Meridian City Council June 3, 2008 Page 8 of 56 Radek: That's correct, sir. Borton: Okay. De Weerd: Five thousand is not accounted for. That's the buffer. Rountree: Madam Mayor? De Weerd: Okay. Any other questions? Mr. Rountree. Rountree: Hopefully a final question, but when we are done we will have a functioning well; correct? Radek: That is correct, sir. Rountree: That's the outcome we want. De Weerd: The bottom line. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would move that we approve the line item reallocation of 119,735 dollars for the rehabilitation of Well No. 14. Bird: Second. De Weerd: Okay. I have a motion and a second to approve. And,- Kyle, if we could, at the end of this project, bring back to Council just as an FYI, a final accounting. Radek: Yes, ma'am. De Weerd: Okay. Thank you. Any discussion on this motion? Okay. Roll call, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. C. Fire Department: 1. Budget Amendment for Reimbursement from Southern California Wild Fires: ~ ~ ~ } ~ ~~ i ~, i~~, >~ 4 ~f! ' (~ F ~ ~ E ~ E ~' # , ~~` 'I` ~' i 4 ; { ' ~ , ~ ~ ~ ; ~ ~~ , ~~ ~ :~ ~! ~ It N ~ i a r ! ~~ ~ a ~: t~ ~ a~ i~ ,, t ~ z f ~ ' ~ t @ _: ~ 2~2i 'f~f f t A ~~ ~~ i t ~ ~ p i ~~ "~`r ~: r ~ ~ ~ ~ 1 ~'~: i # ~ ° ~: ' ~~ i i i ~a 333 3~ ~ a ~. ~ 3~ 1~ t i, i ~ f Meridian City Council June 3, 2008 Page 9 of 56 De Weerd: Thank you. Okay. Next item is our fire department. I see Chief Johnson there. Johnson: Madam Mayor, Members of the Council, the reason for our budget amendment request is we finally received our reimbursement for the southem Califomia wild fires, which we sent a crew down to and an engine back in October, November of 2007. The check that we received was for 94,252 dollars and under our operating expenditures the way we'd like to put that back into our budget is 71,601 dollars into our overtime budget, which we expended covering the cost for those guys while they were down there in Califomia and the other 22,651 dollars into our vehicle maintenance fund, which was, basically, the rental of the fire truck while it was down there and Chief Anderson felt that was an appropriate place to put it as one of our aging fire trucks has required a lot more maintenance on it than we had budgeted for and that would help offset some of our overages there. De Weerd: Okay. Council, any questions on this budget amendment? Rountree: I have none. Bird: I have none. De Weerd: Okay. Do I have a motion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve the budget amendment for the reimbursement from the southem Califomia wild fires in the amount 94,252. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the request. 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. D. Parks Department: 1. Parks & Recreation Commission Meeting Time Change Ordinance• De Weerd: Okay. Item D. Mr. Siddoway. ~ :~ ~ 3t' R ~ ~ ~ ~ r ~ ~ x$F ~ f f 1 1 f ~ ~ ~: e ~ ~? ~ ~ ~~ ~ s c I' : & 1 ` ~ ~ _~ i is {.{ ~ j d fi' ~ ~ ~ ## . 9~' sDg ~ r ~ ~ x~ y ~ ~ 1 7 k ~. ~ ~ ~ FI { y ~ l ! 5 ~} ~ t ~ ~ i t '' ~ ~ ! ~ a C ~ r ~ ~ tt~ rC ~~ 1 3 1 1 t ' I ~ f: iii I ' ~ € ; ~ ~: ~ i ~ i k ! ~ I i ){ $ a ~ ~~ x ~ ~ I ~ z ~ ~ { ~i t I ~ (j 1 ~R i~ $ 9 ; ' Z ~~ !'? F 9 ~ ~ ~ ' ' ~ E ~ i ~~ ' ,~I q:. I~ ~ iii, ! ~ €, 1 ` s~ ~ ~ ~? t f t! '*, '. ~-. Meridian City Council June 3, 2008 Page 10 of 56 Siddoway: Thank you, Madam Mayor. For more than six months now the Parks and Recreation Commission has been holding special meetings for their subcommittees beginning at 6:00 p.m. and their regular meeting started at 7:00 p.m. What you have before you is an ordinance that would amend Title 2, Chapter 2 of Meridian City Code that formally changes our start times from 7:00 p.m. to 6:00 p.m., so that we will, in effect, no longer have to notice a special meeting every month and the 6:00 p.m. start time will just become our regular meeting time. And with that I would stand for any questions. De Weerd: Okay. Council, any questions? Bird: I have none. Rountree:.l have none. De Weerd: Okay. Mr. Zaremba? Zaremba: Madam Mayor. I move we adopt the Parks and Recreation Commission meeting time change as an ordinance and does that mean that needs to come back to us with an ordinance number? Oh, it already is an ordinance. Baird: Madam Mayor? Zaremba: It's a change to an existing ordinance. Baird: Madam Mayor, Members of the Council, this is just an opportunity for you to be brought up to speed on the matter and give any input that you have. If it's your desire to move forward, then, the direction would be to bring it back on the agenda as an ordinance next week. Zaremba: So moved. Borton: Second. De Weerd: Okay. It's been moved and seconded to bring this back in ordinance form next week. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Mayors Office: 1. Line Item Reallocation ReQUest for Transfer of Funds for 1 500.00: E~ , 'i i ~~ y i ~ ~g~~ I Z~y! i ~ .i - 1 ~'i ' R 6 r I~ I ~` ~ I ~ } :,i ~ ~ I ~ ~ ~ ~~ i ~~ I, ~ ~ ;~ '+ ~ ~ ~ ~ 3 ~ ;~. r y~ x ~ f ~! II i! ~ +i :i i s! k { it 1 'i 1, i ~,,, ~i ~~ i S1 '1: i f >. fi r r >; i y i 3 } ; ~,I t-~~, ~ ~~ x ~.+ ~i,; i' f ~t f ~} t )~ I: f ,~ :I t ,,€.~ r ,~ .~ ~; f ' ~' ' IC' t l " r~ 2 .; Meridian City Council June 3, 2008 Page 11 of 56 De Weerd: Okay. Item 6-E under the Mayor's office. This is a line item reallocation request to transfer funds from the Mayor's office to the Arts Commission line. Is there any questions from Council? If not, do I have a motion to approve the transfer? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the line item reallocation of 1,500 dollars from the Mayor's office to the Arts Commission. Bird: Second. De Weerd: Okay. I have a motion and a second. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: K. New Beer and Wine License Application for Von Smith dba Corkscrews Wine Shop and Pub at 729 North Main Street: De Weerd:, Okay. Council, we did remove an item from Consent Agenda. It's Item -- what's listed on the regular agenda as Item 5-K. I will ask for staff comments. Mr. Baird. Baird: Madam Mayor, Members of the Council, this was put on at the last minute last week at the request of the operator of a new establishment in downtown Meridian. They were given until today to bring forth all the matters that would be required to get that liquor permit. So, what I suggested that we do is see if anyone is in the audience from Corkscrews who can tell us if you have met those requirements. If not, I'd suggest that we vacate this matter from the agenda. De Weerd: Okay. If you will, please, come forward. Thank you for joining us this evening. If you will state your name and address for the record. Smith: My name is Marla Smith. I live at 347 South Moonstone Way, Meridian, Idaho. De Weerd: Thank you. Mr. Baird, were there missing items? Baird: Yes, Madam Mayor, Members of the Council. A certificate of occupancy was needed and, you know, quite frankly, I'm at a loss. I'm hoping that the presenter can tell you what was required and what she has. E ;i ' ii i~ - t` ~a ~ E ~_ ,~ ~ - ~ - t u ill ~ f ! ~` ~ ~ ~' ~ I '_ ~ E f ~ j t ~i i ;I , ~, , t s ~'I ~ , , i kyy i ~ ~ f ~ i ~Ts _ ` ~ ~{C ~ ' lk G }' C tCCt I f p j ~ -I I .~ ~_ _ ~ ~. i'~ r ~ Y I t ~ c I ~{ ~ F S Y ~ ~. } ~ ~ I ~ ~I 1 ~' ~ i ~ ~ ~~ 4 ~~ i ~ ; ~ ~ ~I ,~ ;~~ ° <, 3 h I ~ ~ i ~ 'i ~ ~ ~ ~ ~ ~ ~ ~ F t . ' # ~ F ~ ~ li C ' J y ~ , ~ I S, ~l , ~ ~ I r . ~~ ~, , . ,; ~ I, r ~ ~ ~ ~! _ i i I ~;' ~ ~ ', i ~ 1 ~ ~~ j ~ ~. ~i ~ ~ ' i ~ ~ ~ ~ ? ~ ' C i , i ~. ' ~ ~~ ~ , ~! i ~. ~ M , ~ ~: ;~ ' f- Meridian City Council June 3, 2008 Page 12 of 56 De Weerd: Okay. Thank you. Smith: Okay. We have a certificate of occupancy. I don't -- we picked up a copy of it yesterday. De Weerd: Okay. So, you were issued the CO yesterday. Smith: Uh-huh. De Weerd: And were you required anything else in order to get this permit? Smith: I think we have a -- the fire department has signed off on a temporary license for us. We have some ongoing things with the business -- with the building owners, but they did authorize a temporary one, so I think that was the only other issue. De Weerd: Okay. And do you have your county permit as well? Smith: You should have a copy of that. I dropped it -- De Weerd: Okay. Well -- Mr. Baird? Baird: Madam Mayor, Members of the Council, it sounds like everything's in order. If all those documents can be provided to the clerk's office and once they are verified, then, we would be looking for a motion to --from the Council to issue that permit. De Weerd: Okay. Thank you so much. Smith: Thank you. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I got one question. How do we give atemporary -- or a CO with a temporary fire permit? Would the fire department like to explain that? Johnson: Madam Mayor, Members of the Council, I will try to the best of my ability. What the situation here is this business occupies a portion of the building and as such there is some ongoing concerns with a monitoring of a fire alarm system is the number one thing and so what I believe Deputy Chief Silva and Chief Anderson came up with was to give them the time to get this in order with the building owner, as well as the business owner. It does not have any forbearance, typically, on the fire protection of the building, just the monitoring of the alarm system, as well as some local alarm stuff, as gongs and notification, to the best of my knowledge on this. And it has been in the past -- I know temporary occupancy permits have been given before, not necessarily in this Meridian City Council June 3, 2008 Page 13 of 56 situation, but in others where there was some stuff that didn't have a major life safety concern. De Weerd: And this had never been required for this particular tenant space, so it -- they are giving them some time to remedy it. Bird: What kind of time limit? Johnson: I do believe it was either July 1st or July 31st. Don't know the exact one on that for sure, Councilman Bird. Bird: Okay. De Weerd: Okay. Any other questions? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Not sure to who ask the follow-up question of, but if it's not completed by then, their permit is invalid at that point? Baird: Madam Mayor, Members of the Council, Councilmember Zaremba, are you asking is the liquor permit invalid? We can't -- we can't condition the permit. Now is your chance to either approve it or put it off until you can get this matter resolved. Zaremba: The certificate of occupancy would be invalid. Baird: That would be a question for Mr. Radek, I believe. Or possibly someone else at the table. Wrong department. Canning: Madam Mayor, Members of the Council, if the -- the certificate of occupancy, if it's only signed as a temporary release from the fire department, then, they will just receive a temporary occupancy from the building department is what should have happened. So, they will reevaluate that at the time. If they are not able to meet those conditions, conceivably you could pull the certificate of occupancy and because the liquor license is tied to the space, it would, in effect, null the liquor -- or the beer and wine license. But I think that there is other preventions in place, rather than -- than having the condition or feel like you need to condition the beer and wine license. Zaremba: Madam Mayor, I think that satisfies my question, which was is there a hammer, and, apparently, there is. De Weerd: There is a hammer. Zaremba: Okay. ~, ~ '1 ~ ~ ' Y {A, ; l ~~~ ~y 1~ h ~ 4 k ~ I t- ~ ~ ? I f `{~ 4 %~ i' y •f 1 F ' ~ ~~ 1 }}~ i S I t ~ ~ ~ ~ Meridian City Council June 3, 2008 Page 14 of 56 • Canning: Madam Mayor, Members of the Council, there is also a conditional use on the property, so there are other opportunities, other hammers. Zaremba: Thank you. De Weerd: Okay. Council, I have a request in front of you. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the new beer and wine license for Vaughn Smith doing business as Corkscrews Wine Shop and Pub at 729 North Main Street. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve 7-K. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. De Weerd: Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Request for an Appeal of Denial from the Citv Clerk for TNT Fireworks• De Weerd: Thank you. Okay.. Item 8 is a request for an appeal of the denial from the city clerk for TNT Fireworks. Madam Clerk, do you want to introduce this and, then, I'd ask for Mr. White, who is appealing, to comment. Holman: Thank you, Madam Mayor. Madam Mayor, Members of the Council, this is an appeal from TNT Fireworks to add -- well, it's an appeal of a denial, but what they are requesting is to add a sixth location to their existing application. Their existing application was five locations throughout Meridian and at the time of the April 15th cutoff they were under the understanding that their lease had expired at this other location that they want to have. It's up here at the Albertson's at the Cherry Plaza. After the -- soon after the April 15th deadline I was contacted by Annie Premo from their headquarters and she said they had realized that their lease had, in fact, not expired with Albertson's, it was listed under a different name. So, she contacted me asking what she could do and I said, technically, she could give me another application -- give an application for that sixth location, I would have to deny it, because it's past the April 15th deadline listed in the ordinance. She would, then, have to file a letter to appeal the denial and, then, bring it before the Mayor and the Council to make a decision on whether they ~ I ~~ ~~1 5, i ~;~ } ,; ~: k 4I ~1 ~qy i C 1 ! ~, ~ - t1 ~~ ;i 1. a ~ C, ~~~ Meridian City Council June 3, 2008 Page 15 of 56 would accept that or not. She has all of -- TNT Fireworks has all of their paperwork in. This is an amendment to that original application to add this other location. If you grant the appeal of the denial, what we are looking for is some guidance as to how to handle this in the future if this comes up again. Say, for instance, maybe next year it's someone who has one application and, then, maybe it's a month before and they want to add five other locations. TNT Fireworks has been excellent to deal with. She's communicated everything with me on time. This is just a hiccup, I think, that happened and they realized it fairly soon after the deadline. So, we are looking for guidance. And I believe -- his name is -- Wade White is here, he's the local rep for TNT and he would like to come up and talk to you about the appeal. De Weerd: Thank you. Mr. White. White: Madam Mayor -- De Weerd: Hi. White: How are you doing? De Weerd: If you will state your name and address for the record. White: My name is Wade White, 1545 Loggers Creek Lane, Boise, Idaho. De Weerd: Thank you. White: ff I would -- I wish you would reconsider for -- I'm representing not only TNT, but also the Bodensteiners, which run the stand. They ran it last year and did an excellent job. And, of course, they use this as a source of income. They are retired folks. And they'd really appreciate it. They tried to be here tonight, but she just had knee surgery, so I suggested she stay home and I'd represent them, so -- De Weerd: That's good advice. White: Yeah. De Weerd: Council, do you have any questions regarding this request? Bird: I don't. Zaremba: Madam Mayor? Rountree: Madam Mayor, I just would like to affirm that -- the guidance that the planning administrator gave to us in terms of this -- correct? White: Yes. ~. _.r t . Z f C 1 4 ~~ f I 1 { 7 I, ~; j t ~. ~ ;- } 4 `: ~> F ~. 7F". ' Y ~. Meridian City Council June 3, 2008 Page 16 of 56 Rountree: And you agree with them? White: Yes. Rountree: Thank you. De Weerd: Mr. Zaremba. Zaremba: I just was curious -- how many years has this same operation been in the same location? You said at least one. Has it been longer? White: Yeah. They were there last year and -- Zaremba: Okay. I thought it had been longer than that. White: I think they have run that one, but they have run other ones for us before, so -- and they use it as a source of income to them and their family, so -- Zaremba: Thank you. De Weerd: This is just a part of the process, since staff can only adhere to the policies as -- as created by Council. Council has the authority to approve appeals. So, it's just part of the process. White: I understand. De Weerd: Okay. Council, any further information needed on this item? Rountree: Madam Mayor, I need some information as to what the meaning of the item is. It says it's a request from appeal. Or is this, actually, an appeal of -- De Weerd: To appeal. It's a request to appeal the denial; is that correct? Rountree: That isn't what my agenda says. Bird: No. Holman: Madam Mayor, Members of the Council, Councilman Rountree, yes, it's in a -- they are appealing the denial. I may not have made that wording very clear, but it is an appeal of a denial. Rountree: Okay. De Weerd: Okay. Anything else from Council? Zaremba: Madam Mayor? 1 ` t lb t a i{ ~ 1 ~ ~ 7 j ~ ~~ r~ r ~ 1 j j k ~: l ~ +' ~ P, i i ~ ~ ~ I ~ ~ "' ~ ~ ~ i ~ r~~ ; rx . ~ if ( Ii i } i' ~- ~~ ~ ~ ~ t~~ Sy r~~AA~ ~=i ~ .(, i ~ ' i ~ F ~ } ~ i 1 ~' ~ ! ~ ~ ~ t ~ ` Sfl 1 'T. ~ ~ ~ f ~ 7 ~ i ~ n V{t r ~ ~ t~ ~ t~ ~ H ~ ~ ' ~ ~ i ~ f" s ` ~ ~ ~ ~ ~ , , ~ ' ~ i ; ~ ~ ~: ~ r ~ ; ~ 4' ~~ `;~ ~ ~k~ i .~ ~. it i'. `~- ~ ~ ~ ~ ~ ~ Y J ~ ~~ ,~ ~G ~1 9 i~, ~ l s ~ y~ r; k ~ ~ Meridian City Council June 3, 2008 Page 17 of 56. De Weerd: Mr. Zaremba. L Zaremba: I would just express a personal opinion. I appreciate the way the clerk has handled this. I believe that was properly handled. Personally, I'm inclined to say all is well and we should approve the appeal of the denial, meaning that we should overturn the denial. I can understand the circumstances behind it. The second part of it is I would not want that to establish a precedent. It would be followed in the future by other applicants. So, I would separate those two thoughts of whether or not this is appropriate in this case. I probably would say that if anything like this or similar happened again, it would, again, be an individual decision of the Council. Personal opinion. De Weerd: And that is the intent of the process. Zaremba: Okay. So -- De Weerd: So, anything further? Any further comments? White: No, ma'am. De Weerd: Council? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I would move that we grant the appeal of the denial, by which I mean that it would be all right for them to operate the sixth location, as applied for, and, again, reiterate that this is not to establish any kind of a precedent. Borton: Second for discussion. De Weerd: Okay. Discussion. Borton: Maybe it's being hyper technical, but would the motion maker amend it to -- to grant the appeal, but allow the clerk's office to accept the application, not necessarily rendering a decision that it's accepted and they can operate, merely allowing the clerk to accept it and process it. It might be a fine detail, but I think that's what's being asked. Zaremba: Yes. That's fine. Borton: Okay. ~ ~,t 1 I ~~ ~~ ~ ~ I ~ ~ ~ ~ F F i ~` E~i ~ ~ i i ~ r ~' E } j ~ ~ o ~ ~ ~ b~ i ~ ~~ 7a :~ 'i ~, .~~~ ~ .~ ~y. i- .i - ~ti t ,'i F ~~ ~ ~ ~ ~. 1- ~ ,, fi 4 ! I' :j A ~ ~ ~,~ ~ ~ ~ ~ ~ i 1 7 '! i ~~ t ~ ~ I; Meridian City Council June 3, 2008 Page 18 of 56 De Weerd: Okay. So, the motion is to accept the -- to approve the appeal of the denial to the accept the application from TNT for the sixth station. Well, I think that's what you said. Rountree: Sounds good to me. De Weerd: If it was confusing -- Zaremba: He snowed me, but I just agreed with him whatever he said. I think we are all going the same direction. Borton: The clerk can accept it. The clerk can accept it. De Weerd. Okay. The clerk can accept it. Okay. Any discussion from Council? Rountree: I have none. De Weerd: Any clarification on that motion? If not, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 9: MFP OS-003 Request for Final Plat Modification (FP 08-005) from the approved Site Specific Condition Number 5, page 2, to delete the last sentence and read: All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist or construction debris shall be regularly removed in accordance with an approved trash management agreement for Paramount Subdivision No. 16 by Paramount Development, Inc. - west of North Meridian Road and north of West McMillan Road: De Weerd: Okay. Request granted. Okay. Item 9 is MFP 08-003. The applicant has provided -- staff comments or -- Canning: Madam Mayor, Members of the Council, the staff is recommending that we accept the applicant's request. So, they did provide a letter saying that they received the staff report and appreciated staffs recommendation. De Weerd: Okay. Council, any questions for staff? Bird: I have none. 1 ~ ~ ~ ' i ti e ~~ {[ ~ i. I ~ R ~ ~ ~ ~ Qq I r , ~ ~ ! ~ f = 1 f ~~ ~ F f S t ~ ~ ~ t{ ! ~{ S ~ l G i.. I' ` ~ -; 9 I ~ ~~S k ~ ~ 1 x ~ ~ > ~ . t F • I : 3 ~ ~ ~ ~ I c i ~ i ~~ ~ t ~ r , ~ s e ~ , i f i ~ g P ~ ~ Y 1 E ~ I i~ TT~ i 2 . ~L t ~ < ~ ~ j 1 k ~` I ~ ~ 1 ~ ~ : I ~ { ~ ! I: k ! ~ ~ ' ! ~ ~41 ~ ~ ~ x, S ~ 5 ' f ~ ~ ~. ~ F 1 1 .~ ~ '. ~ ~ is (! ` ~ ~ I ~ ' ~ ~ ' i' ~t ~' '~ ~ ~` ~ '` ~ ~ t , < i - . x , Meridian City Council June 3, 2008 Page 19 of 56 Rountree: No. De Weerd: Okay. Do I have a motion? Zaremba: Madam Mayor? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Go ahead. I'm way ahead of myself here. De Weerd: Okay. Mr. Zaremba. C7 Zaremba: Madam Mayor, I move that we approve MFP 08-003, which is a request for a modification of FP 08-005, as stated in Item 9. De Weerd: Do I have a second? Borton: Second. De Weerd: Okay. I have motion and a second. Any discussion? Hearing none, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 10: Continued Public Hearing from May 27, 2008: ZOA 08-001 Request for a Zoning Ordinance /Unified Development Code (UDC) Text Amendment to modify, clean up and add specific sections to the UDC (see application for details of all sections proposed for amendments) for Unified Development Code Text Amendment #4 by the City of Meridian Planning Department: De Weerd: Okay. Item 10 is a continued Public Hearing on ZOA 08-001. We will ask for staff comments. Canning: Madam Mayor, Members of the Council, I presented this to you last week and there was a few comments, so I'd like to go through those and, then, answer any other questions you may have. There was some testimony -- written testimony provided by Mr. Jim Jewett with regard to the TN-C district. We have gone through and incorporated the spirit of those comments. We took exact language and made sure it can fit in with the code as we saw most appropriate. We did forward those to Mr. Jewett. I don't see him in the audience tonight and we have not heard from him, so I'm ~ A I ' ~ ~ ~ ~ I l ') ti i f ~ I~ I F ~ ?I ! !!!! J t F k . L ~ ~ ~ I ' i' i , - `r t j ~ f ~ i ~ ~ ~ I ~ ~ C-t ~ i } ~ ~,, ~ - ~ ~ 1 ~ I ~ ' ~ ~ ~ -~ ~ ~, K ~ t ~ ` ~ : ~ i a ~~ ~: 1- ~ , ; o ~ ~ ~ ~~ ~~ ~ S7 ~ 1 ~ i z , " ~~ ~ ~ , ~ ~ ~ ~ } , a ~ ~ a ~ ~ ~ ~, ~ yY I ; s j [. ! ~l F ~ 1 f ti ~ ~ I 2 ~ 1 ~~ I $ r i 7 t i~ . a ~ ~ C k ~~ it ~ ~ 11 ~ i i. j ~ ~i c- ~ ~ ~ C ~ ~ ~ G . , ~ ~ t~ I '' r ~ ` x i' 7! k i ~ i , ~ 4 ~ F Y~ i ~ `' a ~ ~ ~ ~ I ~ ' I ~ ~ k; ~ ~ ~~. ~ G ~ ~ ~ ~ I { . ~ {{ f ' , { ~ ~ I' ~ s .b ~ 1 ~ I ~ ~ t r~ t~ p . ~ $ ~ {~ ~ 3~' . ~ ~I ~ I II . ~ ,i '{ I ~ ~ ~ e i3 I ~ ~ ~ i ' 1I E r~ ' `,~ ~ 1 F { 3` ?~ I 1 ~ y ~ ~~ H ~ ~t ' ~ I }, ~ M L i A { i 1 ~ ~ EI { '~ ~ ' ~ ~ F ~` >+ r :! Y 1 ~ ' ~ E fi '~ ~ ~ ~ I _ a r`~ ~ , Meridian City Council June 3, 2008 Page 20 of 56 assuming that he is agreeable to those modifications we made. And I did want to just go on the record -- my only concern with these modifications is that we will likely need to modify them again shortly to incorporate the design guidelines. So, I just wanted to -- I really don't have any concern with them right now, but we may come back in another couple of months and suggest other modifications. With regard to political signs, there was a section in there that pulled out political signs in residential districts to remove any time and date restrictions on those political signs. There has been concern expressed about the proliferation of signs, so what we did, instead of the previous method, we went back through and took out any content references in the temporary signs in residential districts and because there is no discrimination as to the content, then, the time and place restrictions can remain, because it applies to all signs in residential districts. If you really want more information on that, I can provide it, but that's the short answer. De Weerd: Okay. Canning: Then, there was -- Councilmember Rountree expressed some concern about landscaping in industrial districts. I did go through and look at the code today and have one short new addition to the alternative compliance landscaping standards that we could add with regard to that. As I testified last week, I have been doing this as an alternative compliance. I'm more comfortable doing it that way than doing a relaxed standard for all industrial properties, because it's difficult to accommodate those changes and uses where it goes -- where it adjoins residential or commercial or streets. So, I felt more comfortable just making it clear in the alternative compliance section that you could ask for alternative compliance with regard to the truck maneuvering areas and the use of chain link for fencing within industrial districts for screening, chain link with slats for screening within industrial districts. So, I did add that one. And, then, the final thing was you asked that I go back and add gated communities or gates for private streets. There were some recent changes done by ACHD with regard to a minor street section that would replace our current private streets, so that, coupled with the gate question, I felt would be better served doing a separate ordinance amendment for that and I will follow up on that, but I felt the scope of it was a little too broad for the noticing that we have done so far and that it really should be noticed and perhaps even remanded back to the Planning and Zoning Commission. So, I felt it was better just to move forward and come back through and follow up with the a private street amendment. So, there may be additional items Council wanted to talk about. It was late last week. We didn't discuss much, so, please, let me know if there is anything else and I can address that, I can bring up the staff report that has the list of the full changes, if you so desire. There was also -- we received written testimony from Gary Inselman with Ada County Highway District with regard to the access to streets provision in support of that. De Weerd: Okay. Thank you. You have heard staff comments. Any questions from Council? Rountree: I have none. Meridian City Council June 3, 2008 Page 21 of 56 Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Anna, I had a question on the landscaping in industrial districts part, the 11-5B- 5B-3. And when I looked at the list of potential uses, first thought was that -- to just -- to pull from that amending provision the last sentence, the part where it says are within an industrial district and/or. So, you can -- so, the thought would be you can utilize that chain link with slating when it's near adjoining properties that are industrial uses, not merely are within an industrial district, because some of those uses in the district aren't really industrial. So, just throw that out for -- Canning: Madam Mayor, Members of the Council, any -- the current code provisions generally require buffers to industrial uses, rather than industrial zoning districts, actually. We went through and looked at that. That being that there are some industrial or -- usually it's just the opposite, it's non-industrial uses. So, really, any use in an industrial district would be an industrial use. There are some industrial uses that aren't in industrial districts, either because they are in the county or they are mis-zoned or they are kind of a -- have nonconforming zoning currently. So, we did look -- we did think about just using uses. We did think about just using districts. We can do either. Because it was altemative compliance, I wasn't too concerned about putting both, because it's still a judgment call as to whether or not I feel it's appropriate, rather than a standard. And this was one of the reasons I didn't want it to be a strict standard, because it does require a lot of just common sense and good judgment in applying it. Borton: Okay. Madam Mayor? De Weerd: Uh-huh. Borton: With that understanding that it's, you know, directed towards altemative compliance, I see some obvious uses within a zone which you probably would clearly pick out aren't appropriate to utilize that type of screening. Canning: Yes. Borton: So, as long as it gives you the flexibility to deny it where it's not appropriate. That was my only question. Thanks. De Weerd: Okay. Any further questions for staff? Bird: I have none. Rountree: Not right now. Meridian City Council June 3, 2008 Page 22 of 56 r.1 De Weerd: Is there any public testimony on this application? Yes, sir. Sir, even. If you will, please, state your name and address for the record. Morrow: Walt Morrow. 2340 West Franklin Road, Meridian. De Weerd: Okay. You want to pull the microphone close -- closer. Morrow: Is that close enough? De Weerd: Yes. Thank you. Morrow: Okay. Thank you. I have some questions or some comments with reflect to -- and Anna and I have talked about this -- five foot landscaping requirements on interior lot lines within an industrial district. The issue there is that they don't make any sense from the standpoint of maintaining them when you have them back to back on each side of the property line, you have inter-growth amongst trees, it denies both properties the use of that. We have problems maintaining them from the standpoint of tractor-trailers, delivery trucks, those types of things, breaking the curbs, running over trees, breaking trees -- it is an expense, needless to say, that you don't recapture in terms of having the industrial user maximizing the potential of the lot, which is -- is the job there. So, I don't have any problem with landscaping along street lines. I do think those landscapes in industrial areas ought to be ten to fifteen feet and not necessarily more like 50 feet adjacent to a freeway. Certainly if that were the case when Western Equipment and Cesco and all those folks were there -- built their projects along the freeway, then, may preclude those folks from even being in there within the community. So, in the quest of trying to bring jobs and industry to the area and we compete with other areas, it seems to me that we have to understand that the maximum use of the dirt that's there creates the income and the capability of the companies to be there and the maintenance long term of the interior lot lines, landscaping, is problematic. Alternative landscaping is -- can be arbitrary. It seems to me that it's just another step that we don't need to do, but we have no landscaping required in terms of the interior lot lines and we have company backing to -- company backing and have the fencing in between. There is probably no better example of the things that I'm talking about than in Railside Subdivision, which is at Pine and Locust Grove, as you drive through there, it's now about a five or six years old subdivision, you can begin to see the overgrowth of back-to-back landscaping. You can see the difficulties that companies have with screening fences and chain link fences that aren't screening and maintenance and the fact that you lose the use of the dirt that can be put to better use in terms of making those businesses more aggressive -- more profitable and less maintenance. So, that's how I -- that's how Anna and I differ in terms of the interior lot lines. Any questions? De Weerd: Council, any questions? Bird: I have none. Zaremba: Madam Mayor? ~; ,; ?' ~~ ~~~ r ~';. ~, ~. ~ ~ ~~ ~ 'i: J ~ II'i ', III ~I ;: ,~! y i~ ~~ `i 4 ~. S ~~~. ~' ~,_ . ~:. s ~, t, Meridian City Council June 3, 2008 Page 23 of 56 U De Weerd: Mr. Zaremba. Zaremba: He makes an extremely valid point, I believe, and I think others have made a similar point way back in my memory from times on the Planning and Zoning Commission. I think I have heard the same sensible comment. Part of the reason for the landscaping requirements are not just to make them pretty, but the landscaping helps clean the air, helps cool areas, and I think the intent is not to have vast areas that have no landscaping. So, I guess my question isn't really for you, it's for staff, Director Canning, and that would be the solution to the problem here would be altemative compliance, but since this has come up several times in my recollection for the same reason in -- always in an industrial zone, might we just want to say that we could eliminate it on the interior lot lines and make the requirement more stringent. along the public road line -- if we figured out what the altemative compliance usually would be and, then, change the ordinance to say you have to put all alternate compliance in front of your building or something and, then, we didn't have to struggle with this every time. Is that workable or is that difficult? Canning: Madam Mayor, Members of the Council, we actually, don't have a landscaping requirement on interior lot lines. Where the requirement kicks in is because we have a requirement for a five foot landscape buffer adjoining any drive aisle areas. So, any vehicle driving areas I think is how it's worded. So, where that ends up happening is parking lots and, then, these truck maneuvering areas and the parking lots I think Mr. Morrow and I perhaps agree to disagree that -- that -- I still think they are necessary along just the parking lots, where they have provided vehicle parking spaces for customers coming to the -- to the building, I think that those are still appropriate in those locations. The other areas which can be a large portion of the site, are the vehicle maneuvering areas and that's why I specifically reference them in the language I'm proposing, is because we do get -- it just doesn't make sense sometimes, I will agree on that one, that there are instances where it's just asphalt for the purpose of moving those trucks in and out. There is no customers going back there or it's just maneuvering areas along with storage areas and the landscaping has little benefit to the actual storage of materials within the property. So, that's why I called those out for altemative compliance. But a lot of it depends on how that individual property is being used in relationship to the adjoining properties as to what makes sense and, again, that's why I would prefer that it stay within altemative compliance, rather than a more lenient standard. Zaremba: Thank you. Morrow: If I might, Mr. Zaremba, I would also suggest to you that the vast majority of these sites, in terms of the building lots, are acre to an acre and a half in size, with ten to 15 to 20 thousand square foot buildings. And so in that generally you have organized parking along the street frontage areas and the rest of the lot is primarily overhead doors that you're backing into and out of delivering, plus driving around the building, plus storage areas, so the interior lot lines in some cases maybe used for some Meridian City Council June 3, 2008 Page 24 of 56 incidental parking, but the primary parking is along street frontages where we already have landscaping available. So, it's a matter of these sites are fairly -- are small sites. We are not talking about five acre sites, which, obviously, different standards should apply, because of the sheer size of the them and I'm sensitive to the argument about cleaning up the air and so on and so forth, because you can do it by size there. But on these particular subdivisions and sizes, there is just not a lot of room there and we are spending part of it for this use. That doesn't make a lot of sense. If that helps. Zaremba: Thank you. De Weerd: Well, what it muddies is what development do we -- do we account public parking on -- on the street in the allowance? Canning: Madam Mayor, I think Mr. Morrow means that it -- it backs up to the public street. That you have your street buffer and, then, you have your parking. De Weerd: Okay. Morrow: And, then, typically where ever you have your street buffer, you also have your parking and, then, the other two or three sides of the lot, either utilizing within the usage of the building. De Weerd: Okay. Morrow: And that's the problematic area. I'm totally on board with the street. De Weerd: Okay. Any questions for Mr. Morrow. Okay. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: It's not a question. I agree wholeheartedly with what you're saying and I wouldn't put it up in the front, (wouldn't -- I wouldn't try and -- you know, if you take away that requirement and pose something else somewhere else, just for the sake of doing it, I would be inclined just to remove it, but, procedurally, I don't see -- and I'm looking through everything on this topic, I don't see this particular issue as being one that is up for the Public Hearing, which we could address through this process. It might be one that we need to fix. But assuming we wanted to go that way -- I might, but if everyone else did, can you do that for this process or does that need to be done another time? Canning: Madam Mayor, Members of the Council, Councilman Borton, I forgot to look that up. Let me check. Hold on. Borton: Kind of a long way to ask that question. I didn't see it. F ~ c ~ s~ ~ ~~ ~ ';~ °~ ~ is ~ ` s } ~ ~ ~ ~ ~, i " ' ~ ~~ ~ ~ ~ :3 ~' i F~ j 11 ?.' i h e r~ t 4 ~ ~ 5~ S#yr 1 1 ~ 2 I ~ ~I ~ ~ ~ ~I ~f Y '1 ~i P= ~ lid , " ~ h ~ ~ ~ ' ~`'~ 3 ( ~' ~ '~~ ~ I ~ ,. ' ~ ` ~ ~ ~ '.9 ~ ~ t y ~t r ~ I~ ,~~~ 7 ~ ~ S y y{ i ~ E S ~ _ ~ i' ~ I ~ 4 f ~.~ .i '~! ~, i '~-' d jc ~ ~j ~ g ~ 1 (1~ a.IF i i .~.~. ~ , 1. i. 5.i ~d ~ `i: ~. '. ~. 4a ~. } ~ 'fa fix:. ~ ~~, ,~ t ~ n. ~. .~! "K ~. Meridian City Council June 3, 2008 Page 25 of 56 De Weerd: Mr. Rountree. Rountree: Well, I was just going to make that comment. I don't believe it was included in our original public notice. It was added because of my comment last week. I think this paragraph that Anna has provided us tonight is -- is -- or could be an interim until we get to the issue and maybe make the modifications next go around. But for now I think Anna attempted to do what she could on this item as this was advertised in hearings presented last week. A question for Mr. Morrow. I think that -- had a lot of schooling here, visited a lot of sites. It is an issue. I think it's something that we need to get on the agenda and talk about. But for Mr. Morrow, I think on an interim basis that at least having something written about truck maneuvering areas and chain link is a step forward and, hopefully, makes the process a little less arbitrary and I think Anna used the words common sense and I always go back to that comment that whose common sense are we using. And if it's Anna's, okay. If, however, Anna, has to give that common sense to each and every staff member as applications come through, then, I think we ought to get this on the agenda, get it taken care of. So, I'm just asking you for an interim as an approach that -- you can wait and -- Morrow: That's fine, as long as you continue to get to the point, because to something -- because we are rapidly running out of industrial or light industrial ground within the city. We need that in terms of a job base. The city's goal, in my opinion, needs to be to try to create cities in Treasure Valley that are job neutral, so we don't have quite as much commuter -- commuter traffic, those kinds of things. There is lots of positives about continuing to pursue industrial development and as long as the standards make for usable lots, then, we will attain that. I would have no problem with the interim steps, as well as we progress towards the ultimate goal. De Weerd: Well, even if you did we couldn't do it right now. Rountree: I think that's what Anna is going to tell us. Canning: Madam Mayor, Members of the Council, actually, you can. We did -- part of the original was to modify the alternative compliance section. So, that is a section that we noticed for changes. So, you can make those changes. I would suggest that it would be appropriate at this time and as Mr. Morrow develops some properties, let's see if it helps us in moving toward that. If it achieves those goals, again, I think that -- I really think that it's going to be too difficult to write a standard to replace common sense in this instance. So, for the interim I would like to suggest that we just go with this for a long interim until we can figure out if it's working. De Weerd: Well -- and I think you could define it as the -- it's the director's call and, then, that answers your question, Mr. Rountree, on whose common sense. It's the one that's answerable to you. Bird: Madam Mayor? I, ~ ~ ~ r ~ ~ ~ a:tr f' K I ~ 6 e ` ~ ( t r ~~ ~ ! ~ ~' ~. 3 , E i{S t ~ ~ 1 Ji ~. I ,~ F , ~ ~ ~ ` i ~: y~7 f ~~ ~ d ~~ E i ~ J'CI ~i i { } 3 i [t t i , ~ S l ~: 1 ~ ~ I ~ ~ a ~ s ~ a ~ s ~~ 1 ~ ~ ~ I 6 { ~ ~ ~ E~ ' ~, i ~ 1 ~ Y [ 1 ~ ~ '~ i 3 9 4 1~ ~ ~ ~ I ,~ ' E ~ ~ 5` ~.~ ~ 5f~ t } ` I ~ ~~` 1 l 3 1"'~ ~ [j ~ b ~ i y b~ 1 ~[ f~ ~ 'Syy6f' _ y ~ r 5vy I, ~ f i i ~ ~1t I ~ j , s ' ~ ~ ~. - ~ ' K ~ t 3 + ; p y~. ~ I ! i ` 7. reaf i ~ ~ ,r I ~ £ ~ ~ ~ r I.`7 1 F Y yg - ~ 4 v ic ~a 1 ~ 11 Y x' ~ ~ ~ I r ~ : ~ $ ' ~ ~ h I ~ ~ r , ~~. w. ~. ~is p f ~ ` ~ ~~ ~. t I I ~~ j i 1., I g ~ t ~. ,i ~_ i~ , ii 4: ~ ~ ' 1 d. ~~ ~ i1 ~ ~ 1 1 ~ ~ 4 i =,, ~r ~ S k'. ~1, i 1 li ~ ~. ~ ~' ~ ' , ~ r i, +S~F ~c= ~ ~ ( ~ ( ~ c x~ 3 { ( j} Meridian City Council June 3, 2008 Page 26 of 56 De Weerd: Mr. Bird. Bird: I just soon have a law written that's clear and to the point than to have altemative concepts every time we have something come down the tube. Because we have very few to do identical applications and if it's a law written in there, then, that's the way it goes and the people don't have to worry about what the altemative concept's going to be all out. They know what is allowed and what isn't allowed by that. So, I would sooner see us get hard facts and set the law in place than -- and have no judgment left for it myself. I think you got to also look at the land -- the setbacks. Very much so. Industrial is different that retail. And we are losing industrial ground in Meridian. We are losing industrial business that is going to the west of us. So, we need to get after it. Borton: Madam Mayor? Oh. De Weerd: I don't think that's always a result of not lack of I-L or landscaping. It might have something to do with ownership, so -- Mr. Borton. Borton: Madam Mayor, Idon't -- I don't have issues with any of the other amendments, but if -- and I can't find, Anna, the -- and maybe this is the language you're putting up here, which -- which fits and allows the option to try and make this change to this process. I know this process takes some time and if this is fixable, I'd just as soon table it a week to get language on this particular issue that addresses at least what Councilman Bird's talking about, if there is a way to have some more concrete guidance, again, on this one issue. Bring that forward. All the other changes I'm fine with. If that means we table it a week, I'd rather do that than require a separate UDC text amendment application to come forward and all the time and hassle with that and delay, so -- Canning: Madam Mayor, Members of the Council, I -- I don't believe that -- well, the text I was showing before was a portion of the altemative compliance section. So, that was something we had notified. I'm not sure that we made changes to the landscaping provisions that would need to be changed to make this apermanent -- and that's what I'm trying to look up now. I just wanted to make sure that if we delay it a week to make permanent changes, it may require re-noticing anyway. But we can do that if you'd like. I -- again, I'm very nervous about a permanent change to not require any landscaping adjoining truck maneuvering areas without some -- you know, that they could take up right to the property line of an already developed property. There may be trees on the adjoining property that need to be protected. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Anna, you -- if we went that route you might be right. I mean I guess it also invites the opportunity for you to put together the list of why that idea is just dead wrong. ' r ~; 9 ~ ~ - , a ~ ~ ~, i S i~ + C 9 K t ~ 3 j ~ f ~ ' { 1 B i p: e ~' ~ j {{ ~ ~ ~. ~ ~~~ 1 ! i 4 N I ~ $ ( ~~ ~ ~ ~ ~ ~~ , ~ ~ ~~ n i ~ ~ i ~ ~ ~~ t Lt ~3 ~ { i ~ ~~ ~ 1 ~ ;~ y ~~ i t! ~~~ ' ~v .~ _ 'r 'b ~ r ~~ . f i~ j f ; + b ~ ~ ~ y i3 i ~ rl I - • it I~ ~ ~ ~ y ~~sl ~ l` '~ ~ iii ~ ~ ~, ~ 1 J' ~ i ~ ~ ' , ~ I' [ ~, 4 C y 1 ~ ¢ E ~ k E ~ 1) { ~~ I . ~' ~, i d ~ i E •d F 6 `; i p ? ` , f F j t i E FF ~ ( ;7 ~~ ~~' ~ i ~' i t AS~'~ r z s ~ ~ ~• ~ t: ~ j~ ~. - ~ ~ ~ 1k ~ ~ ~ ~ ~ ~ fI 1 ~ ~ ~ ~" ~~ k y ;~ ~; Meridian City Council • June 3, 2008 Page 27 of 56 My reaction right now is it's the right thing to do. I could be wrong. But I guess that allows us to craft language and understand that issue a little more. I just -- it's just an idea. I might be by myself on this. De Weerd: Well, certainly, Council, it's your call. I think Anna has a point where there is some -- if you rush this through it can't be well thought through and if Mr. Morrow was okay to move forward with what has been suggested so far, he can be part of the new language and look at it as a complete picture where we can anticipate unintended consequences from action that might be done hastily. So, it certainly is discussion and your decision. And I won't ask for it right now, because this is a Public Hearing and there may be someone else who wants to testify. Mr. Morrow, anything else? . Morrow: No, thank you, ma'am. De Weerd: I think you have caused enough trouble. Is there any other public testimony on this application? I did have one other signed up. Mr. Forrest -- okay. Thank you, sir. Okay. Seeing no other public comment, Council, what is your direction? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would just chime in with what I think has been said. Other parts of this are coming together and developing into their supposedly final form, but I could agree with continuing this for a week to get some of the language on this subject, if that's what other people are saying. Rountree: Next week is a workshop. Madam Mayor, if we do -- continue this, we would have to do it I think until at least the 17th. I'm not sure that we would have time on the 10th during the workshop to address this. De Weerd: Huh-uh. Bird: No. De Weerd: Perhaps we should ask Council or staff if they have time to bring it back, then, by the 17th. On just that one issue. At least a recommendation and your -- your best advice on if you can deal with it under the current parameters of the changes as they are or if it does need to come back in a different format. Canning: Certainly, ma'am. De Weerd: Okay. Canning: I could probably provide that within five minutes time by looking at -- at the code briefly. If the Council's desire is by the 17th to have new language, I guess I'm still ` I ~ ~ H ~ I ;Y T }~ ~i 1. j o' [ ~~~ _ ~.: ~ I i 1 ~ .II i' ~ {{i S; ~ 1 5 E ~ ~,3, ~ 5I ~ ~t is ! i ~ , ~ ~"' F ~ ,~ ~ ~i ~ ~ ~ ~ 1 ' ;~ ~' ~~ ~, ;~ €;w ~ ~ ~' ~ `~ ~ ~! ~ ~ ' i~ ~ ~! ~, .III ~~ ~~ ~~ ~` ~~; ~ tt f' ~ '. ~~ ~' }li ~ ~; ~ 4`i ~~~ x~! 1~, nl~ ~ ~, a ~~~~ ~ `~ 4 ~ ~: Meridian City Council June 3, 2008 Page 28 of 56 a little unclear on who all I need to consult -- am I working with Mr. Morrow? Am I working with -- there is -- there are two industrial owners that talk to us regularly, Mr. Morrow is one and Mr. Van Auker's representative is the other, so I -- Rountree: Madam Mayor, I'll chime in. It might help that I would suggest that you work with your liaison. Bird: Be glad to. De Weerd: And I'm sure the industrial users that you know of, they would be good to consult. Bird: That's right. Canning: And have spoken to Mr. Morrow in the past. He's drug me on many a site visit at this point. And I did call Mr. Miller today to talk to him about the issues as well. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I did want to clarify to make sure that my remarks were not misconstrued to say that changing the language was the only option. I certainly understand the reason for the request and it sounds like a reasonable request, but I'm also open to staff providing a defense of what's already there. Canning: And between the -- Zaremba: I didn't mean to say the thing I wanted to hear was new language. Canning: No. And, Madam Mayor, Members of the Council, there was actually a difference of opinion between the two individuals I spoke to with regard to the -- the five foot landscape buffer, so -- Rountree: I can't imagine that. Zaremba: Imagine that. De Weerd: Okay. So, I -- it looks like the 17th will be an interesting discussion to continue this on. Just that one subject. Rountree: Madam Mayor, I would move that we continue Item 10 until our regularly scheduled meeting June 17th, to address specifically Item 11-5B-56-3. Bird: Second. ~ I f ` ~ ' ~ ~ .,.. ~., ~ ~ ,i ~ ~ ~ ~f~ ~ 6 h i 'r t ? ~ i ~ ~ I ~ I ~. '.! I 1 d ~ F1 7 -t i I I ~~ ~ ~ i ~: fit.; ,' ..~ ~ i ~ :~ i a{ ~ ` ' ~I it i ~, ~tzl ~ ~ ~: '~ ~:~~ ~ i I . ~ I ~ ~ ~~ ~ ~ ~ ~ ~ ~~ {' r 3 ~ i ~ r I . t ~ ~ ~ ' . s ~ ~ i ~ Meridian City Council June 3, 2008 Page 29 of 56 De Weerd: Okay. I have a motion and a second to continue this until June 17th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 11: C®ntinued Public Hearing from May 20, 2008: VAR 08-004 Request for a Variance to UDC 11-3H-4B.2.a, which prohibits new approaches directly accessing a state highway to allow a temporary access to SH 55/Eagle Road for Great Wall Restaurant by Kinsan Chan - 2590 North Eagle Road: De Weerd: Okay. Item 11 is also a continued Public Hearing on VAR 08-004. I will ask for staff comments at this time. Canning: Madam Mayor, Members of the Council, you may recall I gave the full presentation on this Public Hearing item and, then, the applicant requested tabling it after my presentation. So, I will not go through the full presentation, unless you would like to rehear it. De Weerd: Council., you did get a briefing atone time. Is there -- would you like to have it refreshed? Rountree: Madam Mayor, I just want confirmation that though there was anticipated change, nothing's changed. Canning: Correct, sir. Rountree: Okay. De Weerd: Okay. Thank you, Anna. Is the applicant here this evening? Thank you. If you will state your name and address for the record. Fairchild: My name is Mike Fairchild, I'm the architect representing Mr. Kin Sun Chan. My address is 1518 Mulligan Street in Middleton, Idaho. De Weerd: Thank you. Fairchild: Madam Mayor and Members of the Council, we have been working on this site for quite some time, anticipating that we would get access to this site through the property to the east, Boyd Homes or something like that. De Weerd: Bach Homes. Meridian City Council ~ O June 3, 2008 Page 30 of 56 Fairchild: Yeah. Bach Homes.. And -- but it looks like that's been delayed many times and it's been delayed again. They have removed their temporary access request. And also -- and it's getting down to where he really needs to get to going on this site. It's just wasted time for him. He's got a site he can't use. We have got -- we have got all the different applications and all the different processes done to get this site going, except for we have no access to it to get going. And the site plan that we see -- you can see towards the east we definitely have plans for the future, as soon as there is access to the north and to the south on a frontage road that we would definitely be removing the temporary access and going to those accesses to the south and to the north. So, this definitely would be a temporary access until those others could be used. What I understand is that property -- this piece of property alone was annexed into the city at the same time as the properties to the north over the slough. Yeah. See that red line and you can see my -- our property that's outlined there. They were annexed at the same time. As what I understand it, those -- that annexation became a part of the city before the ordinance to limit access to the Eagle Road was adopted. So, because of the hardships that it puts on my client and the fact that it was annexed in before the adoption of the ordinance, we would -- we would definitely ask that we could use that temporary access. It's going to take quite awhile just to build the building, so we won't have public going in and out of that very much until probably six months, almost a year before we get it actually finished up. So, with that we'd ask that you would grant us a variance to that ordinance to be available to use a temporary access until the others are available. De Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: On April 18th you were directed by the Idaho Transportation Department or given guidance that you needed to apply for an access permit. Have you done that and have you received an access permit? Fairchild: No, we have not, sir. We have not -- no, we have not applied for it. Rountree: Okay. De Weerd: Okay. Any other questions from Council? Okay. Thank you. Fairchild: Thank you. De Weerd: Okay. This is a Public Hearing. Is there any member from the public who would like to testify on this application? Okay. Seeing none, Council, any further questions for staff or the applicant? ~ ~ 1 i~ a ~ a ~ a ~ ? ~ ~ ~: i 1 I ~ ~"[: A u7 ~(~ ~~ ~~ ~ ~ ~~ k s~ ~ ~ ~ ~ ~ ~. s, ~ f # ~ ~ `1 .~ ,~ '. '" `~ t ~f ,~ ;, ` ~ ^~ 2 ~t ~; ~. ~ 1 ~ ~ ~ i `' ( ~ ` `. ~ i ~i ~ i . y ~~ ~ ~ Meridian City Council June 3, 2008 Page 31 of 56 Bird: I have none, Mayor. Canning: Madam Mayor? De Weerd: Yes. Canning: Members of the Council, I forgot to note that you did receive additional testimony from Mr. Joe Silva with regard to access -- how that should be configured, if Council chooses to grant the variance. De Weerd: Okay. Anna, I guess I have a question. And I -- it relates to -- this parcel was part of Red Feather? Canning: Yes, ma'am. De Weerd: And I don't recall the application itself. What was the plan at that time for access? Was it to access through the existing development or -- Canning: Madam Mayor, Members of the Council, the access and the future development of the other Red Feather commercial property were not an item of discussion during any of the hearings. There was no concept plan. There was very little thought given to them, other than they all required conditional use approval prior to any development. So, upon granting the variance, Mr. Chan I believe was his name, will need to obtain conditional use approval as well. De Weerd: Thank you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Can I ask a question of the applicant again. Anna reminded me about the fire department's comments that -- I presume you have seen those concerning the request that if a variance is granted that it be limited to a right-in, right-out only? Fairchild: I haven't seen that report from the transportation department. Borton: So, if the -- Madam Mayor? De Weerd: Yes. Borton: If the request was that should an access be granted it would be limited to right- in, right-out And the access to be 24 feet wide to accommodate two-way traffic, with an inside turning radius of 28 feet and an outside turning radius of 48 feet. With those recommendations from the fire department are you acceptable to that? Meridian City Council June 3, 2008 Page 32 of 56 Fairchild: Yes, we would accept those. Borton: Okay. Fairchild: And I believe we already have a conditional use. I think we have already went through that, haven't we? We have been so long at this project I forget a lot of it. Borton: Understand. Okay. Fairchild: Thank you. Borton: Thank you. De Weerd: Sir, Iguess I -- I don't know if I have a question, more a statement. Oftentimes when these parcels come in we usually don't approve them without a plat and this is one of the reasons why. And it came under a time when we were evaluating the access management along this corridor, because the accesses start to be so many you start creating a hazard and one of the things that this Council takes very serious is their public safety that -- public safety of their jobs. Even granting a temporary access or a variance to provide or allow for a temporary access, it does create a public hazard and even though you say that there won't be a number of trips, because it won't be open for business, there will be construction traffic, which sometimes is slower than car traffic and entering and existing Eagle Road is a hazard and I think our safety personnel can -- can verify how much time and resources we put out on that -- that transportation corridor, because of some of the hazards that exist today and that is why this Council found it fit to limit the access to the half mile or even in some cases at the quarter mile, because it does present a hazard to the traveling public, both entering and existing properties, but also to the through traffic in that -- in that transportation corridor. So, there is reasons why new ordinances are created after properties are zoned and they, then, are subject to the new ordinances. And maybe what wasn't in existence then, they are now for -- for specific reasons and I do understand your client's position, but you need to understand our position, too, in that they have to look for the public safety aspect and for the good of all, not just one property owner. So, they don't want to necessarily create those public hazards. And so those are the things they need to balance. So, I appreciate the situation. You're representing your client, but I just want you to see the other side of that, too. And appreciate your time. Council, any comments or questions? And anything further from the applicant? Okay. Thank you, sir. Okay. Council, what would you like to do? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move that we close the Public Hearing on Item 11, VAR 08-004. ~, '~I S ,~ 4 I j 1) Cj ~ ~ ' t i ~ r ~ . I 1 _ as ~ ~ri~ i P t ~ E :` i ~. . I ~ ~' '' Z {i. ( - ~ ~il ~ t ~ ~ ~ ~ ( } ` +- ~ . 1 ~ ~. a. I a~~ ~: ~ ~ ~;~ ~~ ~l :~ I k .~, ~ ( t ~~ ' I ~ ~ 1~ ! ~ ~~, t #i I I ~,~ 1 Y G ~~ ! f '~ ~ + ~' ~ l (r; } ~} ~ ' ; 1 ~ ~ [ i ~; ;j ~ ~: ~ ~, E :; i ~ ,~ ~ ~ i sa~ k s i } I I t, ~~ yy~ Y ,, j qqq~ ~ , i ti. ~. h ~~ Meridian City Council • June 3, 2008 Page 33 of 56 Rountree: Second. De Weerd: I have a motion and a second to close the Public Hearing on Item 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Discussion? If there is no discussion, do I have a motion? Borton: Madam Mayor? De Weerd: Mr. Borton. Gorton: I will throw out a motion. I would move that we approve Item 11, VAR 08-004, consistent with the comments of the fire department in their specific request that it be limited to right-in, right-out only and to the extent it can be included in a motion, that by right-in, right-out we don't mean the little two foot by four foot triangle that, actually, doesn't prevent left tum movements. Hopefully, it would be designed to be a true no kidding right-in, right-out to completely prohibit any of those left turns. And to be compliant with the measurements as directed by the fire department and as the applicant has testified he is in agreement to. And that single access be temporary until the first available public access to the north, south, or east, I guess. De Weerd: Okay. I have a motion to approve the request on Item 11. Do I have a second? Bird: I'll second it for discussion. De Weerd: Okay. Mr. Bird seconds. Do I have discussion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: If -- for a second there you skipped by a view that I don't remember seeing. It's either before this one or after this one. Yes. May I just study that for a second, please. Okay. Thank you. Madam Mayor, I guess my question is what. sort of a tickler or how do we administer knowing when that temporary needs to be removed? Is that something we have a system for? Canning: Madam Mayor, Members of the Council, generally it is difficult to have the temporary access points go away. In this case we do have a conditional use where we may be able to put in some triggers within the conditional use. For example, you could set it -- or the Planning Commission, as they consider it, could consider a two year r ~ ~ 6 t i ~ ~ ~ ~ ~ ~ ~ ¢{ ~ ~~ ~ ~ ~ ~ ~ ~ ~ 4 ~ ~ ;; j f~ ' j € ~ i ~ I ~ . i ~ "s I ~ ~ ~ # k Y <y ~ ~ ~ ~ ~ ~ u C ~~ ~ 1 ~ , ~'; ~ ~1 ~ I F ' `hc ~• I ~ .~. ))) ~ ~~ 3 ~ li ~1 ~ 3 ~ ~~ ;. `i I .y ~ I ~4+ ~ ~ Y 31 1~ ~ ~ l 711 ~ ~ 7~ I ~ t ` S f ~{ 7 f p t ~ i '' 'i f ~ ~~ . k Ck ! I 1 ~~ ' ~ ' ~ ~ + S ++~ 1 '' t ~ f ~ ~ F ` `l L~ ' ~ ~, ~' ~ t { f,' } (}( ~I ,~U" ~ 1 G ~ r~ ` ~ I f 5 ' 7 ? ~ ~ j ~, i ~i ~ ~ ~ 1 I L`~ H i { 4. ~ ~ r~ ~ ~ 1 S ~ F ~ ~I 0 6 ~ ~ 1 . ~ , ~ ~ IS C $ ! Y S I it ! ,C , ~ s. . ~ ~ $ : ~; I n + ~ ~ f -) ~ t R ~ 3 - a ~ ~ F ~ f I ~ ~ ~:~ E ~ ' C ~ A ry S i ~" 4 ;i t z ~z f i '~ ~ } }¢ G ~ CC~ F ~ , y i ~4 I r ~ } t ~ i ~ i ~ ~ ~ .~ ~ :, ~ ;' Meridian City Council June 3, 2008 Page 34 of 56 CJ renewal or a two year evaluation schedule or something that would look to whether there was access available and whether that needed to be closed down and, then, the landscaping installed to kind of complete that closure. So, that's one opportunity. The Planning Commission can put time limits on their conditional uses. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Per Anna's comment and the testimony, there is no CUP at this point? Canning: No, sir. I looked through all our applications. I don't see any record of them filing the Conditional Use Permit yet. It -- they are -- I believe what Mr. Fairchild is remembering is that they filed the conditional use application, but we needed to have the variance approved. So, they decided to go forward with the variance first and see if they gained the access and, then, they will go forward with the Conditional Use Permit. But we haven't accepted it for processing yet. Rountree: Thank you. If the maker of the motion, Madam Mayor, would-add to his motion that we would direct Planning and Zoning to add the provision in the conditional use, if approved, that upon the expiration of this temporary permit, which is conditioned on access being obtained either north or south or both, that, then, they would remove the temporary access and complete the landscape buffer required along Eagle Road. And that failure to do so would prompt the initiation of the revocation of the CUP. Borton: Motion maker agrees. Bird: Second agrees. De Weerd: Okay. Mr. Baird, I just want to verify that this is the -- the motion is within the bounds -- within the limits of what we can put on a variance. Baird: Madam Mayor, Members of the Council, yes, you certainly can condition a variance and if the CUP were not also out there, I would be more concerned, because you don't have the hammer, you don't have a way to catch it, but the CUP approval, if you include such a provision that revocation proceedings would be initiated, once the alternative -- or the permanent access is available, I think you have got a way to catch it. So, the way the motion is crafted does create a way to legally accomplish granting a temporary access and revoking it at such time the permanent access is available. De Weerd: Okay. Canning: And, Madam Mayor, Members of the Council, the way I understood the motion is you're really not conditioning this variance, you're just directing the Planning and Zoning Commission to add a condition to their consideration for the project. i; ~- Y G ~~ E } ,~ S I ~ I i z i ~ ~ ! r i ~t 1. d ~ ' h k, is y Meridian City Council • June 3, 2008 Page 35 of 56 Rountree: Correct. Canning: And I can let you know if they don't do that. I would imagine they would, but -- De Weerd: If they don't do that I imagine our planning director would appeal it to this body. Canning: Yes, ma'am. De Weerd: Okay. Any further discussion on this motion to approve the request for the variance? Okay. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor, a final comment to the applicant that because we did vary our ordinance, which relates to access on state highways, the state highway department is the authority here and until you're issued a permit you still don't have access. De Weerd: And staff can make it clear on our recommendation, it is for temporary until that permanent can be made, because of the situation of this parcel being landlocked. Canning: We will do that, ma'am. And we have talked to ITD staff. They seemed inclined to follow the city's recommendation for final decision on this matter, so -- Item 12: Public Hearing: AP 08-002 Request for City Council Review for an Appeal of the Planning and Zoning Commission's denial of Sonic Southem Springs (CUP 08-002) for Sonic Southern Springs by Boise Food Service - 1870 South Meridian Road: De Weerd: Okay. Thank you. Thank you. .Okay. Item 12 is a Public Hearing on AP 08-002. I will ask -- open this Public Hearing and ask for staff comments. Canning: Madam Mayor, Members of the Council, this is the Sonic Southem Springs project. That's the tongue twister for the night. It's located on Lot 11, Block 1, of Southem Springs Subdivision No. 2, which is near the southeast comer of Meridian Road and Overland Road. The application before you tonight is a City Council review, also known as an appeal, of Planning and Zoning Commission's denial of a Conditional Use Permit for drive-thru establishment within 300 feet of another drive-thru establishment and concurrent design review for a structure located adjacent to an entryway corridor. The applicant is proposing to construct a fast food restaurant, Sonic, y ~ ; y ~~ ~ I I i ~ ~ ~ i i i~ ~ ~ ~ ~ ~ „, ~~ F t ~ ~, 1 it ~l } ~ y. '.I iik t p _ ~4 i ° k ~ ~` i ~ ~~ ; ~ ; '~ ~, ~ I ,~ ~, ;~ ' ` ; ' t 7 ~ I j ~ 18 I € ~ 3 ' 1 rj ~ _ i 3 ~ jr j ~ ~ p ~ I ~ ~ 1} t' ' ~ ~ ~ ! ~ ~ ,i 1 , , ' 1~. ~i i a , , j .. !~ i `~1 3 i ~ r! a { ~~ ~ k ~; ~ ~ p r ~ M ¢~ ~ E ~ }: _1 `! n 4 ' ~ ~~ ~ ~: x { F ~ ~ ~ ~ ~ ~~ l x ` i , ~. S ~ ~~ ~'. Meridian City Council • • June 3, 2008 Page 36 of 56 with adrive-thru window on the site. The building is 1,526 square feet and I do have elevations. This is the landscape plan. These are the elevations that were considered at the Planning and Zoning Commission. I have another set that the applicant has provided for tonight's hearing. The main difference is on this elevation. You will notice here that they have this kind of an arched roof shelter over the menu board, where in the new elevations they have attached it to the building wall and incorporated it more into the design of the structure. And, then, these were the -- again, this goes back to the P&Z hearing, but this was the only rendering we had where it's a little easier to see the building. This is the view that would face Meridian Road. This is for the applicant's use regarding shared parking and I will get into that discussion. The Commission acted on this application and moved to deny it at their April 3rd Public Hearing. Joe Thompson, the applicant's representative, spoke in favor, as did to Skip Hoffenberg, Lawrence Ross, and Dave Roberts. In opposition were Darrell and Linda Thomlinson, Mary Jane Bennett, Rawley and Myma Bunch, Gary Phillips, and Barry Jardine. Commenting, there was no one. Written testimony Blaine and Mary Jane Bennett provided written testimony in opposition. Key issues of discussion by the Commission were the site plan and elevations for the site. The hours of operation for the drive-thru establishment. Other alternatives for redesigning the site in line with the city's design review guidelines. Previous approvals for projects within the Southern Spring Development, color rendering of the rear of the building referenced in Exhibit A. These renderings. Notice and posting of the site. Employee parking on the site and possibility of shared parking with the development north of the subject site. And that was that brief site plan I showed you. Key Commission changes to staffs initial recommendation, the Planning and Zoning Commission denied the project because of orientation of the building facing Meridian Road was not in compliance with the design review guidelines and the site provided inadequate employee parking. Written testimony since the Planning Commission hearing, the applicant has submitted a shared parking -- it's not really an agreement, but a letter discussing shared parking with the properties to the north and revised elevations that I showed you just a moment ago. And those were submitted with the appeal application. Outstanding issues before City Council -- I just wanted to remind you -- we don't do too many of these, usually it's not as a Planning Commission decision, it's usually my decision, but this is a de novo hearing for the City Council, so if you choose to overrule the Planning and Zoning Commission, you will need to direct staff to go back and prepare findings and reference any applicable conditions that you may want in that -- those findings. The staff report is included as part of your packet. The conditions were just done for -- the Planning Department conditions were just struck out. The other conditions are still noted there, but they -- you can view those conditions from the previous staff report. And with that i will answer any questions Council may have. De Weerd: Council, do you have any questions at this point? Rountree: I have none right now. De Weerd: Okay. Applicant. Meridian City Council June 3, 2008 Page 37 of 56 • Strite: Madam Mayor, Members of the Council, Billy Ray Strite. 1010 Allante, Boise, Idaho. Long time no see. De Weerd: Yeah. Strite: I'm going to start this out -- it's a little more unusual. We e-mailed a colored elevation to Bill, which I think would be more representative. If I might, I will present this to the -- it's the only one I have, because that colored elevation is -- and (believe -- the fact is I have the a-mail that we had sent to Bill with that revised elevation. But having said that, I think the -- what I'd like to first start with is it's -- I'm here along with Skip Hoffenberg, who is representing Sonic -- oh, I'm sorry. No. I was looking for the colored elevation that she could put up on the wall. De Weerd: And they will. Strite: Oh. Okay. If she can do that, fine. Thank you. Madam Mayor, I'm here along with Skip Hoffenberg from Sonic. I'm here also with Lawrence Ross, the master developer of Southern Springs. And Dave Roberts and myself. And we are here in support of this application and, hopefully, we can get your consideration in reversing the P&Z Commission's denial of 4/3. I think it's evident to me -- I was not here at the hearing, but it's evident that there were two germane issues in their mind. One being the lack of adequate parking in their mind and the second had to do with the building elevation -- conjecture on the building elevation and that was based upon site orientation. I think it's probably best if I start with the -- the parking, because it's pretty definite. I think it's easy explainable. First of all, as you know, by ordinance the Sonic as originally proposed was greatly over-parked by virtue of the ordinance. However, I think that the neighborhood, as well as the Planning and Zoning Commission, had some very important comments. I think they lay credence to the fact that perhaps we should investigate potential long-term parking arrangements. The applicant did so, went to the developer, and has received an additional six spaces that brings the total number of spaces to this site to 27. Those new spaces are immediately adjacent on the north parcel -- bordering the north boundary of the Sonic site itself. You should have in your packet not only a -- this agreement for shared parking, but also a shared parking site plan, which was requested by Mr. Hood that delineates the parking count on the existing units to the north, as well as that to the Sonic. I think in our mind the bigger issue is a concern for the building orientation and the esthetics. Obviously, it's evident from testimony, it's evident from the planning staff and the Planning Commission, that this site is ideal for this use. I don't think anybody questions that. The problem that we have here is this particular site -- and I might also add that the master plan did, in fact -- was approved with two drive-thru restaurants. So, I don't think it's a case of whether this use is -- is -- is appropriate here, I think from the staff comments it's really why is it oriented the way it is. That site that the Sonic sits on has approximately 39,000 square feet. Fifteen thousand square feet plus is made up of the drive access, drainage ditch, drainage easements, utility easements, and setbacks. That's 44 percent of the site. would suggest to you that anything that goes on this site, specially adrive-thru restaurant, is going to have a strange configuration. The Sonic, as I'm sure you're all Meridian City Council • June 3, 2008 Page 38 of 56 familiar with, has a one way traffic pattem. We find it to be the safest, the most efficient traffic pattem. This results in placing what we refer to as a street side elevation to the west. This has benefits in that, number one, it puts the outdoor patio area away from the noise from Meridian Road. It also puts the speaker systems as far west as possible and as far as you can get them away from the residential neighborhoods, which are approximately 200 feet to the east of this site. And although we find that the -- all the units south of this, there is three additional buildings south of the Sonic, all of which have their non-entry elevations facing the roadway. We believe that our solution with the -- with the new wing walls that we have put up there actually does a greater job in -- in buffering the utilities and the minutia that you normally find on a building of this type and we believe that this elevation in itself, in shape, color -- I think that there is no question that it mimics the entry elevation and in our opinion should be considered appropriate. I would hope. that -- that you would take that into consideration, that there were a couple of comments also made by the neighbors, which I think should be mentioned here and that -- that had to do primarily -- again, I wasn't here, I'm reading this solely from the minutes -- had to do with the traffic on Calderwood. Please be advised that Calderwood is 700 feet or two city blocks south of the sight. So, I don't think that this particular use is going to have any effect on that, but I do want to make certain that I have addressed the comments made by the neighborhoods. Another comment made was the noticing, which I believe the Planning and Zoning Commission was -- was very well in deciding and I believe it was Mr. Baird who identified that this site was, in fact, notified properly and that the signage was as required by ordinance. Another issue that I think was brought up by the neighborhood, as is always the case I think when you have a commercial development adjacent to a residential neighborhood, is what is it going to do about noise? How is noise going to be affected? Well, as I have already mentioned, we have moved the speaker system to the west side and, you know, if you think about it, Meridian Road has probably an ambient road noise of 55 to 60 decibels, so in my mind I doubt that from there the 300 feet from Meridian Road to the neighborhood will make much difference whether you're another hundred feet closer with -- with the front of the Sonic building. So, I would hope that you could reconsider and perhaps reverse the decision by the Planning and Zoning Commission and I would be more than happy to stand for any questions and, hopefully, be allowed to come back for rebuttal. De Weerd: Okay. You are allowed the last word. Council, any questions at this time? Borton: Madam Mayor? De Weerd: Yes. Borton: One quick question. Sir, your elevations don't do it justice. Clearly it's not a cinder block building, is it? Strite: Councilman Borton, no, sir. This -- that is -- it's Naticchia. It is a concrete panel, a smooth concrete panel. The wing walls on the back are -- if approved, of course, are going to be constructed of honed or polished concrete masonry blocks. The will mimic Meridian City Council June 3, 2008 Page 39 of 56 the trash enclosure, which is kind of a hard surface. I think it's exciting. I think it's exciting. I think it's colorful. And it's a hard surface, which I think kind of gives Sonic its identify. Borton: Okay. De Weerd: So, yeah, kind of? I don't understand your question. It's not cinder block, but it's concrete? Strite: No. They are -- they are concrete panels. You're refemng -- I'm sorry, Madam Mayor. If you're referring to the wall panel system, it is a concrete -- modular concrete panel system. They are 18 by 36 inch. They are an inch and a half wide. And they are attached just like you would normally do a masonry building. I'm referring to the wing walls that we placed on the west side that outline the colored arch there. Those particular wing walls are built of honed masonry, which is a smooth faced block. Does that make sense? Did I get it right that time? De Weerd: You know, I'm just a rookie here and it kind of just sounds all the same to me, so -- Strite: Well, I think the material pallet is very nice and I think, obviously, it's part of the corporate image and in our mind certainly does meet the design review standards. De Weerd: Okay. Okay. Any further questions from the Council? Rountree: I have none at this point. De Weerd: Okay. Strite: Thank you. De Weerd: I do have a number of people that are signed up on the sign-up sheet. If you would like to provide testimony at the time I call your name, please, come forward at that time. If not, I will read your in favor or opposition, which, from what I see, most of it is opposition. Betty Mansky. And if I say your name wrong, I apologize in advance. Betty Mansky sign up against. Okay. Lois Nidge and Darrell Nidge. Signed up against. Okay. Sheryl Anderson signed up against. Thank you. Anderson: I guess you need my name and address. De Weerd: Yes, please. Anderson: Sheryl Anderson. 2242 South Blackspur Way in Meridian. De Weerd: Thank you. , , , , is ,t f ~, ++ ~ t r ~ I ' ~ ~ ' ~ ' '~ j ~' t ~ ~l t t .~ ~ ; i f CI ' E g ' I li ° ~ ~ i ~ I j I l , I - i ~~ ~ t ~ y ~ i ~ ~ ~, 1 ~ ; s ~ s , 6 t ~ ~ f u ~ , i~ ~~ ~ ~ ~~ F ~~ ' ~~ p i; ~ ~~ ~ i ~ ~ , t ~ r 1 ~ ~~ - ~ Y ~ t ~ ~ f ~ I I' .~ I': yt } ~ . ~~ r ~~ , '~~~ ~~ ~ 1 ~ ~ 1 ~ ~ r ~~ , ':! 1 Y i~ i.~ Meridian City Council June 3, 2008 Page 40 of 56 t~ Anderson: Personally I find this whole concept a little inconsistent with the architecture that's already there in that destination shopping strip. So, I don't see that that is consistent with the types of businesses that are already there. The businesses that are there are quiet, small businesses. Their hours of operation are early in the morning to maybe, you know, 7:00 o'clock at night. There might be one or two that are a little later. Sonic advertises that it's open until midnight. I think that's inconsistent with the rest of the businesses in there and not particularly desirable to be in a neighborhood so close to residents. There was an article in the newspaper about two weeks ago about a gentleman -- a policeman, some kind of a law enforcer, up at the new veterans cemetery who was telling kids that they couldn't ride their bicycles through the cemetery across the graves and when he stopped them from doing that, they looked at him and said, well, what's wrong with it? Why should he have to be telling kids what's wrong with riding bicycles across graves? I see some opportunities for that kind of behavior in this area. First, if you exit out the street -- and I can't remember the street's name that runs parallel to Meridian-Kona Road, to the east of that. If you exit out and you turn south, you're there at Calderwood. At that intersection of Calderwood you're 50 feet from a senior living center. Now, I -- and the workers -- not only would I be concerned about interrupting their operations there, but their workers park along the entrance to our subdivision, Larkspur, and, of course, they are leaving there late at night. I think that adds to their safety issue in coming out the back of that building and into their street, if there is more traffic for -- I hate to say this, but young kids who would be out cruising -- and, believe it or not, I was young once, but who might be cruising and stopping at Sonic at midnight and, then, turning south and seeing opportunities with those parked cars there or people leaving their business at that time of the night. I also want to talk about the noise. From our subdivision we hear the noise from the speedway. What we would be looking for something is that's as tall as the other buildings and something that would deaden the noise off of Meridian-Kuna Road. The other buildings that are there I quite like. They are tall. They are straight. They are going to reflect the noise back. I'm not looking for something that is low enough and would add noise from the traffic, even though the speakers might be well placed on the other end, I don't see anything there to stopping the noise, that it's something -- some other building that would be inconsistent -- that would be consistent with the others that are built along there. And that's just it. I guess I'm against it. Thank you. De Weerd: Thank you. Okay. Pat Jennings signed up against. Thank you. Sam Jennings signed up against. Thank you, sir. Bany Jardine signed up against. Jardine: My name is Barry Jardine. Address 2565 West Ballagio Drive, Meridian. De Weerd: Thank you. Jardine: If you wouldn't mind if -- Madam Mayor, if we could go to the parking depiction up there, please. I'll try to keep it brief. Canning: Did you want this one, sir, or the one with all three properties? Meridian City Council June 3, 2008 Page 41 of 56 Jardine: Thank you. This one here I -- first off, I'm a dentist next door. I am adjacent to this location. I do -- we do share shared access to our property and this proposed Sonic property. One of my major concerns right now -- according to this depiction there are only four employee parking spaces. All of the other ones to the north and the south are covered parking spaces -- we have all been to Sonics, we know how their typical covered parking is. And so according to this drawing there is only four employee parking spaces. One of which, I would assume, would be handicapped and so that would leave three. Also, they have talked about access with additional parking to the north, which -- if we could go to that other parking, please. If you look at where the site for the Sonic is, it's a one way entrance into this -- excuse me. The entrance is right here. De Weerd: Sir. Bird: Grab this mike right here. De Weerd: Yes. Canning: Or, sir, there is probably a laser pointer at the podium, if you would like to use that. De Weerd: Whichever you're most comfortable with. Jardine: This is a one-way access into this area here, so in order to get in here you need to come in through this area and, then, park along here and, then, come back out this direction there, which, to me, if I was going to Sonic, would be very inconvenient for me to have to park in that location. Also, if -- should people want to park in this area over here, this shared parking, they would need to walk here across this sidewalk and the only way to access it by foot traffic is through here, directly through the drive-thru traffic, through, basically, the one-way traffic of people exiting through these -- these stalls where they receive their meals, and so my concern is the parking is -- you know, as a neighbor I would prefer that people going to the Sonic do not use our parking lot and fill our spaces for our patients. And also the safety issue with people. Here is the outdoor eating area. They show a sidewalk going to the street. There is no sidewalk access along here and so I don't quite understand what this sidewalk access to the street is here. Another concern of mine is the dumpster here is on the street side. Most of the other businesses along the area, the dumpsters are to the-back of the buildings. The other buildings that are down over here are also are to -- you know, not on the road side and so, therefore, reasonings we are against it. Thank you. De Weerd: Thank you, sir. Jason Howell is signed up against. Howell: Madam Mayor, my name is Jason Howell and I -- my address is 827 West Blue Downs -- De Weerd: Thank you. i i ~ iJ r ~ ~~~ ~ ' ~ 3 F ~ fl i ~ ~ 'i ~ ,f r f: ~ ,~ $~ ~i ~ r ~' ~~ ~ 2 ~ ~ r ~., t' ~~ } 1 r7 ,I ~ lK~1}i ~ K ~ f f ~i ~! I ~'_ o. ~ _t ~ ~' t ~ a, r ~ ,1i , i (I i ~ j ~j ~ ~ i ~ .'t ~ ~ ~ ~ f !, ~ f" ~~ ~~ ~~ 3 ~ r~ ~~ ~ i~ ~ 1 i~js i- '~ rr. ~ .F j'. ~ ~ f ';~~ it ;~,t~~ 3 i 4tl - Meridian City Council , June 3, 2008 Page 42 of 56 ~J Howell: -- Meridian, Idaho. I'm also against. I share the adjacent building to where this proposed Sonic is going to go up, with Dr. Jardine. Not to add or go through what he -- what he talked about -- you know, I did just a little investigating myself of Sonic and went around to some of the different Sonics on Saturdays and, you know, on Friday, and just kind of see how each one of those worked and, you know, found to be quite busy and, you know, I'm not against Sonic at all, I just think that the location itself is just -- you know, it's just a traffic nightmare. They -- the other Sonics on Overland had 13 parking spots'for employees and for customers that weren't parking in to order directly and there was only two people that were actually eating there and I -- you know, pretty much all except two parking spots were filled. So, I'm assuming those four parking spots would probably be filled, you know, at least -- and I would say there would probably be another three or four employees that need to park somewhere else. You know, a concern could be just the fact that 12:00 o'clock at night you're getting off the shift and you got to -- you have to cross the road where you have oncoming traffic from Meridian and just the hazard in itself of crossing that road and, you know, obviously, as an adjacent business, which we don't mind -- we don't mind a business opening up next to us, we just think that as far as the planning and the traffic flow could be a lot better. It's just -- we have one access and the main access is right to the right of the main building there and both our businesses from 2:00 to 5:00 o'clock are very busy. I assume Sonic's probably fairly busy during that time, probably even busy a little bit later on. But, you know, as far as we are concerned, it's -- we know that as far as the parking, that not everybody's going to park -- you know, just in your own mind an average person, unless you're an employee, you're not going to park across the street, you're going to park on the other side. You're going to park to the adjacent business where accessibility is there. So, therefore, I'm against it. De Weerd: Thank you. Howell: Thank you. De Weerd: Blaine Bennett signed up against. Bennett: My name is Blaine Bennett. I live on 343 Calderwood Drive. Madam Mayor and Council Members, I'm not going to do a lot of rehash about what's already been said, but I'd just like to voice our concern about the noise, the traffic, and the trash that usually accompanies a fast food facility. We have already seen some of that with the -- when they opened that up -- that whole development up and traffic is -- in the morning when you try to back out to go to work, oftentimes it's really hard to get out because of the traffic coming through. And I think this is only going to add to it. I think that the lady that first spoke really covered all of our concerns, but I just wanted to publicly say that we are really against that development. De Weerd: Thank you, sir. Okay. Mary Jane Bennett also signed up against. Okay. Gary Phillips signed up against. Meridian City Council . June 3, 2008 Page 43 of 56 Phillips: My name is Gary Phillips. I live at 332 East Calderwood Drive. De Weerd: Thank you. Phillips: I pretty much agree with everything -- I'm against the project myself. The one thing I didn't find -- I didn't quite understand, when he was talking about the speaker system, I assumed it's adrive-in speaker which is on the Meridian side of the building or the back part of the building, so that it's away from the -- the neighbors to the east. But what Idon't -- in these Sonics each of the -- the parking spots where they eat have speakers of their own and I don't hear anything -- any concems about those speakers. Anyway, that's -- that's about all I have to say. De Weerd: Thank you. Richard Jewell signed up against. Jewell: My name is Richard Jewell, 1729 South Marshwood Place, Meridian, Idaho. De Weerd: Thank you. Jewell: First of all, I appreciate the opportunity to come before the Council. We live in the subdivision right east -- directly east of the development there and we -- our property actually backs the development. What I'd like to do is I'd like to present some photographs that I have taken of the facilities that are in the development at this time. May I present them? De Weerd: Yes. If you will tum it into Madam Clerk. Thank you. Jewell: And I would like to refer to those pictures a little bit, if you don't mind. One of our primary concems is -- as what was mentioned before is the noise and from where we lived there you can and do hear Roaring Springs all the time and they are way down on Overland Road. And, then, also is what was mentioned, the Meridian Speedway. So, even with the speakers on the left side -- or the west side there, the noise is still going to cant' from that and I don't have any concern with it earlier in the day, but night hours are a real problem. The second item would be lighting and most of these pictures are in reference to that. One of the issues is the yard lighting. Nothing has been mentioned yet as far as the project of the Sonic's yard lighting that they propose to have. I know that a lot of the lighting that is required is supposed to be not shining upwards, but they are supposed to also have limitations on what they project out. From my bedroom, sleeping in bed, I can look over and I can see those lights, the actual lenses of the lights, not only in the yard lights, but also on the buildings, the security lights and so forth. Some of these lights that are shining are -- most all of them along the properties along there shine in through the people's bedroom and sitting in my bedroom I can hold my hand up and actually cast a shadow from the lights that are projected from this development. And with Sonic coming in there, it should -- only going to add to it. If -- and regard to the pictures, if you -- picture number one is the Southern Springs development sign. Pictures two through five are pictures that was actually taken from my back deck of my property and all the other properties along this -- the Meridian City Council June 3, 2008 Page 44 of 56 back side there pretty much see the same things that I do. Pictures two to five are, as I mentioned, the back deck. Picture two is the street light and car -- a headlight and, again, that was visible from my back deck and I was not holding the camera in the air when I shot that. That was at eye level. Item number -- or picture number three is Clothes Line Cleaners with their lit canopy, which is an issue that will be coming before the Council in coming months. And these back lights that I mentioned on picture number four, those are just, basically, security lights, but they are very obnoxious and they do cause very much of a problem. De Weerd: Okay. Sir, if you can summarize your comments. Jewell: We don't want the lights out that way. We are concerned about the signs. The signs that are out there I believe are in the -- against code for the directions they face. I don't know -- I didn't see the back of the sign on the Sonics, but it's all very much of a concern and it's already a problem out there and I believe Sonics would just add to it. Thank you. De Weerd: Thank you, sir. Mr. Skip Hoffenberg. Hoffenberg: I'm Skip Hoffenberg. P.O. Box 8986, Boise, Idaho. I am the Sonic franchisee and we do already have one unit in Meridian and we went through the Planning and Zoning and City Council with that and that store is located 2160 East Fairview and we are less than a hundred feet from acommunity -- from the housing and we made adjustments that they could live with as far as the noise level and Fairview Avenue is somewhat like the Meridian Road where it's, you know, 55 decibels and they don't hear us at all. I mean it's the road that -- where is the problem. So, you talk -- you can talk about speakers -- these speakers are less than two decibels and they do all face Meridian Road, even though the ones the gentleman that talked about there at the -- each of the stalls, they all face west. So, they are facing out. The other thing is behind it we are going to have another row of development behind us, which is commercial offices or businesses like the dentist next to us, which I believe they are probably closed at 5:00 o'clock or 6:00 o'clock, not open on weekends, and I know they were talking about noise on Saturday, but, you know, if you're not there, you're not there. We did get additional parking with the agreement with the developers. We are over-parked at what we are. The one thing you have to keep in mind, we do run somewhere between 62 and 68 percent of our business through the drive-thru. The stalls we have people park in those stalls, use it, get out to go to the patio. We do have employees that park in the stalls, because if you look at our very first store, is the Overland store, which they talk about, there is 29 stalls and the extra 17 parks and this one here I believe is 17 stalls. So, it's just not needed. The parking and all the extra is not needed, because we do utilize the stalls for the patio, our employees. We now have a rule for safety for our employees that they need to park on the lot after 8:00 o'clock. So, when that much of your business is through the drive-thru, a third of it is in the stalls, we are down to where 17 stalls, as opposed to the Overland store, which is 29 stalls. So, parking is adequate for this site. I know they talk about the lights. We have another unit that's on Ustick Road. We are 52 feet from the back of a house to the back Meridian City Council June 3, 2008 Page 45 of 56 of our building. We put up a retaining wall for them. We try to be neighbor friendly as much as possible, with requirements. We moved our speakers. The lighting, which somebody talked about, we used low, slim line fixtures up undemeath the canopies and the canopy has this, so the light does shine down this way, doesn't go out like he talks like some of the other buildings that are high. And the canopies are only -- up undemeath the canopy is nine foot. So, the lighting is not an issue when it's shining down and, like I say, you're going to have another development behind us that is offices and/or retail that will, you know, close early. As far as hours, yeah, Sonic does advertise that we are open until midnight, some are open until 2:00, some of the corporate stores are 24 hours through the drive-thru. I know our Meridian store can't be open past 11:00 p.m. We made the deal with the city for that, for the people. Neighbor- friendly. Because we are close to the residential areas and we realize that. We want -- we try to be a good neighbor. So, we kept our hours. We'd like to see midnight here, but if 11:00 we could live with 11:00. We open at 6:00 a.m. and close at 11:00 at the Meridian store and that was at the request of the neighbors and we do it, but, you know, like I say, we try to be neighbor friendly and fit in with everybody. I know there is some comments -- De Weerd: Sir, can you -- Hoffenberg: Pardon me? De Weerd: I'm song. Can you summarize your comments? Hoffenberg: You bet. One other comment about how the building is different than the other architecture. I don't think there was any requirements that was met that had to be all the buildings the same in there, so -- but with that, I appreciate it, Madam Mayor and Council Members, for the consideration and we'd like to be at this location. Thank you. De Weerd: Thank you. Council, any questions? Okay. Mr. Forsgren, who has signed up against. Forsgren: Hi. My name is Harvey Forsgren. I live at 431 East Calderwood Drive. De Weerd: Thank you. Forsgren: Commonly known as the second Meridian Speedway. It's being used as a speed cut through. The traffic there is horrendous. I think you heard Mr. Bennett say that he sometimes has a hard time getting out of his driveway and -- with total disregard of any traffic signs or stop signs or anything like that. We do have a lot of children in this subdivision. It seems to make no never mind to the people cutting through. And to sum this up a little bit, I think that the traffic, as far as I'm concerned, is the big concern and a fast food restaurant there would just exacerbate the problem. Thank you. De Weerd: Thank you, sir. Lawrence Ross signed up for. ~ i E ! ~~ ` } '' I ~ r f I i ~. e 3 is i~ f ~ ~ ~ ~ i ~ f ~ ( ~ ~ ~ gg 1 1[ ~ I ~ . t 5 ~ ~ ~ ~ ~{ ~ '-~ , !!! q p ~ ~ ~' ! ` ~ ,~ I ~ ' $y ~ °~ s ~ ~ f t i ~ t i: ~ ~ ~G a ' ~ ~ ,~ [ ~ .' c , .i i : ~ i, 61 i. ~ ~ f 1 F _ ' i ~ i ii ~ i- f J a ~~ ~ I ~.'~ t~ ~ 1 r r ~ !' ~ E ~ ` t 'i ~ ~ 1 l;i #.~ f f,l i Y ~ m f. ~ '. ~I ~ Fc~ i , R Meridian City Council . June 3, 2008 Page 46 of 56 CJ Ross: My name is Lawrence Ross. I am at 1684 East Braemere in Boise. De Weerd: Thank you. Ross: Madam Mayor, Members of the Council. Myself and my partner are basically the original developers on this project and what we have done is assembled three different parcels and tried to kind of work with a development that kind of ties in, you know -- access on a state highway, with two other access and, basically, do a -- more of a new urbanism type development, which is the direction that the city has tried to go, which is one of the issues they have with getting a Sonic figured out as far as layout. I'd like to address -- address maybe three or four quick issues just to kind of confirm, number one, that -- that we also have the shopping center that's adjacent to it that we developed. We are over-parked. We are about seven parks per thousand. I think city code requires four or five per thousand on a retail building. So, we have got plenty of surplus parking. And we have -- we have offered them the use of six spaces if they need it to eliminate what I'm told won't be a parking issue, but that's available to them if they need it, so -- and maybe I -- maybe I can address also some of the -- we have tried to work with the neighbors through this whole approval process. We have put in, you know, through the -- through the development process we have put in a greenbelt, we put in a fence, we have tried to buffer them as much as we possibly can. But, ultimately, this property has been zoned commercial for 20 or 30 years. Probably even prior to the existence of those subdivisions. It was zoned commercial when we started through the approval process and we did actually rezone I think two pieces of which this is not part of. But tried to work with them as much as we possibly -- as possibly could to eliminate the concerns of a commercial development, which inevitably, is going to be there. And I'm still more than willing to work with them as far as lighting goes, as far as, you know, any complaints they have as far as what's happening there. It sounds like to date they have been fairly pleased with it, but this type of use was inevitable and was shown on our master development plan as far as having two drive-thru restaurants about the same size as Sonic, with the same type of use. Additionally, I think a lot of these issues they are having right now with traffic and lights will be minimized when we get the second row of commercial built in there, because what you're going to see there is you're going to see property -- you're going to see buildings that back up to them, where they are looking more at the back of the buildings where the parking and accessibility is going to be in the front. And I hope that will -- that will help to buffer any issues they have with the commercial, more so than the open spaces there between the first row of commercial and where their residences are located. Finally, I guess the other issue I'd like to address is just -- as far as the design of all the buildings, we have no design criteria, other than that it's aprofessional-looking building. We don't want all the buildings to look the same, have the same quality of -- you know, this color rock and everything. We'd like to have a -- you know, more of a general, you know, mixed -- nice buildings, but everybody have their own architectural building to do what they'd like to do, as long as it's professional and that's been how we have reviewed the properties that we have approved through our design criteria ourselves, so -- I appreciate your time. Thank you. Meridian City Council June 3, 2008 Page 47 of 56 De Weerd: Thank you. Okay. This is a Public Hearing. Is there any additional public testimony on this application? Council, would you consider a second testimony? Rountree: Sure. I would. Zaremba: Madam Mayor, I believe his testimony was much shorter than three minutes. De Weerd: It sure was. Zaremba: I don't believe he used his entire time. I'm willing to have him complete it. De Weerd: We like those short and sweet. Yes, sir. You would need to come forward. Don't talk on your way up. We need it all on the record. If you will just restate your name. You don't need to tell us your address. Forsgren: Harvey Forsgren. De Weerd: Thank you. Forsgren: And I live in Meridian. And what I really wanted to say is the real problem is -- and I think that if we have a Sonic there and they have good hamburgers, but they also have a heck of a lot of traffic and the problem is the intersection of Meridian Road and Overland, when things start to back up, guess where they go, they go on our street on Calderwood Drive. So, I just think that that additional traffic would just make it worse. Thank you. De Weerd: Thank you, sir. Okay. Any further testimony? Thank you. Okay. Yes, ma'am. If you will, please, state your name and address. Jennings: I'm Pat Jennings and I live at 2210 South Blackspur Way and do like Sonic, don't get me wrong, because I do, but as the gentleman said, I leave home at 6:30 in the morning and I go out Calderwood to Meridian Road to get on the freeway. I work in rural Canyon County. And he's right, people do go through Calderwood to get around Overland to avoid going up to the stop sign to turn. But the other thing that happens is right where the people are going to be coming out of the Sonic, that goes into three lanes for a right turn and so people are trying to turn, they are going to come out of there and they either are going to come to Calderwood and try to make a left, if they are going towards Kuna, or they are going to turn right and, then, what's going to happen is you just got this mess of people trying to go and they already use the suicide lane to merge, rather than, you know, doing it right. So, turning left back onto Calderwood to go home at 5:00 o'clock is very difFcult. So, that's the main time that this traffic is going to be happening. I can just see a lot of accidents happening there. That's all. And I know that that's an Ada County issue, but, you know, before you were talking about the Eagle Road issue about controlling traffic. Well, we are having the same issues here and kids, you know, are the main uses and we also have a trash issue already blowing into the -- into that field that's south on Calderwood up next to Meridian Road and we ~r ~ ~ '? I f i:' ,' ~ ~ ~ ~. ( [ C ~ ~ 1 ( C f F t !! Y } ` ~ ~ ~ -4 ~~ ~' I: r it R I ~ ~ ~ ~~ s ~ I ~ ' ¢. i, ~, (I i, ~ t Y 2 , * ' 5 + ~ . ` ~. ~f Meridian City Council ~ • June 3, 2008 Page 48 of 56 can see more trash going in there, because what do you do when you leave, you throw your trash out the window, rather than putting it in the container. So, those are issues that we have as -- as neighbors in here. So, that's all I have to say. Thank you. De Weerd: Thank you. Okay. If there is no further testimony, I would ask the applicant's representative for concluding remarks. Strite: Thank you, Madam Mayor. Billy Ray Strite once again. I think it's hard to -- hard to discuss traffic with a neighborhood like this and I certainly understand their position. I think that most people would be -- that is not to think that fast food restaurants generally capture traffic. I think that that's the whole nature of the beast. I don't think that they are a destination use. The traffic is there. It's going to be there whatever goes on this site. And I certainly can understand the neighbors' concern. I'm not sure exactly how that traffic system -- to me I'd have to have a satellite system to get myself from Calderwood back to Overland Road, but, apparently, it must be fairly easy for traffic problems. My thinking is that the majority of the users here coming to Overland would turn around and go back out to the north. However, I'm not a traffic expert; I just play one on the -- in front of you folks. The other thing I'd like to suggest is -- I think we have to keep in mind that this is a commercial site. This is an allowed use. You know, the ordinance has -- has allowed this use for some time and as the master plan was being developed, certainly most of it perhaps prior to the neighborhood development, and, again, as I think Mr. Ross pointed out, they were part of the original approval, all of which included more than one fast food restaurant. So, there had to be some consideration in -- that traffic, in effect, would be created, whether it be by the Sonic user or any user that goes on that site. So, I think that I certainly understand the arguments of the neighbors, but on the other hand I understand what we are allowed to do by ordinance and I would ask for your concurrence in reversing the Planning and Zoning Commission and eventual approval. De Weerd: Council, questions for Mr. Suite? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I'm going to ask a question, actually, of the director, if I may. And that would be to go to an overall site plan of the subdivision. Or at least one that showed more of the buildings. I don't think we had the whole subdivision, but we had one that showed more of the buildings. That would do. A couple times it's been mentioned that the subdivision was approved for two drive-thrus and I see two existing already. One there and one there. This would be a third, which makes me believe that it's not automatic. You know, Idon't -- it could be that a restaurant use here is, essentially, preapproved, but I don't see how the drive-thru use is. Am I interpreting something right or wrong? ~; ;i f ' ~ 3 ~ ' 1. ! ~' , a~ ~; s ~ } 5 ~ ~ . 1 y~ < R 9 1 S L ~~ 1 ~ ~ ~ ~) ~.. ' ,i ~ ~ ~ ~ ~ ~ p} ~~ j f t J kkkk ~ , ~ i - ? A i ~ ~ 1 Zt. !{{ t l ~ ~ ,, ~ r ' ~ ~ ~ ~ ~ zi ~ f;~. ~ ~ ~ t ~ ~ i ~ _ ~~~ ' ~ ~ ~ ~ i 'I ~ ' f ~ ~ ;~! ~ ~ E ~ ~ i ~ s, ~ , ~'' ~ i 1 h r i '. 'r i ,' r M t e 3 i ~ ~1 ,~ „ s p 't fl . Meridian City Council June 3, 2008 Page 49 of 56 Canning: Madam Mayor, Members of the Council, I think there is actually even three existing. I believe this structure already has two -- or was planned for two. The -- the original concept plan -- I do believe is being shown to you. However, I think that -- De Weerd: Can we show it on the -- the overhead, so the rest of us can see it? I mean I'm glad Mr. Zaremba got to see it, but I -- Zaremba:. I'm the only one. I'm going to keep it. De Weerd: I'm nosey enough that I think we all should get to see it. Strite: While she's doing it, if I might comment to Councilman Zaremba. I was not referring to drive-thrus, I was referring to drive-thru restaurants. Those that are there now are not drive-thru restaurants, but -- and I think that's the important difference here in terms of traffic generation, which you well know. Zaremba: I'm not understanding. You say that they serve no food or consumables that -- like adrive-thru drycleaners or something? Strite: I'll tell you, I don't go to the coffee shop, but I think they do sell donuts, so, yes, they do have consumables. De Weerd: I guess a drive-thru is a drive-thru. And I believe that's why -- Strite: Well, that's correct. But I wanted to clarify my position as originally approved as a drive-thru restaurant. De Weerd: And I guess that's why they are also a conditional use. Strite: Referred to as fast foods. De Weerd: Okay. Strite: Affectionately, I might add. Zaremba: And why the 300 foot separation is -- makes it a need for consideration. Canning: Madam Mayor, Members of the Council, it's been some time since Southern Springs went through, but I do not believe that we tied them to the uses shown on their concept plan. I do believe that they asked for more flexibility, so I don't -- I don't think we specifically called out those uses as only being appropriate within this development. Likewise, I don't think we guaranteed those uses would be appropriate in those locations. We didn't go into that kind of detail with that approval. De Weerd: Okay. Any other questions, Mr. Zaremba? ff i] ``I.. i '.. 1 i ,t 4 E ! ..~ r ~ l :. 1 r ~, I !'~, ~u s. I tl 'JS I' ,~' Meridian City Council June 3, 2008 Page 50 of 56 Zaremba: Thank you. No. De Weerd: Okay. Council, any other questions? You know -- if you will go to the -- the pad site, Anna. Can you tell me, Mr. Strite -- I guess I noticed that this drive-thru has the headlights pointing towards the neighborhood on -- on this particular thing. Strite: The headlights would, actually, be pointing towards the west entering. Exiting, you're entirely right. They, obviously, would be exiting back to the east. But they enter from the east, proceeding west, go southerly -- De Weerd: And where do the pick up their food? They pick up their food as they are pointed east. Strite: Right there. De Weerd: Okay. So, they are sitting there waiting for their food. Suite: They come in this way, it's aone-way pattern, they come around like this, they sit right here, they pick up their food, they exit out. And I believe they go this way, but I certainly wouldn't argue with the neighbors that maybe this is faster. I have never driven it, so I couldn't say. De Weerd: And so what shields the headlights? Strite: Well, we have a landscape area there, but if you will also notice in the master plan there is another building that goes right here. De Weerd: Okay. So, what happens until that? Suite: Well -- De Weerd: You know, I know that's not your problem, but it is a problem. Suite: Well, we can probably take this landscape area right here and thicken it and put it -- you know, certainly there is adequate room to put large enough plant material that would be above headlight view, if that's what you're considering. When they are sitting parallel with the building, you're absolutely correct; those lights are going to go direct this way. When they pull out of here, like any user along here, they are going to be coming easterly and going one way or the way, regardless of what the use might be. But certainly in this area right here we can provide adequate screening, if that's the desire of the Council. Zaremba: Madam Mayor, on the same subject, while they are placing their order their headlights would be facing the opposite direction on Meridian Road. l~~ i .` -~ ;- 5 ;, ~ ~ ~ ~ ~ Y ~ ~~ ` ~ ~' `#~$ ` F f{ ~~ ` ' ~. e ye ~ ~ AA 4 k. 4 ~ k I ~ } ~. Meridian City Council June 3, 2008 Page 51 of 56 • Strite: It would be facing the trash enclosure. That's correct. They are placing their order, they are sitting -- they are -- actually, when they are placing their order they are right here. Excuse me. But you're absolutely might, if you had three or four cars waiting, one car, but only one, would be facing down traffic, but it would be facing the trash enclosure. And there is some --there is 35 feet of landscaping there. Zaremba: Another question is that a good place for the trash enclosure. I realize that's probably where Sanitary Services would be easiest to access it, but that's not very attractive. Strite: That's where SSC asked us to place it, actually when we suggested that that would be the better place. They have one at Schucks as well on the same location, only their access over here, they pull into their trash enclosure directly from the east, as opposed to us pulling in southerly, if you will. And ours is that -- Zaremba: The plan is to dress it up. Is it going to look better than a trash enclosure? Strite: Well, I think it looks better with the honed block, but that's a personal opinion, yes. Certainly we have gone to lengths to design it to look a lot better than the standard trash enclosure. De Weerd: Any other questions from Council? Okay. Any further comments? Strite: I have no further comments. De Weerd: Okay. Thank you. Strite: Thank you. De Weerd: Okay. Council, is there further information needed from staff at this point or do you have all the information you need? Canning: Madam Mayor, Members of the Council, I wanted to express an issue that perhaps is coming up now. I don't know. I have always viewed the Sonic as really more than one -- this -- this window, that pick-up window isn't really the only -- I'm song, I don't have a pointer. That pick-up window that was being discussed previously isn't really the only drive-thru. I mean our code calls adrive-thru an establishment providing drive-thru service and including the stacking lane, speaker and/or order area, pick-up windows and exit lane, so I have some question as to whether all the stalls are -- are the drive-thru areas as well, because there is an ordering area there. There is a pick-up area there. So, B just had that question in my head. I don't know if it was adequately addressed by the Planning and Zoning Commission, but I didn't want to -- for you all to forget that there are other order areas associated with this and other pick-up areas. That's all. I didn't express that very well, I apologize, but -- 4^ !f{1 it Ei h,k~~~ ~I~!~~~. ~ F ~ ~ ` f ~ ~ ~ f ~ `4 i e ~ ~1~ y ~ !~ i { ~ r! ~ ,G a ~ : ' i + I ; ; ~ ~ ~i ,i ~ ~ t 1ll i }( t ~ S f ~~ ' 4 .~ d ~ ~' `: kd~ ~ r3 . r r, w a ~i, ~~~ ~ ~P k~ ,tl E , ' 1 ~:f ' ~+ ' E : , .`. `l ~f , ~ i ` ~ i fi . a 33{ ~ ~ 4t f. 8 13 3i~ v {. ~_ S~ 1 9 (a ~ d ~t i `~ . ~ ~ ~ x". ~ . ~ i r .i i a 3 t ~ 4~ ~ ~ r K F y k i ~ {ii ~ f ~ I ~! i ~ . ~ ~ ~ ~ ~` ~ f 2~ 4 ~ ~ r { Meridian City Council June 3, 2008 Page 52 of 56 De Weerd: Council, any further questions, comments, before you close the Public Hearing? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: We should address the subject of hours that has been brought up a couple of times. Hours of operation. I -- I think I could be comfortable with the midnight hour if the other buildings across the street were already built, but I wonder if it would be possible to make it more limited hours until they are built. I can buy that they will buffer the sound once the other buildings are there, but -- and that seems pretty late until there are buildings there. Just a comment. No other opinions? De Weerd: It doesn't look like anyone's jumping on -- Rountree: I think if the direction is to reverse the Planning and Zoning, then, certainly timing is appropriate to discuss. Zaremba: And I'm not convinced we are going that direction, so -- Rountree: I -- yeah. De Weerd: Okay. Certainly that would be a topic of discussion if that were to happen. So, any other comments from Council? Rountree: I have none. De Weerd: Okay. If there are none, do I have a motion to close? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the Public Hearing for AP 08-002. Bird: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 12. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Any discussion? If there is no discussion, do I have a motion? 3 ~ I r 1 I ~ ~ ~ ~ ' L r f $ ~t i F t ~ , f 1 t'~ ~ r i ~ ~ j ~ ~ I 1' ~' 1 7 ~~~ $ ]y ~ q 1 { S, 1 ~ ~~ i ~ t ~ ' ~ ~' t i ~ i ;i~ Ali ~ ~ ~ ~ 6f ~ ~.f ~.~ ~~ a ~ f ~ , ~~ ;~ : i b j<< ~ ~~ ~ ~ ~ ~i ~ ~ 7 .' 1 ~ ~; 1 § ` I w ~_ ' i I ~ .w . 4 ~ ~ ~ ~ , , ~ ~ - ~ . t . ' ~ 1 I ~ ~' d x ~ ~, ~ Y x ~ k;~ 3 >, Meridian City Council • June 3, 2008 Page 53 of 56 n Rountree: Madam Mayor, for -- just to generate some discussion I would move that we do not reverse the denial decision of Planning and Zoning. Zaremba: Second. De Weerd: Okay. I have a motion and a second. Is there discussion? Seeing none, I would ask the clerk to, please, call roll. Roll-Call: Bird, nay; Rountree, yea; Zaremba, yea; Borton, yea. De Weerd: Okay. Three ayes. One nay. Motion carves. MOTION CARRIED: THREE AYES. ONE NAY. Item 13: Ordinance No. 08-1366 Reconsideration for Final Decision Ordinance (3rd of 3 Readings): De Weerd: Okay. Okay. Ordinance No. 08-1366. I would -- this is the third reading of three readings. I would ask the clerk to, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 08-1366, an ordinance adding Title 1, Chapter 7, Section 10, Meridian City Code, regarding request for reconsideration for final decisions of the Meridian City Council of the City of Meridian and providing an effective date. De Weerd: Okay. We have had the three readings of this particular ordinance. I would ask if is there anyone in the audience who would like to hear it read in its entirety? Seeing no indication of interest, Council, do I have a motion to approve this ordinance? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve Ordinance 08-1366. De Weerd: Okay. Do I have a second? Borton: Second. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. y I i 1 ~~ ~~ d ~~iu:a +{ ~~ ~~~ ! ~ ~~ 3 ~ ;~ ~ ,. G i ~, ,~ _~ # ~ I ~ ~~ , ~ ~ ~ ~. ~~ ~"+ f 1 ~~ 2 t ~ ~ ~ X k - f ~ : ~ i ~ . _ ~ ~ _ ' d II ~' t t ~ S I 1 t ~° } ¢ 9 yy Y 4 -, 1. ~ ~~ i . ~ ~ ~ 6~ Y i ~ ~ ~' ~ : ~ ~~~ ~~ ~ ~ Meridian City Council June 3, 2008 Page 54 of 56 Zaremba: Do I need to say suspension of rules or we have actually followed all the rules. L e j $ ~. i +: ` a t De Weerd: We have followed the rules. Zaremba: Okay. In that case -- De Weerd: Okay. I have a motion and a second to approve Item 13 for those of you that might not have been paying attention. Rountree: I was listening. Bird: We were listening. We know what -- De Weerd: Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 14: Ordinance No. AZ 07-020 Request for Annexation and Zoning of 21.81 acres from RUT to R-15 zone for Chalet Marseilles by RC Meridian Partners, LLC -Northwest Comer of East Ustick Road and North Locust Grove Road: De Weerd: Okay. Item 14 is Ordinance No. 08-1368. I would ask the clerk to, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 08-1369, an ordinance AZ 07-020, Chalet Marseilles for annexation of a parcel of land being that portion of the southeast one quarter of the southeast one quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT, Ada County, to R-15, Medium Density Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in it's entirety? Seeing none, Council? ~ ~ l y x y ~~' ~~ ii ~ ~ ~ t ~ ~ ~ ~~ ~ ,~ i ~ i ~ I~ 1 ~!- ~ r ~~ I { +i~ 7 ict ~ ; 1 ~ b : ~ n ~, ~ ~ T. - r,~ '1~ ~ 111 ~ ~f ~ P ~, ~~ ~ ` ~~ ~ _ 1 1 ~ ~ ~ i ~ xr qqjj a~ h. ~ ~ ~ j¢ ``~ ~ ~ i ~ i ; a . 7 `' I~~ ~ 1 I ~ g r f _~ 'i '~ ^ ~ ~ '~ a i t r ~ i f , E '~ ~ [[F ' { t k{ ti ~ ~ ' ~ y ~ P ~' ' ~ ~ j ~ d ~~ - I ~ ~~ { l ~ ,} ~ . I: ~ ~ ~ '. ~. { I E ~ ~ ~t. ~ II I~ l~ ~~ ~' ~ ~il i ~: f ,1 ~. ~ '~ .~,3 ~ ~iy E~ I~~ i vt: ~ ~: ~ y ~~ Meridian City Council June 3, 2008 Page 55 of 56 Bird: Madam Mayor? De Weerd: Mr. Bird. U Bird: I would move that we pass Ordinance 08-1368 with suspension of rules. Rountree: Second. De Weerd: Thank you. I have a motion and a second to approve Item 14. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 15: Executive Session per Idaho State Code 67-2345(1)(b) - (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student ~ (c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): De Weerd: Item 16 is Executive Session. I would entertain a motion to adjourn into Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(b) and (1)(c). Rountree: Second. De Weerd: Okay. A motion and a second. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: Okay. I'd entertain a motion to come out of Executive Session. I, ~ ~ ~, ~ ~ ~ - r ~ ~ ~ t ~I ~ f ~, ~ ~ ;~ ~ ` E j 1` ~ ~ 4 ~ I ,l *~ ~_ ~ ~ Vii. i ~ ~~ ~ s' ~ ~ H ~ ~~3~ i ~ I~ Y I C ~ ~ I'.: t ~ C ~ ~~ 1 y ~ ~ ~,"~ ~ ~ ~ ~ ~ f ~. c, Y 1 ~ { ~ ¢ y'~ l ~ `~ ~ M ~ le ~ i t 1,t ~E }{ ~ fi i L i ~ ~ ~ i TTTT I, ~ ~ 1- f~ i Y .f I} ~ F :1 ~' ~ 7 i r ~ it ~ ~ •.~ t ~ ~ i ~ ~ 1 ~ i `. TR ,. ~~ ~ ~ .~` ~ i i. it ~~ ~~ f I Fib. L] ~ G S i ~ ~ j a 5 i i l fit f. , _~ w ~ ~ ~ ~. ` { ~ y ~ ~ _ ,. 111 t ~ ~ { 11 E E r . j~kk $jg ~ {j ~ ii{{ r Meridian City Council June 3, 2008 Page 56 of 56 Rountree: So moved. Borton: Second. De Weerd: All those in favor say aye. MOTION CARRIED: ALL AYES. De Weerd: Okay. Take a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor? Thank you. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 10:11 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) MAYOR TAM e WEERD ~ /~/ ~ DATE APPROVED ATTEST: '\ Teo ~ -, JAYCE . HOLMAN, ~I CLL _ ~ ~'`' ~.,~ '9 ~Q. `,. ., ~~~~~rrrrrnnr n-~--`-~~~``\`` ~ ~'~ ~ '~ A~ E ~ ' ? ~: i ~ ~ E ~ o- t i j). ~ ~. ~ ~ ? ~f.. ~ n ~ ~ : i I{F~` ) ~ ~ ~ ~ n i 3 ~ . y ~ ~ 't. tt {t ~yy E t~ f r ~ t g d ~ LL i [ _ i~' ~:. ~f ~~ , ~. ~ ~~ ~ f ~ ~~ ~ Q r ~rrr _ ~ K i ~ ~~~ ~ '3 ~ 1 i ~~ I t ` 7 ~ ~ _~ E k C~; 13 1' F y~ C 1' ~ ~ ~Y~ f i} } ~ ~ _ ~ ' ~~ ~ ~ 4 ~ d i ' 4 ~ t~ ~ - r5 a dr . S ~~. ~ I , f ~ ~ t ~ : ~ r 7~ ~. ~ s ~, ~' ~ 11 , ,, ~ a ~ i i ~ i. ' h L~ ~ r ~ Y ~~ T -~ 1d f 3 i ~ ' 4rr ~ f j ~~- esq. ; ~ i ~ }5:~ f f ~ ~ e i i rr~ to i r r '~ t f i 7 t~ z rT~.r + ~i 6 x ~~LL } ~ ~ '. I y Y L, e ~ i ~ i } t ~ 3 4 ~ ~ ~.. ~! ~ ~ ~~! i lT= May 30, 2008 MERIDIAN CITY COUNCIL MEETING June 3, 2008 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of May 20, 2008 Pre-Council 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 Ctty of Meridian ~j; I ~1 4~~; ~' i f?f I '~ ~~~~~ t Y ~ k ~' ~ i 3 f I; k ~) ~ s f ~ ~ f ii, / ~ ' x i ~ f ~ t ~ a r ;; ~ t r r~ i ~~ • May 30, 2008 MERIDIAN CITY COUNCIL MEETING June 3, 2008 APPLICANT ITEM NO. S-B REQUEST Approve Minutes of May 20, 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. L~1 4¢Y }.~~ l~w~gw'w.' I~, F.~~. ~ j ~ ~ ~ - r~: ~ ~.~~~ 1~-:.: ~'. I ~ ~~. s ~,~ vi ~ s ( ~ 9 ~~r I 1~( 1 ` ~ j++,, ~ i ' i ~. ~ _ [ ti h a ~ ~ ! j ~~J ~ ii' ~ F~ x kS i ~ ~ ~ { r ~~ E ~~ 4•~- -1 ' 9 I `-2- ~ '~~ ~. 4 ' ~i 1 ~ .~ ~~ ~~~)),. ~, Z ~ ~~. ~ I a ~ ! i' ' ~ ~ ~ ! ~ a' i '~ _. 9 ~ : ~. e ' i ~ r ~ j ~~E ~~ ~ a! i.S~ - PIS ~~. ~c~ i3 ~ ~~ 4 ~ .. ;- May 30, 2008 MERIDIAN CITY COUNCIL MEETING June 3, 2008 APPLICANT ITEM NO. 5-C REQUEST Approve Minutes of May 27, 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 properly of the City of Meridian. ,r; .; ~ ~~.~ j ~ F I '~~_ . , _ r ~. e ~ ~,~ t ~; tr_, rr ~ Yg y ~ s.; a r ~ ~ ~ y4? j afi ~~ i.,_, S e4~~ ~ ~Y j f i~ ~ n ~ j 1 S~ r t f~. • ,~ r• ~ I ~ s~ a r c~ ~ ~ ~ '; ~~r' ~ ~ ~ 1 i y i } ~ ~~ ~ E ~ ~ ~ ~ ~ ~ ~ ~ ~,. _ 4 ~, f w - ~[ d ~7 ~ ~.,s i' ~ ~ i ~i i~ r ~ ~ ~ ~i is ~ i t .y EI ~~ ~~ y. i , May 30, 2008 S H P 08-003 MERIDIAN CITY COUNCIL MEETING June 3, 2008 APPLICANT James McLean and Karen Swett ITEM NO. 5-D REQUEST Findings for Approval -Request for Short Plat Approval to create 4 condominiums in an existing 4-plex unit on 1 residential bldg lot on 0.15 acres in an O-T zone for Noe Valley Condominiums - 121 East King Street 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 affached Findings ~~x/ OTHER: Contacted: ~1~~sOn Date: rJ-~ Phone: ~= _~~ Emailed: ~1 ~~~_C®~ Staff Initial Materials presented at publ c meetings shall become property of fhe Cffy of AAertdian. t ~~~ ~ s ; 2 ~ ' ~ e ' ,, , (. ~ I' k F,~ , i ~ E ~ j I' y ft LI I ^; i ~ Y ~ a I ~~ ~ ; 1 ~ ~.r it ~~ ~ N ;~ !3 °s ~ 5r; I~~. ~ ~ _ t 5 h ~ >,; ~ ~ ; i , ~ ' ~ ' ~: ~ i 4 , ~ ~~ f ~qq t k i ~ ~ ~ ~ i ' ~ ~ f .1 ; 'h ~ ~ l~ ~ ~ I; . ~` r r ' ~ ~ " ~~ , t - : r~ a i ,~ ; g ~ i ~ ~ ~ ~ ~ ~ 'r ~ z~ ~ ~ { F ~ ~ ~ I ~~ I ~ I ~ ~ ~ ` ~ n ~ ~ ~~ I I ~ 1 ;~ i ~~ i s ~ , r ~~ _~ ? f . r ~ 1. ~~ 4 f i ~ I ~ i ~I ~ ~ ~ I ~ ~ .' t t i ~ ~ pp ~ J a. ~ . g ~ l ~', ( 1` ~~~ ~ ~ '.. ~~ i~ r ~ ~ '..i ~ ', {l ~ i ~lj I ~ I. ~ ~ R :~. :~ y .ti~ I. ~ l~s ti ~~~• ~.: 1 ~ ,~C t ,~, CITY OF MERIDIAN E IDIAI'~TT FINDINGS OF FACT, CONCLUSIONS OF LAW AND ~ DECISION & ORDER In the Matter of Noe Valley Condominium Short Plat consisting of 4 Residential Condominium units within 1 building on 0.15 acres in an O-T zone, by James McLean and Karen Swett. Case No(s). SHP-08-003 For the City Council Hearing Date of: May 20, 2008 (Findings on the June 3, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 20, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 20, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 20, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 20, 2008, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-08-003 -I- i #~ ' 1 ~ ~ i' 'ic ~ ~ ~ ~ c-I- ~~--~-- ' - 1 ~ I jj ~? i ~ a ~ f'~~] r 1 1i :9~ R t ~ G II i 5' S ~ ~ ~+ ~ ~ 2 ` ~ 1 c ~ ~i i !, ~ ~ ~ '~ 4~ 3 i ~f' ] ~, w ~ Y' ~ ~ d ~; {' ~ ~ ~~ .y ~a' ~,,I ~ Sri i ~ ' qq .~ ~_ ~ ~ ff ~ ~ 4 D ~ ~ ~ - f - t y~c~ ~~,~ Irk ~~ ~ ~ ~ ~ ~ ,~: ~ i4 ~ ~ ~ j ~~ i i ~« ~ ~ '~ ~ ~ 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 parry 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 May 20, 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 ®rder 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 Short Plat as evidenced by having submitted the Short Plat dated 3/26/08, 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 May 20, 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, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-08-003 -2- ~~ j 8g ~~ ~~ ~ i n t ~ L ? ~ i N ` 1 ~ t ' .I tl. . F ~ ~: I L ` - i i 1 ~ f I El i '~ ~ (! +~ y~ f i ~ { ~ 7! I f 'd 4 i ~ G j G ~ ~ E ' { ~ ~ L{L{L{ ~y y ~ t .. ~ i _ f . ~ ~ 1- ~ . "I' ~ # ~ ~ $ ~ } }~ i3 ~ ~ r 1n~ j i ~5 ~ ~ r ~ ~ ~; ~ ~ ;~ ~ ~~ ~ ~i ~ a ~i ~ `~ I' ~ ~ ~I {{ , t ~ ~ S .~ ~ • k 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 maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of May 20, 2008 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-08-003 -3- '. ,I f I ~~ t~ t- • I' ~ ~~ 'I, f ', J I ~ .~ y, a ~,, ' ~ ~ ~ ~ ~ ~ ~ „ i ~ ~{ d f~ rF ~~ ~ ,~E ~.,~ ~; x. f {~1 S ~ < ~ i - ~ i ~ ~ I ~ 3 ~ ~3 i ; r s I } , ~ ~ 141 ~ 4 ~~ ~t ~ ~ ~~ ~ fi - ~ ~ ~ ~ rr.. F ~ ~~ ' _ ~ ~ ~ f, ~ I t `, } r 1, ~ V , ', µ ~. i ' ~ ~ ~+i f ~ ~ ; ~ ~~ t ~'~ x. ~ ~ ~ , ~ ~ ~. I ~'i , ~ ~+ '+ ~ ~ ~, " ~ ~ I II €, ~ f{{ ~ ~ I `y~ , ~~. i ,/i ~~ I ' ~ 1 .Y 1 f~ {t`~ -~ 3 I ~` y ~ i i ~~ By action of the City Council at its regular meeting held on the 3 day of .~llri~..~ , 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED_ (,~6~ COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ~~ ``,```~~~~-Y~9Fi~~,,~~i e Weerd C~ ., Attest: ,.>`a~~ '' _, ~"- o ' o ..~ _ -~ - - - Jaycee H an, City Clerk y 9 ~ ~,` ~~ ~,, ~1~ ~, Copy served upon Applicant, They ~„~ ~~~~`ment, Public Works Department and City Attorney. B ~ ~ ~-~ Y• Q ~` Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-08-003 -4- ~~ r {{ I. 1 ~' ~ ~ ~ k ~ ' i ~ r 1 ~ t Y ~;~ i i ~, ~ s ~ 4 ~ t i 1 3 ~ i ~ 1 ` {pp(i , j 1`` Y i ~ ~ ~ i, ~ 1 ~ ~ , } ; '~ ~ I A__- ~~~ ~ (~' i ~ ~t ~, ~ ~ k ~ ~ ~ ?~ I _~ ~. ~ 1 { { i t d t { Et 3 _'~ i 3 1 ~'.. ~' I "e 4 ~ FFes, ~ i_R t t ~ iy i f ~ r. .f ~ ~ ~ ~~ 4 ~ -t _ ~ 1 1 - _K ttt 3 { t~ 1} I: V ~ ~ ~ ~; '~ t j, ~ i `i , ~ ~ r ~x l ~` 4 , ~ ~: ~ j# ~ ~~ s 's ;i ' _ '~ ~ ~ i-i, t Z F ~ i ~ t~ ~~ ~~ ~~ h f ` ^~ j ~ r ~ ~ ! 1 ~ ,r t N ~ ~ ~ ' ~ ;~ p `1 € ~ ~ ~ `~ ~ ~~ ,_ ~ ~ 1 ~ 1 ay 4 ~ f ~W } ~ ` 5 ~ t '' ,i ~ ~ .~ p; I E ~. . f '~ ! i 3 t i f {~ i- a {~ r l~ ~ ? S ;~ ~! y :s a ~k IF i i ~ ti 77p i E >> ~ } ~r y. CITY OF MERIDIAN PLA~ NG AND PUBLIC WORKS DEPART~NTS STAFF REPORT STAFF REPORT: Hearing Date: May 20, 2008 C~i~~E IDIAN~~ , 0®~~~ TO: Mayor and City Council FROM: Jenny Veatch, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator ? ~ 208-898-5500 SUBJECT: Noe Valley Condominiums Request for Short Plat Approval of Noe Valley Condominiums to create 4 condominium units from an existing 4-plea on 1 residential building lot in an O- TZone by James McLean and Karen Swett (File# SHP-08-003). 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 Citv CoLnc'1 heard thic item nn Mav 2n_ 2nnQ_ st +Hp ,_,,,ht;,. haor:n.. tl,o (`n,,,,~.;~ annroved the sLbiect short nlat. ~_ ummarv of itv o roc~l ~hli FI .arina~ i. In favor: None ii. In onuosition: None iii. Commenting: None iv. Written testimony Ehno Tiddens v. Staff nresentinc application: Anna Cannine vi. Other staff commentine on application• None b. ev I ue of i cn ion by ounc'l: i. one c. Kev Council_ Chan~ec to gtafFReen.,,n,pndation i. None APPLICATION SUMMARY & LOCATION The applicants, James McLean and Karen Swett, have applied for short plat approval of 4 condominium units within 1 residential building on 0.15 acres in an O-T zone for Noe Valley Condominiums. A building permit has been issued for the subject building and the building has been constructed. Noe Valley Condominiums are located east of N. Main Street and south of E. King Street at 121 E. King Street in the SW % of Section 7, T.3N., R.IE. The subject property meets all of the applicability requirements as stated in UDC 11-6B-SA and is eligible to be processed as a short plat. Staff recommends approval of Noe Valley Condominiums Short Plat with the comments and conditions stated in this report. SHP-08-003 Noe Valley Condominiums SHP.doc PAGE 1 ~ '' y` ~ ~ ~ t # i ~ } ~ ~~ ( [ jttt ~ ~ itt 2 i, # i t ~ t i ~ ~ g i !, ( t 4 ~ ' { }: ~E i ~ ~~ ' t ~ I , HI } I .. ~I ~ 2 i ; ~ ~ ~ ` ~ ~ I f ~ I i ~ f ,. ~ ~{ i ' ~ ~ I, 4 j ~'i ~ '? ~ ~ ~ i ~ F ~ y [{ , ~ } ~ ~ } t I~ t i i r {Y y, F. $ ~k1 1 ~ -, } C 1 f t ~ ~ ' ~ kt; E i ;j r ~ is ~ ~ yy ~ ~~ lSi S ~ S. ~ t ~ ~ ' ; ~ ! ~ ~ ~ y ! CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTIOfENTS STAFF REPORT PROCESS FACTS a. The subject application will in fact constitute a short plat as determined by City Ordinance. By reason of the provisions of UDC 11-SB-3, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: Apri128, 2008, and May 12, 2008 c. Radius notices mailed to properties within 300 feet on: Apri125, 2008 REQUIRED FINDINGS FROM UDC 11-6B-6 In consideration of a short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; The Comprehensive Plan designates the future land use of this property as Old Town. The current zoning district of the proposed plat is O-T (Old Town District). The Comprehensive Plan allows for a variety of residential uses, including reuse of existing buildings for residential uses. The Thornton Four Plex received conditional use approval June 18, 2002. Therefore, the proposed short plat complies with the Comprehensive Plan. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are available to accommodate the development. Water and sewer services have already been installed with the Resolution Subdivision improvements. Fire, police, solid waste and irrigation services are all adequate. The adjacent public roadways have been completed to the required design and approach standards. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Council fords 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 the responsibility of the developer. D. There is public financial capability of supporting services for the proposed development; Council finds that the development will not require major expenditures for providing supporting services. The developer and/or future unit owners will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future tenants will be fire and police services. E. The development will not be detrimental to the public health, safety or general welfare; and Council does not believe that any additional traffic or noise will be generated with the approval of this plat; the approval for the subject buildings was previously granted. This subdivision will not be detrimental to the general welfare of the public in the surrounding area. Council finds that the subject subdivision will not involve uses that will create nuisances that would be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. SHP-08-003 Noe Valley Condominiums SHP.doc ~~ ~' I . i ' I ~ { ~I. f k ~ ~' ~ ~ { ~ ~+f ~ I ' i 3 C ~' }' ~ 13 F ~ . > ~ ~ ~~ I ~ ~ ~ fi. { t ~ , ; gg ri t { w ~ dd R9. ~ i ~~s :i• i C t fig':. ~ + tg 3 ;oi`, ~ ~ ~ ~ t } '~ _ '.~ 7~ ~~ ~ ~ ~A t S j . ~ ~ 3 ~ ~s 1 # ~ ,' ~a t t PAGE 2 t ~ z 1' ~, r 1 i I~ . ~ 5 ~ ~ L i # '. t ~{ 4 c , 'k ~ t c i ~ fl , ~ r I ~~ g, ~ + ~ t ~ e ~ {' CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPART~NTS STAFF REPORT Council is not aware of any significant natural, scenic or historic features associated with the development of this site that the Director and City Engineer should be aware of. PLANNING & PUBLIC WORKS DEPARTMENT -SITE SPECIFIC CONDITIONS 1. Revise or add the following plat notes on the face of the plat prepared by Tealey's Land Surveying, and dated 3/26/08: 7.) Include survey number and instrument number. 8.) Include instrument number. *.) Add a note addressing the maintenance responsibilities of the common area and landscaping. 2. Complete the Certificate of Owners. 3. If the City Engineer's signature has not been obtained by 03/26/09, the Short Plat approval for this subject project shall expire. 4. Comply with all conditions of Williams Addition 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). STAFF RECOMMENDATION Staff recommends approval of the Noe Valley Condominiums Short Plat (Sl3P-08-003) with the above stated comments and conditions. EX>~BTTS 1. Submitted Short Plat (3 pages) SHP-08-003 Noe Valley Condominiums SHP.doc PAGE 3 ~` I #i ~ ~ ;i ~ 1 z; ~ { f ~ ~i ~ .r i a i ~ ~ ~- i *- F ~ ~ ~ ~ t ~ g ~ ~.i: ~ P '~ tY ( i ~ 4 F ~~ j l ~ ~i$ ~ ~~ 3 ~ I ~ i ~ i, } i ~. f ~ ~' ) ~ s ~ #~ E~ ~ ` i ~ ~ I s y }' ~; s~ f'; ~,. j i ~ ij ~ t , .. a i, ~ ~ t ~! f ~ ~~ ! ~ ~ , ' i ~ ~ s ~ ~ L ~ c ~ x ~ r~. ~ t t r i f 1 , ~ k ~. } 51 r ?' ~E ~ ~ ~ t f t- . ~ ~a. i. ,~ i ' ~ E ~ ~ , ~ ` ~ ` ~ i ~• {~ 4~. r S ~ [ . ~ ~ ~ t ` 1 - ~ y ~ i . 3 I~ ~ y! h , ~ q ` t 1 I ~ ~ .1 ~ 1 f? ; !~~ ~ t ~ ?~ ~ 3 i ii? E i ,~ j t I? . CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT fi' ~ ~ s~,w.,€g-. ea_ _. .. OF BEAC1pJ N~tlw N6R~ SiR@$7 ~~ Y 6 1 ~I 1 fs62ia llAla B1Q56A ~ ~ .~ ~C ~~ ~ ~~~ ~ { ~~ eT 'a 9:..QP, It 3 Y ~ Q W~ILIAMt~. fiRi31T{]fJ ~, i ~~ ~ ~ _-__ yuaxr,~_s .~ea,~__~ ion-.~-~~ ~ ~ ~ n ~i r~'. ~~ Ss~ ~' xa `~ {'rem--` ~~~~` r g ,~ ~R ~ ~~~ ci61r~81woo ~~ tif`~ ~~~ w ` `I 4 ~ ~ { 6 ~ ~ 6i a ~ ~ k'*Ju 4B w{u=a~as ~UU. T,Yiad I((V{ _ ~ b f e ' ~ ~ ~ ~ ~~ ~ ~ 1 1 n~ara ~m srxaet "m ~m+e ax"ier - - ~-- - ---b ~{ 1 mss"='~'-~ Q ~ }~ ~ ~~ ~1,. a v ~~ Exhibit 1 ~~ ~~~ ~~~ ~~ ~~~ y s ~a ~ -~ 4 ~~ ~~ ~ ~ ® ~ ~~ ~~ & ~ s~ 9 oa.~a. ; _ ~ ~ s~ ~ ~~~ c~ ~~~~° ~ ~~ :~~~~~~ ~c~ ~ ~~~ ~ CITY OF MERIDIAN PLA~ NG AND PUBLIC WORKS DEPARTMENTS STAFF REPORT a o~ O ~~ ~~ ~ $` ~~q > ~ ~ ~ ~ ;~ ~~f Exhibit 1 s ag~ss~s^ s CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Exhibit 1 a a L g~gi ~ § C ffi ~~ ~~ ~) a ,- ~i K ~g ~® 8 ~~ ~~ a y A I 4~ 9 9 B ~~ ~ 9 ~~ } ~ ~ ~~ m ~$ b~- i ~& ~~ ~'~ ~ ~P 9I a 4 I a g .~ ~ F 9 f 2 ~;~~ #.u ~ T ~ ~~~ ~'' " 9~~fi ~ X 6 gg ~~q~PS~R~g $ ~s1E°~6~`~> 6 c~~r-1.C~. $ ~W~ ~~' ~'~ gp~ ~ pSw G ~ C q ~~ ~yygggg ~ y*g~ ~t2a~ ~ ~PW~~ 1 ' k ~9~a ~ ~ n'r°i~`~ a~~~ ~ ~~ ~ w ~~ ~v~y~~ ~ ~ ~~~ ~ ~ I ~ ~ ~ ~~a~ks -~ Q ~~ ~ ~~~~ _~ ~ ~ ~~ ~ ~~s ~ I8~ ~~yfl ~ ~ gp A ,~ 6 I ee~ ICJ J ~ ~ ~ ~ ~ ~ ~a ~p~ppp~~ ~~ ~~~a ~~ g8 ~ ~ May 30, 2008 i MERIDIAN CITY COUNCIL MEETING June 3, 2008 APPLICANT ITEM NO. S-E REQUEST Water Main Easement Agreement for Arch Rock Subdivision by CTD Development, LLC 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. ^ :~ ~ w~ ~ ~+s~~ ~ p ~~ i i' '~ - j -~ s~ i k ~ I '~ ~~i ~ q Z ~ ~ } ~:, ~ ~ ! ~ ~ t~ s~ F ~~. ~ ~ ~ ~ f ~ ~ ~ I ~ .a _ SI t ii~~~ - ~ ~ , i r s~. - ~ • t 2 ~ ? ~ . i ~ ~ ~ et ~ .r ~ l t '~ t ' , ~ t i ~ ~'s~ d ry ,. i, i ~ ~ ~ ~1' , `F i p I h ~ F .3~ ~ j 7 E r •.~ t r ~ !I . f i ~ ~ S. `~$r! Jt ~1L ~'(. ! ~~. i c 1 D~ y f1 i.,i ~ ~ F; 1 ~~ f~~ i h ~ ( ~ S 2f f ~ } ~ %N ` COMMENTS See atFached ~~~ • nun 4uuni ~ ncwmurn ~. uaQ vltnnu xn~uuni .w o BOISE IDAHO OBhB/08 11:~ AI~ rI RECORDED ~ REQUEST OF ~~I I1~lIIIIIIIilIIIIIIIIIIIIIIl~~ „~~ Clay SE1711 E19 WATER MAIN EASEMENT THIS INDENTURE, made this day of May, 2008 between CTD Developmeet, LLC, the parties of the first part, and hereinafter' called the Grantors, and the City of Meridlaa, Ada County, Idaho, the party of the second part, and hereinafter called fire Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessazy to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, inconsideration ofthe benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right of-way for an easement for the construction, openation, maintenance, repair, neplacemerrt of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the Purpose ofconstruction and operation of a water line andtheir allied facilities, together with their maintenance, additional cormection thereto, repair a~ mPt at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easementandright-of-way unto the sairi Cnarrtee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the waterline, Grantee shall restore the area ofthe easement and adjacer-t property tia that existerrt priorto undertaking such construction, repairs and maintenance. However, Grantce shall not be r~asponsrble for reP~B~ replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrnbs ~ flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part o~ or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which li~ within such bou°dary thensof or which is a part thereof; shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and pcesessed of Water Main Easement ~' 1 {.~ i _ e ~ A '~ I j h i 0. 1~^ t l ~~ ~ r~, ~ 1 ~ I 5 & ~ r i t! ~ vi 3 F ', ~ l!~~ i 7 ~ „ I ~ ~ ~ ~ ~l ! ~ ~` ~ :~, i. '~ ~ S a ~E I ~~~ ~ ' I i ~ ~ , ~ 4 j ~ r ~~ G 1`~ I1~ ~ j r ~~ ~ ~ ~ I+i ~ ~~. i ~ , ij i~ ) ~~, ~ F ~ i a ~ ~ ~ ~=~ 1 !. ~ r I ,i :~ t ~ ~~ ~ ~e A 333 ~ ' Arch Rock -Water Easement Asr~,_. ~ .JO~..,5._.. t 1 j k ii r, ~ + r {~ " ~ ~, i z :_ $ ., ~ " i ~ ~ ~ ~ ~ , t , '~ ~ ~ ~ ~ I ~ j , ~~ ~ ~~ ~ ~ I ~ i .5 I: k ~ ' ` ` ' ~ ~ ` F ~ ~ I '& } f V l y ~ ~ ;~ ~ ~ ' E~ ~ . e the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the fast gait have hereunto subscribed their signattu~es the day and year first herein above written. STATE OF IDAHO ) ss County of Ada ) [.C On this ~ day of May, 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared DUSTIN CAMPBELL, known or identified to me to be the Managing Member, of CTD I~velopment, LLC, who executed the within instrument, and acknowledged to me CTD Development, LLC executed the same. IN WIITIESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. NOT Y PUBLIC FOR IDAHO MARTIN McDONALD NOTARY PUBLIC Residing at ~'~ STATE OF IDAHO C°""r"~1OII ~'~~ ~~}y ~~ ~ Managing Member CTD Development, LLC • .~ ~ GRANTEE: CITY OF MERIDIAN ~~.~` ~ r~C EAL Tammy de W i ~r ~@ '~., ? f tit • ~ ,~^~•` Attest by Jsy ohnan, City Clef rrrrrnrr-++~~~~~` Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) On this ~ day of= 2808, before me, the undersigned, a Notary Public in and for said State, personally appeared TANA+IY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, restively, 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 m and afFoced y offecial seal the day and year first above written. .•'~'~M~~~'•. (S~-) ~ ~,~ ~~ T ~_~~~ ~ NOTARY PUBLIC FOR IDAHO ~, ~ Residing at (~ u,e 1~ 1 r] • ~ ~ Commission Expit+es• !~_ll -! I +. • •,c~,~• • ,, • :~' , .9 __ 1,C ~0,•• •~ pF ID~;• •i.~s• t 1 ~~ ~ ~~~~ 'r i i ' ,, z i .~ i ~ `J) I ~ i~ ~ ~ ~ k .e { ~ i. 1 ] f f ~) ~ ,i t ~ 4 Y ( F < ~ ' ii s E, ~ ~ ~ ~ F } ' t i _ ~ ~ I 4 ` 1 j7 4 t~ FOR; C.T.D. Jt~B X10.: pE14d?7 DATE: May 21, 2008 E~TT A WATER EA~El1~EN'f An easement being aportion ofthe NWl/4 NW114 of Section 36, Township 4 North, Range 1 West, Boise Meridiauy Ada County Idaho;. more pattienlaFly described as follows: Commencing at the northwest corner of said NWl/4 NWi/4; Thence S 00° Y4' 42" W a distance of 6$6.89 feet along the west boundary of said NWl/4 NWl/4 to a point; Thence S 89° 26' 18" E a distance of 38 00 feet to the POId'+1T OP BEGIAirIING of said easement; Thence conti~-uiug S 89° 26' 18" E a distance of 20.00 feet to a point; Thence S 00° 14' 42" W s distance of 20.00 feet to a point; Thence N 89° 26' 18" W a distance of 20.E feet to a point; Thence A100° i4' 42" E a distance of 20.00 feet to the POIl~iT OF BEGINrTING of said easement; This easement captains 0.(819 acres, more or less SUBJECT TO, All existing rights- of way and easements of record or implied appearing on the above-described parcel of land T ~~s~ :; ~5 i ~# ~~ ;z r ' ~ 1 ~ ~ ~ f } ~ ~. ~ i ~ ~i 1 ~~ tt )f~ ~ F , t y, ds ,~ ~ i ~ { .. ~ ~ ~ i . ~ , ~ ~ ~ ~ a i $' C I x 1 1 kf ' 1 ~ Ii.. ~ f. ~ ~ ' F ~ ' ~' S I 1 ! 1 F S ' ~ ~ ! ` ~ i ~ i 4' ~ ` '~ ~ f s t ~ ~ ~ s, ~ . ~~1 ~ ~ ~ ~ ,I, ~1 ; ~ a 4 ii ~~p~i i ~ ° ~ # n' ~ ~' tt 4 ~~~ ~ ;. °j k ~ ~r ~ ' i ~~~~ ~~~ ~BNPfr..Mc ', .~~ ru un~ae ~o ~ ~ a ~• ~ ~ n Z ------ ~ nr. au~sTOn av~ I~ ~~ ' i I~ 1 P ^~~ ~ t »~~ I~ 1i ~ ! I, ,`~ ; ~ ~ 1 ~` ; ~~~~ ~. .. ~ ~• .> ~;~. .~ t ~~ { f ;' ^~'` !f~ ~I I ~ ~ ~ •,~ .~ _ ~ _ ~C ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~g~ a a ~~ y ~~ ~ ~ Ndy'' O ~ '7 V ~+. Q ~ '~+... QQ~ .Z Z ~ Q oz ~ ~ ~. ;i ~+ 44 ~ j j s ~ ~ ~ ~ y ~ ~ ~ ~-.- ~ ~; i t;~ f ' ,, ~ ! ~~ I ~ i x ; (# ~ _ . ~= Ott I ~ ' r I~ ~ y , ~ . ~, a g s ~ ~E ~I 7 ;~ ~ I i ~ , ~~ ~ Ej~ ~ 6. t ~ ~ f~ a I ; : s ~ ( ~ , e s. I ~ I ~ " ~ > r i ~ r) E t i. 9 £< I , ~~ Y ~ 5~ ~ x ~ q j ~ x t 1 I 1 ~i ! 1i f I .1 t i ~ I ! ~ 6 7.~ ; .~ ~ 9[ ~ f - t 1 7 ~ 4 I , C ~ T` E ~ ~ ~ ' Ii ± i ~ ~ t ~ 1 E I ~4 ~ x r~ i ~ , f G ~ N ~ ~ ~ 1 ~ ~ i.,l ~ ~I ,~ '1 ~ .~. r i ~ I Gf ~j t t .' r.S y j ~ e r 1 ~ ~ ~ 1 ); ~ ~ y ~ 1 . ~ ~ r ` ~# ! ~ ~' 6 ~ T ~~ ~ a ~ ~ ` ~ I to , ~ '' ' ~ !% ~ f t ' ~ i E ~ 1~ ~~ I I ~ I . c:. ;~ I F 1 _i~ 7 f. ~ F a 4 ~~ o ' t,i F , 13 i ~r ~f i ti i ~ # _ ` , ~ I., ~,3`~ j a5 ;s ~ y City of Meridian Public Works Dept Memo ~~c~I`~~ gar 2 a zao~ pity ~f fi~ex~dian To: Mayor De Weerd & City Council pity Clerk ~~ From: Kane Glenn CC: File Date: 5/27/2008 Re: Proposed Agenda Items for 6/3/08 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 6/3/08 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Arch Rock Subdivision by CTD Development LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Arch Rock Subdivision by CTD Development LLC and authorize the Mayor to sign and City Clerk to attest. Thank you far your consideration. • Page 1 ~ ~ ! ; ~ F ' f f ' ' f ' ~ f €~ ~ S ~ I { + ` t ~ ~h i ' ~ ~ ~ ~ ~ i 3 ~~; f Ip '~ r. 1 ~ ; t t ~ `~ 3 : ~ ~ ~ 1 ~ 'i Y ~ ti j '. k to ~; g{~ 3 S Z'_ t ~ ~ j~ 4 F i { k ' L1 t' ; ~- ~ ~f ({ t F ~ Q. ~L ^R i ~ e ,. ~ ' j v1' t i ~ i t ~' ' ~ ~~~' ~ ~ `' 'i r ,~. { ' ~ { ~~ ~; ~# ~ el i, ~~ ~ t ~ s ~ $ p ~ ~ ~L ~ ~ ~?d ny ~ ~ 6 - i ~ _~ ~ ~ '~ ~, F~ i, ~ j ' '' d~ c ! a b ` ~ ~ i 4~ G ~ w t~ y 1 A F ~,' ~ i 44 ~' .G ~,. ~ ~~~ { -~: k ~ y ~ i~ 5 ` ' .. S a i E ;~ C ~' 1 ~ ~ ; y ~~ ~ ~ +, a, t 3 f ' ~ ;: i ~ # t ~ , :~ • WATER MAIN EASEMENT THIS INDENTURE, made this !day of May, 2008 between CTD Development, LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, inconsideration ofthe benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee theright- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose ofconstruction and operation ofa water line and their allied facilities, together with their maintenance, additional connection thereto, re~ir and replacement at the convenience of the Grantee, with the free right ofaccess to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto-the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the azea of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they aze lawfully seized and possessed of i Water Main Easement ~I~d! il~~~'. Arch Rock -Water Easement =~ ,, I ;'; ,~ + !' c: ~; k~k f s~ the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR;:'CTD DEVELOP NT, LLC ~ in Campbell Managing Member CTD Development, LLC STATE OF IDAHO ) County of Ada ) On thisLZ~ day of May, 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared DUSTIN CAMPBELL, known or identified to me to be the Managing Member, of CTD Development, LI,C, who executed the within instrument, and acknowledged to me CTD Development, LLC executed the same. Y IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. NOTA Y PUBLIC FOR IDAHO MARTIN McDONALD _ NOTARY PUBLIC Residing at Fin: S,.,L , 1~ STATE OF I®AHO Commission F,xpires: ~;~~,., ~ Water Main Easement ;~ ~3 ,x. ~~ Arch Rock -Water Easement ~ f~ # i ~+ ~ r 1 t ~`- ~{ ~ ~ ~ ~ ~ e ~ ~ ! ~ ~ ~ ~_ , ` ~ ,~ ` ~ 1 ~ }~ T [<j I ~ t II F .f ~ i ~ 1 ~ ~ ~' ~" i ~ t .q{ y I ~ t ; f f ~ ~ ~1 ' F~ \, ~ '~ ~ ~ I ~ ~~~ ~ ~ ~ ~ ~ ~ r ~. . ~ 1• ~ ~ ,. ti ~ t .p~ ~- g ~ t' ~ ' ff ~ S ~ 7 '~ $ 111 f { ~ ~ ; ~. t { t~ y}}75 ~ ~pp t- j ~i ~ ~,} J ;G i F it I ~ ~ i ? s ~~ ~~ i~ ~ ~ . F, 1 ~ f i 4 I: 4 ~,., GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by Jaycee Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) On this day of , 2408, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, 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 ai~ixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at Commission Expires: • __t n _ _t. w....._ r............... ~~; ! ~ ~ ti~E ~ 71 ~~ r ? .~ yT 1~1 r ~ ; , fi4 = ~ .; ~ T~T F ~ ; ~ ~ k~: ~ ~; ~ S ~:: ~ ~ ~;~ y a ~. ~ j t ! ~ ~ ~ ~ ~ ~ ~ ~ { Z 7 if t ~ , i ~ ~ -z h ~ t G ~~ ~ f ~ ~~ t ~~ ~;~ ~, q L. ~ ~ 11 : ~ ~ t~ ', ~ i q ld ~ - ~ i ~ o ~ ~ ': - j ~- } r ~ ~ ~ ~ ~ i E ' ~ S 1 f ~ ~ ~ s' ~ ~ ~~~'~'. '~ ~ ~ 1 i~ ! t kt t ( t ~ ~ i I ~ 4:1~ ~ f ~ ~ ~ ~ ~' 3 ~ ~ ~ ~ p~~ ~" 9 ~~~ ~ ~ ~ ~-. _ ii f t ~ Y i ~; ~ {~ it L ~ ~ ~ ~ ~ ~ ~ t ~ ~ ~~ 7 ~ f 4 i ~ . . ~ f ~ ~ ~ ~ 3 ~~ ~ ,.,. . { ~ ~[ ~~. i~~.~ ~~ . t i h ~ 1' '~~; ~ ;. d 4 r , ~. ~~ ~' [! ( f Ct j F ~ ~ r ' . ~ or ~ d ~.. .; ~ 1 i ~ ° t Professional Engineers, Land Surveyors and Planners ~""°~.' ~~ ~~~ ~~ ~~ ~ ~~~ ~nc. 314 Badiola St. Caldwell, ID 83605 Ph (208) 454-0256 Fax (208) 454-0979 e-mail: clhc,izheg•rrr:n~srn~~.us FOR: C.T.D. JOB NO.: FE1407 DATE: May 21, 2008 EXHIBIT A WATER EASEIVE'IENT An easement being a portion of the NWl/4 NWI/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County Tdaho, more particularly described as follows: Commencing at the northwest comer of said NW 1/4 NW 1/4; Thence S 00° 14' 42" W a distance of 686.89 feet along the west boundary of said NWl/4 NW1/4 to a point; Thence S 89° 26' 18" E a distance of 38.00 feet to the POINT OF BEGINNING of said easement; Thence continuing S 89° 26' 18" E a distance of 20.00 feet to a point; Thence S 00° 14' 42" W a distance of 20.00 feet to a point; Thence N 89° 26' 18" W a distance of 20.00 feet to a point; Thence N 00° 14' 42" E a distance of 20.00 feet to the POINT OF BEGIIVNIl~iG of said easement; This easement contains O.Q09 acres, more or less SUBJECT TO: All existing rights of way and easements of record or implied appearing on the above-described parcel of land. 7 ~~® \g OFtQ'a -~---r ~ ~. ,~; ,. s :, _. ,. r ~~. ;~,, ~, a M1 f T 4i S r ~~ Q~ 5 x. 4 ~, ~, f L" ~ a ~~a ~~~ AL UND£R ROAD _ _ -_ _ - - 309:80' -7-~ { ;! 1t J. ~ 11 ~ i~ ~ ~ l i }~ y~ 1 T~ ~ ' 1~ ~ I i 1~ I N 1 I t 1 1 It( I ~ 1 I ~i 1 + 1 I ~,~'-- l,`'' . h.~` '1vr I i ~ ~= i ~ N_ DUSTOD AVE 1 1 ' I ~ `. r------------_Z I ~ I t----_______! I~ r-~__~___ 1 ~ I I I g j I I I ~_ ~ I I ~ -D ~ ; 1 !~ ~ I 1 1 ~; 1 _~_ ~ ~ I 1 I ~__ I I 1 1 i 1 ~ ~ 1 i1 i I~ -' S i 1 ' ~~` ^~~; 1 j "r ~ ' I 1 .%~-- ..~~, ' ~ ~' j r i i ~ ~~ {rr {' 1 ~, r 1 1 ~O~/ ~``7 ~ 1 ~ ~- ' , u . 1 %' ~. V~ I ~ i ~..__y v'71ty_~ ``J 1 \` I ~`. \ ``~ { {{r { {r ~~~` ~I { r ~ { {r `~ '~ I r { ~~~ { { , i r ' I \ r { { • / ~ I ~~ I I •`~ ~` ~ ~ ~ `~~ g k 92 ~$ ~~ ' 4 I~ I~ I~ I ~ Ig a I a ~m 2 r ~ S z m III'` Imo,' ~ I a m ~ ~ a `~-- ° ~ -~L.. -- oao ~ z ,, V ~ ,~ n ,~ ~ Z C~ ~~ ~ o c j o~ y Z ~~ F ~~ ~' F i j ~ ~ ~ x~i ~' ~„ E ~;~ 6 ~ ~ t ,/ ~ ~ 1 ~ ~ ~ e ~'¢~. ~ ~, 9~ I 1 i S y_ ~ ~ '~ _ +~` ~ r ; ~ A ~ ' ~ r ~ ~ F e$i- ~ •i, z~ j ~~ `~ ~ ~ ~' ;`` ~ {y ~~ ~ ~ ~ ,i ,~ ~. ~ ~ j, ~~ , ~ ,~~, t ,, ~I; , ! c 4 y ~~ n ~,~~i ~ ~ ~ r3 ~ ~~ ~. 1 pa r ~.~ i ~ ~r ~ ~ ~ 4 1: ~ j ~s, ' ~~ ~ ~ i {r ~ ~ k_ ~ ~ ~ , t i :! ~ ~ i a ~~~ d ~ ~ ~ i ,I a z~ ~ l ~ i i .~ •~ fi{ ~ L 1~ ~L ~ S p ~ ~ : t I Iz ~ it ~~ ~~ ~ ;. 1 F 3 ~ ~ x ~ , ~ ~~ ~ ~ V3 I. 3 ~ 3 i May 30, 2008 VAC 08-004 MERIDIAN CITY COUNCIL MEETING June 3, 2008 APPLICANT Primeland Development ITEM NO. 5-F REQUEST Resolution -Request for a Vacation of a portion of the public utility easements platted with Verona Nos. 2 & 3 Subdivision for derona Nos. 2 ~ 3 Northeast Corner of West McMillan Road and North Ten Mile Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Resolution CITY POLICE DEPT: ~_ CITY FIRE DEPT: n mil/ 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: Lh~k CkLri s~~s~-~ Date: 5-3C}~~' Phone: Emailed: ~~-~(~ ~ ~~(]~~. Cl ~ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDE AVID NAVARRO AMOUNT .00 4 BOISE IDAHO 06/06(08 AM DEPUTY Vlcld Allsn ~~ I I I II'I II I I ~I I ~I I' I I II I II I II I' ~I II~ RECORDED-REQUEST OF 108~~~~~3 City of Meridian CITY OF MERIDIAN RESOLUTION NO. O ~" ~ 1 ~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION VACATING THE 10-FOOT PUDI EASEMENT ALONG THE WEST BOUNDARY OF LOT 2, BLOCK 12 AND THE 35-FOOT BLANKET EASEMENT ON LOT 36, BLOCK 10, LOT 1, BLOCK 12 RECORDED WITH VERONA SUBDIVISION N0.2 AND ALL THE PUDI EASEMENTS ALONG THE WEST, NORTH AND INTERNAL LOT BOUNDARIES OF LOTS 41-46, BLOCK 3, GENERALLY LOCATED AT THE NORTHEAST CORNER OF W. MCMILLAN ROAD AND N. TEN MILE ROAD IN SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST, CITY OF MERH)L~N, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 27, 2008 the City Council of Meridian, held a hearing on the vacation of the 10-foot PUDI easement along the west boundary of Lot 2, Block 12 and the 35- foot blanket easement on Lot 36, Block 10 and Lot 1, Block 12 recorded with Verona Subdivision No. 2, and all of the PUDI easements along the west, north and internal lot boundaries of Lots 41-46, Block 3, generally located at the northeast corner of W. McMillan Road and N. Ten Mile Road in Section 26, Township 4 North, Range 1 West, City of Meridian, Ada County, State of Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the vacation of the 10-foot PUDI easement along the west boundary of ~ i ~ ~I # ~t Lot 2, Block 12 and the 35-foot blanket easement on Lot 36, Block 10 and Lot 1, Block 12 recorded with Verona Subdivision No. 2, and all of the PUDI easements along the west, north and internal lot boundaries of Lots 41-46, Block 3, generally located at the northeast corner of VACATION OF PUBLIC UTILITY EASEMENTS FOR VERONA NOS. 2 AND 3 -VAC 08-004 Page 1 of 2 !~[~t~.~~14 ~ ~+ t~ ~5 I '~ I ~~ ~, ~ ti ~ ~~ M f{ t ~; ~~ ~ ~~ i ~ fib` 3} ~ 4 ' ; I F ~ ~ ii C ( I ; ~~ i ~3 € ` ~ i, '~ r ~ s.~ ~ ~ ,: } fi, ~ i ~ ~ ,, ~ , , kfi ~ 'ti `z' 'k' ~ ~ ; '~' ~ i ~ I ' i ~ r C ~ ! t' i ' a ~ t t i ?~ i, I>' I ~ ~ ~~ ~$ S ~: Y ~~ ! ~f ~ i t ~ i'r~ ~ r _ ~ ~~ ~ j ~ ! ~ : ~ } W. McMillan Road and N. Ten Mile Road in Section 26, Township 4 North, Range 1 West, City of Meridian, Ada County, State of Idaho, is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its s adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 3~~ day of ~~-l.~e. 2008. ~ APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of ~LL.rl~ 2008. MAYOR ~~ `y``~~~~1 N 1l llll . ATTEST: `,~,~~~~'~ qy ~ , / ~ ~ ~ho SBAL JAYCE L. IIOLMAN, CITY CLE~tK y 9 ~ STATE OF IDAHO, ) ''''ll'lll-rll,",~`,``~~ ss County of Ada ) de WEERD On this ~~ day of ~i...~.~_. , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and ~~~cFrr6~~bove written. v (SEAL) v~,'~ ~~;~~'': NOTARY PUBLIC FOR IDAHO RESIDING AT: _eC~~ (~~ ~ ~_ .~''fC' ~,~~~',• MY COMMISSION EXPIRES: OPi ~ VACATION OF PIC UTI~'~~' EASEMENTS FOR VERONA NOS. 2 AND 3 -VAC 08-004 ®o®®e Page 2 of 2 ~ ' i~ r{' ~ G. t ~ l !~ ~ ` i' ~ Ilia ~ s ~ 5 _!: ` ~ ~ it t !!!1 ~ ~ A ~ ~ t ~ a, }} . t '3 ~k >~~ a y ~ i k ~ 1 ~ f 1>~ k Z '~f ~ ~~ I~ t ~ 7 ~ k ~ 1 ~ ~f i I l ~ i ! [ 1Y~ ~ ~ ~~ I ~ ~ ~ ~ 3 t ft i ~ i. ~ ~~ ~ ~ ~~ ~ 1 ~ _{ ti ~ o ' ~ ~ j . ~ 1. ~ ~ ~. !! {F 6'. ~I ' ' S ' '~ t -~ t t. j 4 1 d I ~ 1 , . i d tt ( Z} t f a r. ~ I k i i ' LI ' ~ ~ i ~ 9 p ~ ~ j{99i.3 I ~ ~ Cy F, ~ ~ 4 ~ ~G ~ z C f '~ I i6 ~i~ . . ~ I r- ~I [~ Y ~ 'j I~ ~ ~a ` ~~ , i ~ fi'. ~ ~ ~ ~ 1 , I z r ' i ~.i , .~ s ~ ~ s ~ i. ~ ~ ` . ~ ~ ~ I~ r ~ I~ ~ . i t ~ ~ j ' :~ y y ~ ~ {{ EXHIBIT A r .existing Easements to be vacated ~ ~ Verona No.2 :~. ~ . a ~ ~~ ~~ g YQ~3 q.~ . ~ °~, I' i I I N~ 00.~®'~~ ~ I ~: E t , . p~p~ i. ~' aRlL -~ n h <; :Ob'Q[ ~~ J ~~ ~~ N O Z O ~~ ~~ N ~'. ~~ pqd~ V6 5 ® ~~ --:~-~ -, t ~3'f ~ ~ c ~ t vx wisNmsr,~ n ~~ t @ ~ ~ ~ ~ 1 ~~ ~~ - ~, ~iI .. ~ ! ,~ ~~' ~~~` ~ ~~ `~~~' _ _~, AVNI YNblt(0`J DI Z Z :~. o $. Z; ~ o 5 b ~~ ~M ~ 1 ~ f C> ~ ~~ 10 ,.. ~. ~ .. ' ' `_ 1 N ~ •L Oli MpISgIQgR4 Wgyy. ~ , " ~ ~ ~ i ~ ~ ' a Sa ~ • - ~~. Bl.{~.'-~y~ ibNWv3e .iD SbY~ ~ ~' `~ N. ~. ~ _ ~,sr3s8 8. ~J ~.e~,i a x i ~ j ; ~ ~f , , ; t r ~ ~ ~ a I F ~~4 ~ ~ ' ' is ~. r ~~ ` i { 1 ~ ~ I ~ , ' ~ ~~ ~ E o i ~ ~ ,~ ~. ~ , ~:; ~ I ~ f ~ ~ b I ~ ~ i fi ~ ~ "t ~ ~ ~ sa ' i ~ I i. ~ ;! i ~ ~ ~ ~ Al ~ i ~ ~ L• ~ ~ 2 Y, 'i P ~ ~ 1 3 4 ~.{~~ ~_ y ; ~ rr i P ~ ~. ~ ~~ ~ { , ~ i 3 i ~ ~ I i ~'. t ti i D _ 1 f ' [ E 3 { ~ ~ . ff ' F ~ ~ V 'b , S[ [ € 1 , a ~ ~, ~ d ~ ~ f • May 30, 2008 AZ 07-020 MERIDIAN CITY COUNCIL MEETING June 3, 2008 APPLICANT RC Meridian Partners, LLC ITEM NO. S-~ REQUEST Development Agreement -Request for Annexation and Zoning of 21.81 acres from RUT to R-15 zone for Chalet Marseilles -Northwest Comer of East Ustick Road and North Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Development Agreement ~~~~'~~ Contacted: ~I'1 ~~la K9._ Date: Gj3Q°(~ $ Phone: Emailed: (~~ ~ ~ Staff Initials: ~- Materials presented at pubpc meetings shall become property of the City of Meridian. ~, ~; k K' ~:` F 1 - i F ' ~- 1~ ; ~: 1 i ~ 1 ! f i .. x I l ~ ~i 1~ c E i . ~ ~ fi 1 ~ ~ C-r_ t~ ~ ~ ~ L 3~ 1 ~ ~ i ~ ' 4~ F f r' rs ! (( ~t~i ~L ~ I ~ - ~ I i t€ ~, ~~ ~ ;,s .~ ~~ ~i, ~ ~ ~ ~ a ~ ~1 ~ ~ } 4 1 t ~" , ~ i ~ ~~ ,' ,t~ = ~i ~ s ~~ ~ ~ I ~~~ ~ ~~; i ~~ ~; ~ ~~ 3 ~ ~ f i i 7 ~ r ~~ l,~ a ~ ~ l ~ r ~ ~ ~ ~ ~ . . 3 I ~ - l ~ [ ~ c t y ~ t R, ~ i i ~ ~ p t , r ~/ ~ Z 1 ~ 1 ~ ~ i. I '~"A ~! ~ 1 1 _. ~~ It F , 1 1 f 1 ~ f rf~ i ;~ ~ ~„ ~ , ` ~ E ~a~~ i t ~ '~r ~ ~ f A 1 ~ ,. , i ~ i . F ~I[` ~ `~ j y y r e r~ `'1 F 1} f j ' ' ~~ ` . , r a ! t !~ ^ 11m ; 9 l t~ j r s i.j r i { May 13, 2008 Daren Fluke JUB Engineers, Inc. 250 South Beechwood Avenue Suite 201 Boise, ID 83709 Re: Development Agreement -Chalet Marseilles AZ 07-020 Dear Mr. Fluke, MAY 2 ~ 2~ City (Jf Meridian City Clerk ®f~ee Enclosed please find the original Development Agreement for Chalet Marseilles, which is ready for your review and signatures of the appropriate parties. Please sign where indicated and return to the City of Meridian City Clerk's Office for placement on the next available City Council Agenda for approval. Please call me if you have any questions at 208-888-4433 Sincerely, ~C~.sto~.~e..~ Tara Green Deputy City Clerk enc. n[~(~~~~7~IUII of MAY 4 4 2008 I,, , e ~j ~i h ~~ k~ ~~ ~.. ~ ~, f li I, 4 ;, ~~ ~ ' ~: ~,:. j i I i Ii i 1 i ;, :z ~~ ~, l iZ ~~ ~~ ~ l ~~ gg~~ a€ ``' ~~ j'r r ~i 1~ 4 ~ t a }; 11 ~ ~f s{ ,]~ ~~ j" ffSS i ~" ~i~ tl ~ ~~ ,p 1 I :~ ~ ~~ 1 i ~~ '3 M ' i n ~[ ~ ~ ~~~ ~ t }: y~ [ ~ ~ ~ - s ~ z . j s ~: j ~ ,_ ~ ? s i , ~ a ~ ~ ° E j i .a: ~ , i~ ` ~ ~~ `~ ' S ~ j 1 ~ I v I ~ f i Z ~ {, ~ ~ 7~ } ~• ~ f 1 f ~ b ~ t t 7 f ~'.f F { A ~~ ~ y 3. ~ ~~ ' p s r ~ ~: f ~ ~ ~§ F ~ . ~ ~ ~ ~~ ~ ~ ~ ~ ~ i i i ' ~ ~ r ~ ' 7 r- ~ ~. ~. ~ ~ ~ ~. -. j ~ ..~ ~ ~ f ~ I _ ~~ ~ ". 3 ~4 ~~ 3p Y~ i~i _ 7 j ft x :. i iay }~ : ~~ ~ 8 9 t s k ~ 3:' I i t ~ ~ a 1 RECEIV&;~ ADA COUNTY RECORDERJD NAYARRO AMOUNT .00 66 BOISE IDAHO 06/06108 10: t DEPUTY Yield Allen ~'I I~I~,I~I~~1~~'~~~~~~~~~~~~~~ 1~~ ~I~ RECORDED-REOUESi OF 10806962 Clip of Meridian DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. RC Meridian Partners, LLC, Owners/Developers THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of it~la 2008, by and between City of Meridian, a municipal corporation of the State f Idaho, hereafter called CITY, and RC Meridian Partners, LLC, whose address is • , hereinafter called OWNERS/DEVELOPERS. ~'' ~~ ~ ustlc Qd. liryeri d;av+, td. 63GY6 1. RECITALS: 1.1 WHEREAS, Owners/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, hereinafter referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developermake awritten commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owners/Developers have submitted an application for re-zoning of the Property's described inExhibit-A, and has requested a designation of R-15, Medium Density Residential District (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owners/Developersmada 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 t i DEVELOPMEN'T' AGREEMENT (AZ 07-020) CHALET MARSEILLES ,. , i ~ E~ i s' ' yi L,? i i~ ~ i t F.. t~ Qi[} i s ! t! PAGE 1 OF 9 t ~ f ~ I ~ ~ ~ ' r• _ ' ~, ~ i p~, ~ i i' - ~i ~ s , _ r ~ ~ ` ~ A ~ ; ~~ •~ ~ ~ -. ` r 1 1 ~ ; i i 34 I' f t M1 t E r# k ~ ~ t6 ' ~~ r ~ P ~ ~ ~ g y , iI~ ~ k _ F{t~ ~ ~ $ `~ -, ~ i ~ 3 y y + ~ 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 1~` day of April, 2008, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which aze attached hereto and by this reference incorporated herein as if set forth in fiu11, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Owners/Developers to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNERS/DEVELOPERS deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owners/Developers to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. ;: is 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 aze 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 cleaz context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT {AZ 07-020) CHALET MARSEILLES PAGE 2 OF 9 i ~ ~ ,' t !? r ~' ~' f ~: f f • 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNERSIDEVELOPERS: means and refers to RC Meridian Partners, LLC, whose address is 8142 S. State Street, Suite 106, Midvale, Utah 84047, the parties that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the pazcels to be re-zoned R-15, Medium Density Residential District, attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2A which aze herein specified as follows: Construction of 120 multi family dwelling un~ on three residential lots and one common lot in the proposed R-1 S zoning district on 21.81 acres and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 07 020 applicatior~ 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. Owners/Developers shall develop the Property in accordance with the following special conditions: Construct a maximum of 120 units on the site and comply with the site plan, dated 03-OS-08, and elevations submitted with the CUP. 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 Owners/Developers or Owners'/Developers' heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" DEVELOPMENT AGREEMENT (AZ 07-020) CHALET MARSEILLES PAGE 3 OF 9 ~ ~ ~ ; , ~, f ~ I 7 ~ ~ ~ ~ i. ; ?~ fi ' I i Ci i i , £ ~ # ~ ~ ~ k~ j F ~~ 4 { i jj t .~ j~ ti ~ #~~ ~i i j ~ ~~.~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I ~ e w 71 I f a~ : ~ ~ ! s I L I j ~ ~ ~ !' # ~ ~ ~ i Ali € ~ i! ~ ~ ~ 3 (~ i i ~ ~ ~ i ~ ~ i t s t ~ ~ 9 f, ~ I ~~j N ;'i i ~~ ~ k+~ S i ~_ 1 S t '! ` ~ 4 w i ~ ~ ~ ~. ,~ ~~ ~ t ~ ~ ~ j~ t i a ~ } { i i a~ ~ F { ~r s 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: Owners/Developers consent upon default to the reversal of the zoning designation of the Properly subject to and conditioned upon. the following conditions precedent to-wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owners/Developers and if the Owners/Developers fail to cure such failure within six (6) months of such notice. 8. INSPECTION: OwnerslDevelopers 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 Owners/Developers, or Owners'/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 may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owners/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 Owners'/Developers' cost, and submit proof of such recording to Owners/Developers, prior to the third reading of the Meridian Zoning Ordinance in connection withthe re-zoning of the Property by the City Council. if for any reason after such recordation, the City Council fails to adopt the .ordinance in connection with the annexation and zoning of the Property DEVELOPMENT AGREEMENT (AZ 07-020) CHALET MARSEILLES PAGE 4 OF 9 - ~---- e' j ~ ~ i ~ ~ ~ii 1 ~ ~ ! ) ~~ ~ ~ ~ ~ ~ 1 ~~~ ` ~ i, d I S ~ ii tl~ I ~, ~ ~ ` ~ 'i 4 ~~ I ~~~ 1b ~.r ~ ~ N ~~ ~~ . 3 -' t; # 1 .' ~ i. ~ ~~ f EEC l~- ! ~ ~ ~ ;{ d ~ ; y ~ i ~ f ~ (,~ ; ~ E ~~ ~ ~ s , h ~ ~ f ~~ i ~ .1 ~1 i ' ~' ~ s S g 4 ~ I ~I ~ i, p A ~ k C ? ~ I ~ i f E µ ~ '~ l f J ~ ~ t ~ F. ~ '. 1 ` 1~ $ ~ 1 i I F ~ i I. ~ I y [ y 1e 1 . ~ ` ~ f $ " ' ~ ~ ', 1i ~~ I , i ` ~s b f Vii: i '.. ~ ~ " ~ ~ i ~ _ :~ ~? i I~ ,. `! ~ i 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 orOwners/Developers, or by any successor or, successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. fl 2.1 In the event of a material breach of this Agreement, the parties agree that City and Owners/Developers shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure maybe 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 Owners/Developers or City is delayed for causes which aze beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similaz causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owners/Developers agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owners/Developers agrees that no Certificates of Occupancy will be issued until all improvements aze completed, unless the City and Developers/Owners 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 Owners/Developers agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de- DEVELOPMENT AGREEMENT (AZ 07-020) CHALET MARSEILLES PAGE 5 OF 9 '~ °~Il~i I 1t ~i,.. ~. ~~_ ~ ~ ~. P ~f{ i:~ 3 ~4~ _' ~. f z -: c F ' , J I: t `i ' ~< , t ~ V`. '~Y t ' fX i' ~ ~~. :.j; r FYI ~,` 3 ~ ~ ~3 i Y~. ~i ~. 1, annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three {3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: RC Meridian Partners, LLC 8142 S. State Street, Suite 106 Midvale, UT 84047 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. ~I 5" i f 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. 'T'IME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer ofthe Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing. herein shall in any way DEVELOPMENT AGREEMENT (AZ D7-020) CHALET MARSEILLES PAGE 6 OF 9 ,I r~~ } f ~.l ~ f, a ~ F' w ~ w ~ jit 3 ~ ~ ~~ i t ~ { $ ~ ~ ~ ~ ~ ~ } Y ,~ Et 5 ~ ;{ p . IIf F ~ ~ ~ s F prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request ofOwner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition andunderstandingsbetween 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 usesand/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. DEVELOPMENT AGREEMENT (AZ 07-020) CHALET MARSEILLES PAGE 7 OF 9 r ,~ j , ~ ~ ii ~~~ r } ~p i ~ ~ ~ r r i ~ ~ , ~ a~ ~ j ~ ,1 I ~ I ~ ~ . k ~ i, I f ~ ~ ~ +, i ~ ~ i f ~~r 't ~ i I I ,a: - ~ ;, ti ~ I ~ i r~,~ ~ j ~ ~ ~ f, ~- ~ r ~ ~ t (i E I `~ ~~ ~~ ; I `` l ci, I ~ F !` ~ ~` ~ ~~. ~ 2 '.~ '~ ~ I ~y T Ei SFj i ~ ~ !' 1 ~_ ~. ~ ~~ (g $ { I } 1 , I l ~ • ~ ~ ~ s 555 }, j i R ~ ~ ~~ ~ ~j ~ ~ ~ ~ ~~~ 3 ~ . t CI~ ~. ` k,, i< T ~ ~k !!! ~ a ~ ~4 ~ i t41 ~ ~~ ~t t ~ ~ L ~ y i f M~ i li ~ ~ I ~ ~ ,1 ~~ . ~ ~! 4 ' ~ ~ fi F ~ ~ ~ 3 f I ~' ~ ~ , b ~ ~ ~ ; ~ - (i( -' ~ ~ , t~ i ~ ~ ~ ~ I ~ ~ ~ ~ 3 ai a 'i s ~ ,_ ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS/DEVELOPERS RC MERIDIAN PARTNERS, LLC By: CITY OF MERIDIAN ATTEST: ~- JAYC~ L. HOLMAN, CITY By: YOR T de WEERD ``,,`~,~ N 111111 tp~~ J .~ ~. '~i ~ ~ ~' i~ i SEAL a d~' r tt~ • ~ ~.~~~``` ~Pub'TY ~ ~`• DEVELOPMENT AGREEMENT {AZ 07-020) CHALET MARSEILLES PAGE 8 OF 9 _ 1 ` ~ ~ ~ ~ ~ ~ t _s ~ ~ ~ tE ~f a ~ ) i ~ i~_ ~ ! y ' z f ~ ~ ~~ ~ ~ r ~ f ~ i .~ z C YJ ~.. i ~ t _ a ~ r ~' i _ F~~ i ~ I ~ } ~ 5 ~ }~ ' t R ~ Y '. ~ a ~ ~ ~~ 7 t ~ r~. ~ i ~ ~ ~ i i t ~ . s F1 ~: ~ ~ ~ }Si ~ c i E ~ .' ,f: q , ~ .~ y ~ , Y t ~ 4 _ .'~~ 14 t~ t 'L~ i~~' ~ ~~ -~ 4 a ~' ~ ;~€ ~ z~t3 I ! ~ ~ ; ~ ~ a f ~ ~ t ~ ~ tt ` y ¢ e , ~ 5 ~ t - ~f t ~ ~ ~ ~ 1 ~ i § t.Y~~ xr #yy ~ ~ ~ t ~. r S~ ~ ~ t ;' i ~ ` s~ ~ i ~ ~ `~ ' ~~ ~ ~ ' t ~ f ~ ~ ~ , , ~ ~ ~ 3 F;. ~~ t ~ `I` 2 E } 1 3 r ~~. •1' ~7r~ ~~~ ~~; ~ ~ C ~ _. ~~ ~ ~~ t ~ ~~ i3 STATE OF a~c.e-' ) ss County of ~- , ) On this 2g~`~ day of -YV~ 2008, before me, the undersigned, a Notary Public in and for aid State, personally appeazed ~ ..t~ovL_ 8c,r-- known or identified to me to be the of RC Meridian Partners, LLC and the person who signed the above and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz in this certificate first above written. ~:~ Wq9~ (SEAL) ~ ~g Tq,Q ~~ ~ ~.J ' ~' ~ Notary Public for • --e.- ' ,p Residing at: ~ ",~.~ a.0~s~ ~@ L1G My Commission Expires: to ,ri. ~ ~ , 7-o f STATE OF IDAHO ) ss County of Ada ) On this ~~ day of ~l.a.~. , 2008, before me, a Notary Public, personally appeazed Tammy de Weerd and Jaycee L. Holman., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate st above written. {SEAL) ~ ~@, ~p~ A~.~ ~ ; otary Public for Idaho • % ~; : Residing at: ~~ Commission expires: 1 ~~ ~~ • ; a• Sf ~'-----"'~~~ DEVELOPMENT AGREEMENT {AZ 07-020) CHALET MARSEILLES PAGE 9 OF 9 ~~: ,i ~ tt I ~ ~ ' t i F ~~ ~ ~ ~ i S ~ ' i S ~ ~ ~ '~ ~ I i ~ ~ ~ A I k ~ ~~ I~ a ~ ~ < 1 `, ~ i~ 3 ~ ~ ... 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Y. et setd 3~,. •NQhtlt :8g'4TQ9" 1Q/$6t, 662: te8t; 9+s 37,1igr.Sh ~` ~5' 625,~of the Sronth2aist 14 g# EY1A S~'~ 4t t~ Soe~WeasCi4 of tlremee ~'as4h a9'~¢'~6+' Vi-~, 86e.77 feet m the ~7 bmmdarl-ai gse~uthe8gt S4 dif tlse 54~e~t ~.. of Sectlan 31; teenea Ato~tS.sAldbopndary l~tth e1G'37'AA~t.+s~, >~,.o2.feeaeo ~SaY~Yaf r ~S tlytU~e ay, scsutN S'1'~~fi' fit, ti69.i~JeQt catKe wty ~ oY ~ ~ YG ate 14 oT the•.S~e~t Ya~bt'61on 89.; tlo teBA rXa $outj+.gp'34+05' H1eix, x.7'6 teed tiiis~rly6r'S68th $9'645'' ~ X1.6&fe@j Yo tlse ~iettlFN vt ttie Sit Y. 4f the •Sot(th¢asT Itr.bf S~tpr1.81; th~q~ ate said tqundery, .Sam ~' , 739 67 tp@t bd t1e3 BOp~ iif BEGINb1IN.G. 8~n'eaU+1p~2'1.81A Acres, make dr•ldsL. LAID OF t>I~.CRi.PTJOPI J-ll ~, InC. ~rs8'id•M.~tod8e, B.L.S. S~ f f ff10T ~-" . i.~Ctatw+~ttre~.~.„anrA~+s.~oa S i ~gg f i 4 r ~~ ~ f ~ ~ 2 `~ ~ ~~ ,! ~; ~; ,~ f ~ { 1 ~ j } a ' 2• ~ ~ , i t 1 j ! {S ~ T (iii , ~ ~ k ~ ~~ ~ ~ ~~oF~~ E~ FINDINGS OF FACT, CONCLUSIONS I D AH p OF LAR+ AND DECISION & ORDER In the Matter of Request for Annexation and Zoning of 21.81 cres from Ada County RUT to R-15 (Medium Density Resldentlal); Preliminary Plat with Residendal Building Lots and 1 Common Lot in a proposed R is zoning district; Condl onal Use Permit for 120 multi family dwelling units in a proposed R 15 zoning district Private Street approval within the proposed mu•Iti-family development; Alternative C mpliance for an alternative design from the private street standards for Chalet Marseill by RC Meridian Partners, LLC. Case No(s). AZ-07-020, PP-07-0Z7, CUP-07.023, PS-07-008 an ALT-07-020 For the City Council Hearing Date of: March 18, 2008 (Rin on the April 1, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing da~e of March i 8, 2008 incorporated by :reference) 2. Process Facts (see attached Staff Report for the hearing da a of March 1$, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report or the hearing date of March 18, 2008 incorporat•~ by reference) 4. Required Findings per the Unified Development Code (s attached Staff Report for the hearing date of March 18, 2008 incorporated by reference) B. Conclusions of L,aw 1. The City of Meridian shall exercise the powers conferred • nit by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, I o Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Uni ed Development Code codified at Title 11 Meridian City Code, and all curtest zo ' g reaps thereof. The City of Meridian has, by ordinance, established the Impact Area d the Amended Comprehensive Plan of the City of Meridian,.which was a opted August 6, 2002, Resol~ltion No. 02-3$2 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECIS~ON & ORDER CASE NO(S). AZ-07-U20, PP-07-027, CUP-07-fl23, PS-07-~8 &ALT-07-020 -1- ~ ~ ! i ~' I t i ~ ~ £i ' ' ~ i Sri i t ~ r I: k r ` tt F r ~ ~ ~ Y ~ ~~l ..j ~ ~ I, f ~; ~• ~ }L ~S ~ '~ ~ l T ~ g, ~~ ~ I ~ ~ ~ ,j i ! d I I I ;~ ~i I F 7 ~ ~ '~ '~ ~ ~i i , ~; ~~^1 ~ t f ~ i , ~ t ~ ~ ( y ~~ ~ n I1 ~ 1 ~ ~ ~~ €'~ i s ~ ~ ~ ~ . ~ Q ~ ~ ~ '~ <.7 .~ 1 ~' 5 ~ -i, ~ ~ . ~ . . 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment{s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attachedi 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, Prelitr-unary Plat, Site Plan and the Conditions of Approval all in the attached Staff Report for the hearing date of March 18, 2008 incorporated by reference. The conditions .are concluded to be reasonable and the applicant shall meet such r~uirements as a condition of approval of the application. C. Decision and ®rder 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 03/05/2008 is hereby conditionally approved; 2. The Applicant's Annexation request, as evidenced by having submitted the legal description and exhibit map, stamped and dated 09/04/07, by Ronald M. Hodge, PLS, is hereby conditionally approved; 3. Development Agreement is required with approval of the subject Annexation application and shall include the provisions noted in the attached Staff Report for the hearing date of March 18, 2008, incorporated by reference; 4. The applicant's Site .Plan as evidences by having submitted the Site Plan dated March 5, 2008 is hereby conditionally approved; 5. The site specific and standard conditions of approval are as shown in the attached. Staff Report for the hearing date of March 18, 2008 incor~rated by reference. D. l~otice of Applicable Time Limits Notice of Preliminary Plat Duration CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAw AND DECISION & ORDER CASE NO(S). AZ-07-020, PP-07-027, CUP-07-023, PS-07-008 &ALT-07.020 -2- ,~ I ~~ fE t f ~ i 1 i ~(~ j ~. i t~.~2.. i i~ I ~ s P.F. ~ i i ~ ~i ~ ~~~. ;.~ Y 1 F ~ ~i ~ ~ r ~~ I i J ~;~ ~ }3 1 f, ~' '~ € t~ -i~ t §~§ I~ ~S ~ fi: t~ '' ' ~' ~" ~~~i ~ ~ ~'~ ~ ~ ~ ~ ~ s t 4 ~ ` a {, s ~ ~ t ~. ~ ~ ;. -a ~ ~ r. 4 r v ' i F a ~ ~ ' 3 ~ , ~ -.1 ~ ~;~ ! 1 CCC666 ~ ~ (' g ' ~tl... ~ '~~ ` Q F ~ {{ 8 } ~ ~ -l . i; + ~ : I ? ~ 5 , ~. ~ ~ ~ u ~~ i S i ~ 4 ~ ~ ~ ~ i , t ~ r ~,' ~ ~! I ~3 i. i (.. ~ ~. ~ } ,p 1 i~ ~ i ,~ 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, maybe considered for final approval without resubmission for prelirrrinary 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 oftirne to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. l~Iotice of Eighteen (I8) Month Conditional Use Permit Duration Please take notice that the conditional use perrrrit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this tune, the applicant shall commence the use as pemutted i~n accord with the conditions of approval, satisfj+ 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) yeaz from the original date of approval. If the successive phases are not submitted within the one (l) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Duector rtray authorize a single extension of the tune to connaence the use not to exceed one (1) eighteen (18) month period. Additior>a'l time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-80Q3, 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 wfth the City Clerk not more thaw 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. CITY OF MER DIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DEC[SiON & ORDER CASE NO(S). AZ-03-020, PP-07-027, CUP-07-023, PS-07-008 &ALT-07-020 -3- 2. Please take nofice that this is a final action of the goventing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may withintwenty-eight {28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ' F. Attached: Staff Report for the hearing date of March 18, 200 By action of the City Council at its regular meeting held on the ~ day of 2008. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER ICEITH BDtD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: 3aycee flohnan, City Clerk Copy served upon Applicant, The Attorney. ,~;~,~ .~ ~'o $I~AL ~ ~~ ~,Q~ tan • ``: ~~., qtr(. ...~. VOTED VOTED VOTED VOTED VOTED Weerd Public Works Department and City B Dated: - -0~ Ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION 8c ORDER CASE NO(S). AZ-07-U2Q, PP-07-027, CUP-07-U23, PS-07-008 &ALT-07-020 -4- 1 : ; ~ ~, ~ ~ ~ ~. ; -.! ~ ~ ~ c yy s i ~ ;i iS { r 1 , i f ! 3 is t ~ ~ * ! E ~. ~ i ~ t ~ ~ y i~ e. ~ ~ ~ ~ f .; ._ ~ ~' , ~ +i f t ~~ ~.- ; d ' y f I- n ? ~ ~ i I~ i~ j . y } s ! ~ ~ ~ ~, 4 , ~ ',. I, ! F ~ ~ i . • CITY OF MERIDIAN PLAN•NflVG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 20U8 STAFF REPORT Hearing Date: March 18, 2008 TO: Mayor and City Council ~~~1 FROM: 13111 Parsons, Associate City Planner ~ ~ ~ A H Oi 208-884-5533 SUBJECT: Cbalet Marseilles • AZ-07-020 -Request for Annexation and Zoning of 21.81 acres from Ada County RUT to R-15 (Medium Density Residential), by RC Meridian Partners, LLC. • PP-07-027 -Request for a Preliminary Plat with 3 Residential Building Lots and 1 Common Lot in a proposed R 15 zoning district, by RC Meridian Partners, LLC. • CUP-07-023 -Conditional Use Permit for ~ 120 multi-family dwelling units in a proposed R-15 zoning district, by RC Meridian Partners, LLC. • PS-07-008 -Private Street approval within the proposed Chalet Marseilles multi-family development, by RC Meridian Partners, LLC. • ALT-07-020 -Alternative Compliance for an alternative design from the private street standards, RC Meridian Pertness, LLC. 1. SUA'IlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, RC Meridian Partners, LLC, has applied for Annexation and Zoning (AZ) of 21.8 acres from RUT (Ada County) to R-15 (Medium-high Density Residential). Concurrently, the applicant has submitted for Preliminary Plat (PP) approval of 3 residential lots and one common lot; Conditional Use Permit (CUP) approval to construct amulti-family development consisting of 122 condominium units and a club house; a private street (PS} application for eight private streets within the proposed• development and alternative compliance (ALT) to allow the construction of a 36-foot street section to accommodate 8-foot parking aisles along one side. The applicant is proposing to develop the site as an active adult community totaling 122 condominium units with units ranging in size from 1,200 to 1,900 square feet. There is a 5,240 square foot club house also proposed for this site. The proposed dwelling types include 2 individual detached buildings, 14 dual unit buildings and 23 quad-buildings for a total of 39 buildings on the site excluding the club house. The applicant is proposing two building footprints/floor plans for the buildings on the subject site; one is a large floor plan, of which 66 of the 122 total units are a part, and the other is a small floor plan which totals 56 units. Access to the site will be via N. Locust Grove and Iel. Heritage Avenue with the applicant proposing eight private streets and three public streets that will provide access and circulation within the proposed development. The subject site is located at the northwest corner of E. Ustick Road and N. Locust Grove in Section 31, T4N, R1E. The site is ctiuiently designated Medium Density Residential on the City's Comprehensive Plan Land Use Map. This site is within the City's Area of Impact and is contiguous to the curretn City limits. 2. SUIVIlVIARY RECp1VI1VIENDATION The subject applications (AZ, PP, CUP, PS, & ALT) were submitted to the Planning Department for concurrent revieva. By City Ordinance, the Planning & Zoning Commission makes a t^ecommendation to the City Council on the AZ, PP and CUP applications and the PS and ALT applications are reviewed at the Staff level. Below, Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation, Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 1 -; b NI'liii I III II ., „. #~~ ~1 i~t , ,., ; ~' ; ~ ; z:- ~f ;, ~' ~:. ~ ~ ~ti~ . ~` ! '4 i • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2U08 Preliminary Plat, Conditional Use Permit, Private Street, and Alternative Compliance applications. Staff is recommending the applicant submit a revised site plan for the proposed Chalet Marseille Development (AZ-07-020, PP~07-027, CUP-p7-023, PS-07-008, 8t ALT-07-020j reflecting StatTs reeommendadons provided in the analysis section below. If the Commission finds diet the revised plan is acceptable and wishes to forward on a recommendation of approval to the ConncII, staff has incinded conditions listed in Exhibit B of the Staff Report. The Meridian Planning & Zoning Commission heard these items os approval of the subiect AZ. FP and Cite request. a. Summary of Conuniasion ublic Hearing: i. In favor: Darren Fluke (applicant's representative) li. In OpDOSition: None iii. Com~entiing: Tim Krapa. Jeff Larsen iv. Written testimony: John Whitson v. Staff presenting applicatiion: Bill Parsons vi. Other staff commenting on application: Caleb Hood b. Kev Issge[s) of Discussion by Commission:. ~, The .proposed perimeter ~ilock wall. gi The shared driveways and the width of the parking pads and driveways in front of the units. ~,1 Road improvements at the intersection of Locust Grove and Ustick Roads. jay `~'~~ °~~licant should work with the LDS church regardfng the location of the decor dye wall on the church's property and a futpre access point to E. Monet Street. ~ The 8-foot spite strip that does not allow the extension and connection of N. Heritage View Ave. with N Yellow Peak Ave. at the northers property boundary of Waada's Meadow Subdivision at this time. ~ Kev Commission Change(s) to Staffff Re~Qpsmendadon: ~, Commission did not require a site directory or site map for the site: condition 1.4.17 reflects this chance. p~l, Strike through the provision requiring the 5 feet of landscaping adiacent to the shared driveway in condition 1.2.4. i~ The applicant bas revised.preliminarv plat, the site plan and the landscaping plan to reflect Staffs and Commission's recommendations: all have been inserted in the Exhibit Strike through a portion of condition 1.41 discassing the drive aisle and parking pad requirements far the site. Added as proposed on the revised .site plan. y Modified condition 1416 requiring the applicant to provide at least 60-feet between +-arage faces as proposed in the revised site plan. y~ Add two new condidons• 1) work with staff and the LDS Church for fgture connectivity to E Monet Street (Condition iZ 12) and 2) work with the church d Outstanding IssueEs) for City Council: i. Review of the revised prelimfnarv plat. site plan and landsrepe plans. ii. Block waII(s) on the perimeter in refadon to cbprcb property. The ~~e~a„isn cII herd these ite Gity ~ nnR ms en March 18 ti008 At the nbLic he^_rinu the Council ~nroyed the s ~ nhiect A7 PP_ Ci_iP_ PS an d Ai.T regnest_ ~ Sum mary of City Co nc Publ ic Res nu: In favor Darre n Flake (Ann i ms's ltenres~ntative). L•var Camnhell ~ ,moo, flnesiHon• N one Co men n nn A etc i e~n_ rdell Saker (ne~al nartyl_ Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 2 i ~ - CITY OF MERIDIAAI PLANNRrtO L)EPARTM~EWT STAFF REPORT FOit TItE HfiARING DATE OF MARCH l8, 2008 ~ Nritte testimony: nn Hntc inson and. Wende 1 MrNn It, Staff nreseni3na son ication: nna Cannier ~Ll.]FBhabit B. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-07-020, PP-07-027 and CUP-07-023 (PS and ALT optional) as presented in staff report for the hearing date of March 18, 2008 with the following modifications: (Add any proposed modifications.) Dental After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-0?-020, PP-07-027 and CUP-07-023 (PS and ALT optional) as presented during the hearing on March 18, 2008, for the following reasons: (you should state specific reasons for denial of the annexation and plat and you must state specific reasons for denial of the conditional use permit and what the applicant could do to gain your approval in the future.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-07- 020, PP-07-027 and CUP-07-023 to the hearing date of (insect 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: NWC of E. Ustick Road and N. Locust Grove Road Section 31, T4N, R1E b. Owners: RC Meridian Partners, LLC 8142 S. State Street, Suite 106 Midvale, Utah 84047 c. Applicant: same as above d. Representative: Daren Fluke, J-U-B Engineers 250 S. Beachwood Ave, Suite 201 Boise, ID 83709 e. Present Zoning District: RUT (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential Chalet Marseilles AZ, PP, CUP, PS & ALT PAC3E 3 ff i S T ~ S ~ F ~ ~ ~ E i ~ ' ,~ ~ z w ~) ~ ~ ~ : ~ s t ~ i ~ t ~1 C (~~ ;; # ~ r r f f i ~= F S i 1 j, 1 ~~ E jt ~S ~i ~' ~ ~,k t ~~,; ~ ~ f '; ! S ~' t The private street sections for he sit - Presanrised i_rri anon to h site snd m intaining the rriaation rea ' Iy~„ Tree miHQation for ttie site. ~ The eotech report of the site r ring the wet area in the northwest corner ~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008 g. Description of Applicant`s Request: The applicant has applied for annexation and preliminary plat approval of 41ots on Z 1.8 acres in a proposed R I S zoning d"IStrilct. Also for concurrent review, the applicant is requesting Conditional Use Permit (CUP) approval to construct amulti-family development consisting of 122 units and a club house. The applicant is also requesting approval to construct a private streets with one side designated for a parking lane and the other with S-foot attached sidewalks and alternative compliance from the private street standards to allow an 8-foot parking lane on the proposod private streets. 1. Date of site plan (attached in Exhibit A): 12-14-2007 2. Date of landscape plan (attached in Exhibit A): 12-14200? 3. Date of elevations (attached in Exhibit A): 7-10-2007 4. Date of preliminary plat (attached in Exhibit A): 12-14-07 h. Applicant's StatementJJustification: The applicant is requesting Annexation and Zoning approval from the existing RUT zoning to R-15 zoning; preliminary plat approval of three residential lots and one common lot and conditional use approval to develop a 122 condominium unit active adult community. Each unit will be individually owned and mirintenance will be the responsibility of the Home Owner's Association. The applicant is also submitted a private street application and requested alternative compliance to allow private streets for the proposed multi-family development and allow a deviation from the private street design standards. The private streets exceed the minimum requirements and act as an enhancement to the project. Primary access to the development is from N. Locust Grove Road. Most of the buildings proposed for the site will be single story units with optional lofts. The proposed land use and architectural style of the condo units will enhance and compliment the existing residential developments. All buildings will fneet the multi-family development setback requirements. The club house for the site will provide amenities such as an exercise facility, theater, community kitchen, and swimming pook. Additional amenities include walking paths, water feature, community rose garden, tennis courts, putting greens and pavilion equipped with tables and barbeques. The intent of this project is to incorporate a high quality project that will be an asset to the City. (See Applicant's Submittal Letter for more.) 5. PROCESS FACT5 a. The subject application will in fact constitute an Annexation as determined by City Ordinance. By reason of the provisions of the Unified Development Code, Title 11 Chapter S, a public hearing is required before the Planning & Zoning Commission and 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 Unified Development Code, Title 11, Chapter S, a public hearing is required before the Planning & Zoning CommissioA and the City Council on this matter. c. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter S, a public hearing is required before the Planning and Zoning Commission and the City Council on this matter. d. 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 S, a public hearing is not required on this matter. e. The subject application will in fact constitute an Alternative Compliance review as determined by City Ordinance. By reasons of the provisions of the Unified Development Code, Title 11, Chalet Marseilles AZ, PP, Ct1P, PS & ALT PAGE 4 • • CITY OF MERIDIAN PLAiNN~MG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008 Chapter 5, a public hearing is not required on this matter. f. Newspaper notifications published on: December 31, 2049 and January 14, 2~8 (Planning and Zoning Commission); Februa_*v 25 2008 and March 10.2008 (City Council) g. Radius notices mailed to properties within 300 feet on: D~ernber 21, 2007 (Planning and Zoning Commission); February 22.2008 (Gifu Conncill h. Applicant posted notice on site by: January 7, 2008 (Planning and Zoning Commission); March 8.2008 (City Coun D 6. LAND USE a. Existing Land Use(s): There is an existing home and associated outbuildings located on the site. These structuires should be removed prior to the City's Engineer signature on the final plat. b. Description of Character of Suaounding Area: The area surrounding the proposed development is primarily singl$-faanily residential. c. Adjacent Land Use and Zoning: 1. North: LDS Church and Single-family homes, Quenzer Commons No.S and No. 6; zoned RUT(Ada County) and R-8 2. West: Whitson Parcel, zonal RUT in Ada County; Single-family homes, Wanda's Meadows, zoned R-4 3. South: Single-family lomes, Howell Tract Subdivision; zones R 8 4. East: Single-family homes, Sumrnerfield Subdivision; zoned R-4 d. History of 1?revious Actions: None. • e. Existing Constraints and Op~rtunities: 1. Public Works Location of sewer. N Locust Grove Rd, N Yellow Peak Ave, N Heritage Ave. Location of water: N Locust Grove Rd, N Yellow Peak Ave, N Heritage Ave. Issues or concerns: Pressure zone conflict PRV will need to be installed by the developer at the N Heritage Ave water connection. 2. Vegetation: There are some existing trees on the subject properties that should either be preserved or mitigated for. 3. Floodplain: NIA 4. Canals/Ditches/Irrigation: There are irrigation ditches on the subject property which are proposed for tiling. 5. I~azards: Staff is not aware of any hazards associated with this property. 6. Size of Property: 21.8 acres 7. Gross Density: 5.8 units per acre f. Landscaping (see Analysis below for more details): 1. Width of street buffer(s): A twenty-five foot wide landscape buffer is requires on N. Locust Grove Road and E. Ustick Road.l3~oth roadways are designated arterial roadways. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open apace: The applicant states that 13.11 % (2.86 acres) of the site is being set aside for common open space. 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with ChaleR Marseilles AZ, PP, CI1P, PS & ALT PAGE S ~ ~ ~~ .. s ~ I ~) ~ }~~ 1 E_ fp j r. ~ ( f f ~:. $ ~ , z .i i. ;, tj . 1 I ' ~ ~ ~ 41 ~ € I # . t S1 S t ~ 4. ~Z . ~ ~ {{ ~~ ~C3 ~ 1 ~ • r ,~ ~ i f ~ , 1 ~t~ j k ~ ~ ~'i ~. ~~~ gg F ~ ` ~t {~:1 r+~ ~ i ~~ i d ,~ ~~ ~ ~I} ', I "~ p{ }} }M ~ i ~3~' ' ~ ~~ ~ ~ ~ ~~ i ~ ~ F ii ~ { ~' tl~ ~' _ , ~ A ' SSS ~ fi } I E ~ l s. S i s i ~ ~~ ~ ~~ ~ S i ~ ~ ~ ~ k ~ ,i t : f 1 ~ qq ' I ~ I ~ ~ f ~ ~ '~~ ~ ~ ~ ~ ~ ~ .~ i !f I, • CITY OF MERIDIAN PLANN3iYG DEPARTMENT STAFF REPORT FOR THE HEARIidG DATE OF MARCH 18, 2008 UDC 11-3B-12. g. Amenities: For multi-family developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the development (LJDC 11-4-3.27D~-2d). There are 122 units proposed in this development. As a reference formulti-family developm~ts with 75 units or more, 4 amenities are required, with at least one from each category (Quality of Life, Open Space, and Ration). The club house portion of the development will provide amenities as follows: 5,240 square-feet with exercise facilities, stadium seatiag theater, a community kitchen, swimming pool and water feature. Other amenities on site include, walking path throughout the development, open grassy areas with sitting areas, a putting green, a tennis court, a community rose garden, plaza area and a pavilion with tables and barbeques. See Analysis below for more information regarding amenities. h Off-Street parking: UDC 11-3C-6 requires multi-family dwe}}ings with more than l bedroom to have 2 parking spaces per dwelling unit in a covered carport or garage. The applicant is proposing 2- car garages for each dwelling unit. However, the applicant has stated that the multi-fami}y units are proposed to be platted as condomituums in the future. If the multi-family units are platted for condominiums (which the city would then classify the units as single-family}, the applicant would be responsible for providing a 20' X 20= pad in front of the garages of the units. The Applicant is currently showing some visitor parking on the multi-family/condo sites. Staff is not supportive of the shared drive ales and parking pads for the units located along the perimeter of the project. Staff believes that the parking pads in front of the garages should either be 20' x 20'with a 25' wide drive aisle/back up area, for a total or 65-feet in length to socommodate vehicular maneuverability OR the garages should be pulled closer together to be 5' in length or less to the drive aisle. ff the pads are constructed as proposed (50' between garages) in front of some of the garages then cars will be tempted to park in front of the garages, thus blocking the drive aisles and not providing adequate back up area. See below for further analysis. i. Conditional Use Information: 1. Non-residential square footage: 5,240 square feet (Conununity Clubhouse) 2. Proposed building height: approximately 30 feet 3. Percentage of site devoted to building coverage: ZS% 4. Percentage of site devoted to landscaping: 29% 5. Percentage of site devoted to paving: 46% 6. Percentage of site devoted to other uses: 13.11 % useable common open space 7. Number of residential units: 122 Required Dimensional Standards: The applicant isproposing amulti-family development within an R-15 zoning district. Typically the UDC requires a minimum 10-foot setback to the perimeter unless a greater setback is required by the UDC. In this case, the rear setback for the R 15 zoning district is greater than the 10.foot requirement (12-feet). The minimum interior setbacks between buildings should be 10 feet. k. Summary of Proposed Struts and/or Access (private, public, common drive, etc.): The applicant is proposing eight private streets and three public streets that will provide atxess and circulation within the proposed development. Primary access tp the site is proposed from N. Locust Grove to/from E. Monet Street. feritage View Avenue will be extended from the north to provide access and connectivity to the existing residential subdivision (Quenzer Commons No. 6). Heritage Avenue and N. Chardin Avenue, both public roadways, will stub to the southwest for future connectivity to Chalet Marseilles AZ, PP, Cl1P, PS & ALT PAGE 6 • CITY OF MERIDIAN PLAN=NCNG DEPARTMENT STAFF REPORT FOR TH'E HEARING DATE OF MARCH I8, 2008 adjacent properties. The applicant should also provide a public turnaround easement where N. Chardin Avenue and E. Verret Lane intersect. 7. AGENCY COMMENTS Ii~ETING On December 28, 20Q?, staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Departmeat, Parks Department and Public Works Department. Staff has included all comments and recommended actions as Conditions of Approval in Exhibit B. $. COMPREHENSIVE PLAN POLICIES AND GOALS 't'his property is designated "Medium Density Residential" on the Comprehensive Plan Fmture Land Use Map. Medium density residential areas are anticipated to contain three to eight dwelling units per acre (see Page 99 of the Comprehensive Plan). The proposed project includes 122 units on 21.8 acres for a gross density of 5.59 dwelling units/acre. The proposed density lies within the anticipated density of the Comprehensive Plan for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed deveiopment (staff analysis in italics below policy): • 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 Righway District (ACRD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service wilt 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 lands currentl}+ lie within the jurisdiction the Meridian Police Department (MPD). This service will not change. • 7'he subject site can be serviced by the City of Meridian's sanitary sewer and water system. Municipal jee supported, services will be provided by the Meridian Building Deparment, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Pdanning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal N, Objective C, Action 1: Protect existing residential properties from incompatible land >9se development on adjacent parcels. Both -the Comprehensive Plan and the Zoning Map enviston fire 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 N, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, bernc~, etc.). The applicant is required to install and maintain a 2S foot landscape bufjer adjacent to both M Locust Grove Road and E. Ustick Road. Within the required buffer the applicant is proposing a Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 7 s ! F~± ~~iilsll4 ~~' illk§39' ! I ICI !f z l i { i ! E', EIIN k~ Ill I IiI 61 3 ~; ,f ,a it ~ ~ ~~~ ~ ~~ ~ ~ ,= . g= ~~ ~ i. .7, ...' z e~? ;a ~ a ~ Y } ~~ a ~ i k E s` ~ 4, 4 { 3 s i f Y e '; ~ ~ ` ~ ei c i' ~ i i ~, ~ ij ~~ ~ ~ 5 c ~ f ~,~ ~ ~; ~ ~ >I , ~ e z ~ l4~ ~ ~~ , CITY OF MERIDIAN PLAI~VING DEPARTMENT STAFF REPORT FOR THE HEARINO DATE OF MARCH 16, 2U08 berm. • Chapter VI, Goal II, Objective A, Action 3: Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and. Walking 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 acrd convenient Sta,B'' believes that the subject applications generally comply with the applicable 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 adjacent residential projects to the southwest acrd north have provided opporduriities for the subject site to provide vehicular connectivity. The applicant is proposing to extend the existing public streets to make connections jor vehicular and pedestrian connectivity. Further, the applicant is proposing to construct anorth-south public street, Chardin Avenue, along the west property line so that that vacant parcel can e, fJQciently develop and connect to the subject site in the future. Staff is generally supportdve of the vehicular connectivity proposed. • 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 adjacent Quenzer Commons project to the north has provided an opportunity jor a pedestrian connection to this prgperly. The applicant is providing pedestrian connectivity Internally as weU as to the Quemer Commons Subdivision No. 6 to the north. The applicant Is also provided future pedestrian connectivity to the parcel west and south of the site. • Chapter VII, Goal N, Objective C, Action 6: Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. 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 agricultrual and other properties. Prior to construction of any buildings, temporary fencing should be constructed around the perimeter of this site. Staff recommends that the Commission and Council rely on any verbal or written tesdmorry that may be provided at the public hearing when determining if the applicant's development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Use Control: Unified Development Code (UDC)11-2A-2 lists multi-family developments as a conditional use in the R-15 zoning district. Specific Use Standards (LTDC 11-4-3 2'n apply to multi-family developments; please see Section 10, Analysis below for more information. Chalet Marseilles AZ, PP, CUP, PS & ALT PAG)r 8 a ~ ~ v~l I Q t ~ f t ~ I ~ ~ ~, ~ ~ ~~ {,, ~ ~t `~ I ~ft I f ~ ~ ?~ ( i I t I i ~ -~ ~~ ' 1' + ~ l .f ~ i ~ ~ ~ p .. ~Y (1~ I I ~ ~. 'f ~ ~ # r 1~ ~ i~ , I F * I ~ I.. , ~.e r ~j ~ I~ i ~ I ~ i I 1 ~ l c). ~`j ~ I r ~~ f ~ ~i , , {~ ~ . ~ ' i ~~~ ~ ., -~ ~ 1 ~ y. T ,~ I~. {~ t€~ ~ 4 ~ A ~ ~.~ M is ~ F I } ~ f+ r u~ . . 1 CITY OF MERIDIAN PLATVNING DEPARTMENT STAFF REPORT FOR TH•E HEARING DATE OF MARCH 18, 2008 b. Purpose Statement of the Residential Districts: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for alk 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. Multifamily Development (UDC 11-4-327): The following standards shall apply for the multifamily units, including standards for Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Site design (i]DC 11-4-3.27B): The building shall provide a minimum setback of ten feet unless a greater setback is otherwise required by this title. Building setbacks shall take into account windows, entrances, porches and patios and how they impact adjacent properties. All site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from the public street. A minimum of $0 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count towazd this requirement. For the purposes of this Section, vehicular circnkation azeas, parking areas and private useable open space shall not be considered common open space. The parking shall meet the requirements set forth in Chapter 3 of this Title. Developments with 20 units or more shall provide the following: a property management office, a maintenance storage area, a central mailbox location, a directory and map of the development at an entrance or convenient location for those entering the development. Common open space design requirements (iJDC 11-4-3.Z7C): A minimum area of outdoor conunon open space shall be provided as follows: a)1 SO square feet for each unit containing 500 or less square feet of 1•iving area; b) 250 square feet for each unit containing more than 500 squaze feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Common open space azeas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. Site development amenities (UDC i1-4-3.27D): All multifamily developments shad provide for quality of life, open space and recreation amenities to met the particular needs of the residents as follows: a) Quality of Life (clubhouse, fitness facility, enclosed bike storage, and public are such as a statue); b) Open Space (open grassy azea of at least 50 by 100 feet in size, community garden, ponds or water features, and plazas); and c) Recreation (pool, walking trails, children's play structures, and sports courts). The number of amenities shall depend on the size of the multifamily development as follows: For multifamily developments with 75 units or more, 4 amenities shall be provided, with at least 1 from each category. For multifamily developments with more than 100 units, the decision-making body shall require additional amenities commensurate to the size of the proposed developrrtent. Architectural Character (UDC 11-4-3.271: CNaiet Marseilles AZ, PP, CIIP, PS & ALT PAGE 9 i • CITY OF MERIDIAN PLAN~IMG DEPARTMENT STAFF REPORT FOR THE HEARRVG DATE OF MARCH 18, 2008 All building elevations shall have a minimum portion of the elevation devoted to architectural features designed to provide articulation and variety. These features shall include, but are not limited to windows, bays and offsetting walls that extend at least two feet; recessed entrances; and changes in material types. Changes in material types shall have a minimum dunension of two feet and minimum area of 25 square feet. Main entrances, which are the primary point(s) of entry where the majority of building users will enter and leave, shall be designed as an obvious entrance and focal point of the building through architectural treatment, lighting, and address identification. Entrances shall be. adequately covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. Roof forms shall be distinctive and include variety and detail when viewed from the street. Sloped roofs shall have a significant pitch. Flat roofs should include distinctive cornice treatments. Exterior building materials and finishes shall convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and the are encouraged. Windows are required to allow views to exterior activity areas or vistas. Windows shall be provided on any building facing any common area used for children's recreation. All roof and wall-mounted rn~hanicai, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. Landscaping (UDC 11-4-3.2'x: Development shall meet the minimum landscaping requirements in accord with Chapter 3 of this Title. All street-facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: The landscaped area shall be at least three feet wide; for every three l"meal feet of foundation, an evergreen shrub having a minimum mature height of twenty- four inches shall be planted; and g~ndcover plants shall be planted in the reminder of the landscaped area Maintenance and Ownership (iTDC i1-43.Z7G): All multifamily developments shall 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, and other development features. Outdoor storageErefuse areas (UDC 113A IZ): Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be inwrporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. iQ. ANALYSIS a. Analysis of Facts beading to Staff Recommendation: Chalet Marseilles AZ, PP, C[JP, PS & ALT PAGE 1D z f' ~~ ;~ ~ i ~ ~~ }~ ~~ t ~ ~~ ~ 'I~ ~~' r ~ i ~ '1 ~ ~~j ;I. 1~ ~ ~ ` 11)~ SS I { ~ ~ ;,k'. f 1 N A 1 F , s ~, ~' T ~ f ~~~ r iEr 1 '~, ~ 1• I i; i ;~ CITY OF MERIDIP~N PLANdd~MG DEPARTMENT STAFF REPORT FOR THE HBARFNG DATE OF MARCH 18, 2088 AZ Application: The applicant is proposing an R-15 zoning designation, which is generally consistent with the Medium Density Residential Map designation for this site. Approval of the subject annexation and zoning request would allow the Applicant to obtain a Medium High Zoning Designation for the subject property. According to UDC 11-2A-2 amulti-family development is a conditional use in an R 15 zoning district. For concurrent review, the applicant has subnutted a preliminary plat, a conceptual development plan and building elevations showing how this site may develop as an active adult community totaling 122 condominium units. Based on the policies and goals contained in the Comprehensive Plan and the proposed Fntare Land Use Map designation of Medium Density Residential for this groperty, Staff believes that the requested R-1S zoning district is appropriate for this property. Please see Bxhibit D for a detailed analysis of the required facts anti findings for an annexation. The annexation and zoning legal description prepared by Ronald M. Hodge, PLS, dated September 4, 2007 and submitted with the application, is accurate and mats the requirements of the City of Meridian and State Tax Commission. Development Agreement (DA)s UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council with the authority to require a property owner to enter into a DA with the City of Meridian that may require some written commitment for all future uses. The applicant has provided s~ff with a CUP for amulti-family development on this site. Becsnse the UDC has an extensive list of mnld- family standards (listed in section 9 above) of which Staff will hold the applicant strict conformance to; Staff believes that a IIA is not necessary in this inshnte. If the Commission or Council believe that a DA is necxssary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties, Staff recommends a clear outline of the commitments of the developer be made. PP Application: Rased on the policies and goals contained in the Comprehensive Plaa and the general compliance of the proposal with the Unified Development Code, Staff believes that this is a good location for the proposed multi-family development. Please see below and Bxhibil D for d~~ analysis and facts and fintbngs for a preliminary plat. Dimensional Requirements of the R 15 zone per UDC Table ii-2A-7: The applicant is proposing thra residential lots and one common lot within an R-15 zoning district. The UDC requires a minimum lot size of 2,400 square feet. The proposed lots comply with the R-1 S zoning district dimensional standards. Landscaping: Locust Grove Road and Ustick Road are designated as arterial roadways. A 25-foot wide landscape buffer is required adjacent to arEerials (UDC Table 11-2B-3). The submitted landscape shows a 25-foot bermed landscape buffer along both roadways and complies with the UDC. The UDC requires a 10-foot wide landscape buffer along locaUcommercial streets; however, this standard does not apply to residential developments. On the submitted landscape the applicant has indicated the main public streets (N. Heritage View Avenue and E. Monet Street) within the development will be lined with tress and sod. Staff is supportive of this proposal as it adds to the attractiveness of the project. The applicant is also proposing to construct an internal pathway system for recxea6anal use. The submitted landscape plans do not show the tress and groundcover required by UDC 11-3B-12. Pathways should also be constructed in accordance with 'UDC 11-3A 8. Staff believes the applitsnt should provide a revised copy of the landscape plan demonstratbig compliance with the UDC 113B-i2 and the other landscape requirements menfloned herein. Ten copies should be made available to Staff prior to the City ConnaU hearing. Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE l 1 i CITY OF MERIDIAN PLATFNMG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH l8, 2008 UDC 11-3B-8C requires a minimum of 5 foot perimeter landscape buffer along lot lines that are adjacent to the shared driveways. Said buffers shall be improved with trees and groundcover. The subtrlitted landscape plan shows a shared driveway south of N. Chardin Avenue that does not provide the required 5 feet of landscaping. The applicant should provide a 5-foot landscape buffer with trees and groundcover along said driveway. There are some existing trees on this site. The applicant states some are to remain and be protected during construction and others are to be removed. 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 at the Meridian Parks Department. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan anti 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 I 1-3B-14. CommonAreas/Open Space: UDC 11-3G-1 requires the applicant to provide a certain amount of common open space and site amenities in residential districts. This section of the code is applicable to parcels 5 acres or larger in size. The subject property totals approximately ?2 acres which requires the site provide a minimum of 10% open space. lit addition to the open space requirement certain amenities shall be provided on the site. Qaalifyi~ng amenities include 5,000 square feet of grassy area, water features, plaza, clubhouse, picnic area, pool, walking paths and fitness facilities just to name a few. The proposed project is providing approximately 13% common open space on the site with the following qualifying amenities: club house; pool, walking path, Plaza, community garden, water featwre, fitness facility, picnic area, putting green and tennis courts. Staff believes the applicant has done an excellent job providing open space and amenities on this site. Also in accordance with the UDC, maintenance of all common areas shall be the responsibility of the Chalet Marseilles Homeowners Association. Drainage: Seepage beds for stormwater drainage are shown on Lot 1, Block 2. No trees shall be planted over the seepage beds. All storm drainage facilities shall~omply with the standards listed in UDC 11- 3B-11, Stormwater Integration. NOTE: Applicant shall be aware that infiltration ponds for ACRD public streets require exposed inter sand. This sand area does not count toward the City of Meridian's open space requirements. Other provisions to meet vegetated open space requirements must be made when ACRD pond desigps incorporate exposed filter sand. Proposed Streets and/or Access: Primary access to the site will be via N. Locust Grove to/from E. Monet Street. It is important to note the proposed alignment of said roadway is not adjacent to the roadway (E. Stitnmerheights Drive) east of the site. Staff has received written comments from ACHD supporting the aliglnrYtent of the proposed streets. Furthermore, there is an existing LDS church site directly to the north. This site has a furl aoc~s driveway approximately 30 feet north of the proposed public street. If the church were to request annexation into the city, Staff would probably condition that the church's full accros driveway be vacated. Therefore, Staff is supportive of the appUcant's .proposal to construct E. Monet Street along the north property line. This way the church can take access from Monet Street and not Locust Grove Road is the future. In addition, N: Heritage View Avenue will be extended fiom the nortb to provide access and connectivity to the residential subdivision (Quenzer Commons No. ~. N. Heritage Avenue and N Chardin Avenue, both public roadways, will stub to the southwest for future connectivity to adjacent properties. There is an existing 8-foot wide strip between Wanda's Meadows and the subject site. The applicant has stubbed N. Heritage View Avenue to the south, in alignment with Yellow Peak Avemie, so the properties will be interconnected when the Whitson (spite strip) property develops in the future. The same Whitson property lies west of the subject site, east of Wanda's Meadow. The applicant is Chalet Maraeiltes AZ, PP, CUP, PS & ALT PAGE 12 CITY OF MERIDIAN PLAIV~NI'NG DEPARTMENT STAFF REPORT FOR TH•E H~EARFNC DATE OF MARCH 18, 240$ proposing to construct anorth-south public street along the cast side of the Whitson property so it can effectively develop in the future. Staff is supportive of the public street design for Chardin Avenue. The applicant should provide a public turnaround easement where N. Chardin Avenue and E. Verret Lane intersect. If these changes are made, Staff is supportive of the proposed access for this development. Along with public streets within the development, the applicant is proposing eight private streets that will provide access and circulation within the proposed development. The private street requirements will be further explained in the Private Street section below. Ditches, Laterals, and Canals: There are several irrigation ditches that nun throughfalong this property. The submitted site plan indicates the ditches are be tiled. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of aatural waterways and waterways being used as amenities, which 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 utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. )f a single~point connection is utilizes, the developer will be responsible for the payment. of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Existing Structures: The site currently contains an existing single family borne with associated outbuildings. The submitt~ plans indicate all existing buildings are to be removed to make way for the proposed multi-family development. Prior to the City Engineer's signature of the Baal plat, all existing buildings on thfs site shall be removed. Fencing: The submitted landscaping plan shows a decorative concrete wall proposed for the development; however, perirrteter fencing is not shown on the preliminary plat. The applicant should state at the public hearing if perimeter fencing is proposed for the site. At a minimum, temporary construction fencing should ba installed prior to issuance of building parrots for the subdivision. 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. CUP Application: "The applicant has submitted for CUl' approw~rl of 122 units and club house in a proposed R-15 zone. As mentioned above, Staff feels a Development Agrcement is not warranted for this site because staff is including all conditions of the multi-family development within the CUP conditions. The site is to consist of no more than 122 multi-family units with a club house. Furthermore, the applicant should submit for a condo plat for the subject project in the future, as proposed. Multi-family Standards: The UDC has severtFl specific standards that apply to multi-family developments (See Section 9 above for a complete list.) These standards apply to Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Below are some of the multi-fanuly and general design standards that the applicant should be required to comply with. Site Design: UDC 1-4-3.27 requires developments with 20 units or more provide the following: a property management office, a maintenance storage area, a central mailbox location, a directory aid map of the development at an entrance or convenient location for those entering the development. The referenced requirements above are for multi•fami~ly developments. The applicant intends to condo the 122 units; if the subject applications are approved (which the city would then classify the units as single-family). Therefore, Staffbelieves the requirements for the property management oSXce and a maintenance storage area is not warranted. In addition, the applicant states the Home Owner's are to maintain the proposed develop thru, CCR's that will govern the development. However, Staff feels with the amount of units proposed, the site should include centralized mail box locations throughout the development and provide a directory and site map located st the entrance of the development. Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 13 • CITY OF MERIDIAN PLANNRNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008 The applicant should include these revisions on the site plan prior to commission review as well. Multi-family Setbacks: The applicant is proposing amulti-family development within an R-15 zoning district. Typically the UDC requires a minimum 10-foot setback to the perimeter unless a greater setback is required by the UDC. In this case, the rear setback for the R-15 zoning district is greater than the 10-foot requirement (12 feet). The minimum interior setbacks between buildings should be 10 feet. The submitted site plan shows the stnictlues comply with the 12-foot perimeter setback. However, some of the interhal buildings are betw~n 9 and 10. Staffbelieves the applicant should comply-with the 10- foot requirement between the buildings. Site Plan: The applicant is proposing several different structures on this site. The site is expected to develop with 40 buildings, including the club house. The mix of buildings includes 2 single detached buildings, l4 bi-unit buildings and 23 quad unit buildings, totaling 122 units. The two building footprints for the subject site include a large floor plan totaling 66 units and the other is a small floor plan which totals 56 units. The site is expected to develop with the 8 smaller bi-unit buildings and 10 smaller quad-unit buildings located primarily nrteraal to the development. The larger-unit buildings are located along the perimeter of the development and consist of 2 single unit buildings, 6 bi-rinit buildings, and 13 quad-unit buildings. All of the units have attached two car garages with a parking pad in front of each unit. Staff is not supportive of the shared drive aisles and parking pads for the units located along the perimeter of the project and the one quad snit building located on Lot 1, Block 2. Staff believes that the parking pads in front of the garages should be 20' x 20'and provide a 2S-foot delve aisle (6S' length total) to accommodate vehicular manenverab~7iry or shorten the parking pad to 5' in length or less to discourage parking in front of the garages (35' length total). iTthe pads are constructed as proposed (50' length between garage) in front of some of the garages then cars will be tempted to park in front of the garages, thus blocling the delve aisles. NOTE: All of the internal units comply with this parking and drive sisle/back up requirement. Staff has determined the amount of units unable to conform to the above mentioned requirement at 60 units. Staff believe the applicant could revise the site plan to have some of the buildings comply with the above mentioned requirement. Staff realize that all of the units may not be able to comply and suggests the applicant reconfigure the site plan to have at least 75% (92 units) comply with the single family parking requirements. The other additional parking for the 30 units wfthout parking pads (5-foot) would be on the private streets as proposed. StafJ'would suggest the applicant request continuance to allow dine to review the revised site plan. Stafjbelieves this a significant change to the site plan and advises the applicant submit 10 revised copies of the site ptan prior to the Commission hearing. Parking: UDC 11-3C-6A requires multi-family dwellings 2 or more bedrooms to have atwo-car covered carport or garage for each unit. The submitted site layout proposes two car garages for each of the multi-family units. If the ~mrlti-family developments are platted for condominiums is the future, the applicant would not comply with the single family parking standards of the [IOC. The applicant would have to comply with this requirement to gain approval for a condo plat. If the applicant revises the site plan as Staff has suggested above, staff is supportive of the parking within the proposed development. The proposed parking spaces for the multi-family development should conform to the dimensional requirements of the U1K. The submitted site plan shows the visitor Barking stalls meet the standard parking stalls of the UDC. Elevations: The applicant has submitted building elevations for all of proposed buildings including the club house. There are four types of elevations proposed, two for each of the larger footprint buildings and two for the small footprint buildings. Both of the product types are shown to be constructed of Chalet Marseilles A2:, PP, CUP, PS & ALT PAGE 14 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH l8, 3008 stucco with substantial stone accents, architectural roofing shingles, covered entrances and tali entry doors. Some of th~ other accenting features include copper metal r~fing on the eaves of the proposed smaller units and the chimneys of both the larger and smaller units; azched windows board and batten and shake shingle siding accenting the front facades of the larger units. The club house is proposed to be constructed of boazd and batten and shake siding with accented stone front facade highlighted by an entryway rotunda. Majority of the windows are arched and accented with shutters. Staff likes the appearance of the proposed buildings and any future buildings shall substantially comply with the construction materials and design elements shown in these elevations. Furthermore, Staff believes no more than two buildings in a row (side by side) should Gave the same elevation typology. UDC 11-4.3 requires multi-family structtiues to comply with specific design standards. Exterior building materials and finishes should convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, tens cotta, and file are encouraged. Staffberieves that the elevations submitted with the CUP significantly meet the requirements of the design standards listed in UDC 11- 3A-19. Density: As noted on the Comprehensive Play Future Land Use Map, this area is designated Medium Density Residential. This designation anticipates densities between 3 to 8 dwelling units to the acre in this area. The applicant is proposing a density of 5.59 dwelling units to t#ie acre. The applicant complies with the density allowed in an R-15 zone and the Comprehensive Plan. Staff is sup~rtive of the proposed density. Landscaping: Per UDC 11-4-3.27.F, all street facing elevattions shall have landscaping along their foundation. The foundation landscaping shall mcet the following minimum standards: The landscaped area shall be at least three feet wide; for every three lineal feet of fo~iidation, an evergreen shrub havuig a minimum mature height of twenty-four inclies shall be planted; and groundcover plants shall be planted in the remainder of the landscaped area. The submitted landscape plans do not reflect the foundation planting requirements referenced above. Staff believes the applicant should provide a revised copy of the landscape plan demonstrating compliance with the multi-family developme~ requirements. Ten copies should be made available to Staff 10 days prior to the City Coundl hearing. Pedestrian Pathways: The adjacent project to the north {Quenzer Commons Subdivision No. ~ has provided an opportunity for a pedestrian connection with this property via 5-foot attached sidewalks along N. Heritage View Avenue. As mentioned eazlier there is an existing 8-foot wide spite striplflag associated with the Whitson parcel to thc southwest. Yellow Peak Avemie is stubbed to this spite strip from Wanda's Meadow. Because of that strip the applicant is not able to connect the roadway or sidewallc to the southern development. However., the applicant has stubbed a street and sidewalk to the Whitson property for future connectivity. Furthermore, Staff is recommending the applicant re- locate the proposed sidewalk slang the northern side of E. Monet Lane to the south side of said street to provide better pedestrian connectlvity between the developments, when the Whitson property is developed. Private Useable Open Space: UDC 11-4-3.27B requires a minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. The applicant has shown, on the floor plans, that each dwelling unit will provide at least 80 square feet of covered patio on both the larger footprints and the smaller footprints. This patio is being provided on the side of each unit. Staff is supportive of the location of covered patios. Amenities: The applicant is required to provide amenities for the multi-family development. For multi-family developments with more than 100 units, the decision rnakisig body shall require amenities commensurate to the size of the development (UDC 11-4-3.27D-2d). As a reference, the iJ13C requires Chests Marseilles AZ, PP, CUP, PS & ALT PAGE IS i CrT'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH l8, 2008 multi-family developments containing 75 units or more to provide 4 amenities, with at least one from each category {Quality of Life, Open Space, and Recreation). The applicant is providing amenities as follows: 5,240 square-foot community club house with a fitness facility, stadium seating theater, a gathering azea with a commercial-grade kitchen (Quality of Life) aid swimming pool (Recreation). The entrance to the club house will be accented with a courtyazd and water feature (Open Space). Other amenities i>~eiude a walking trail around the perimeter of the property (Recreation), covered pavilion with bazbeques (Quality of Life), tennis courts (Recreation), putting green (Recreation), a community rose garden, a plaza area and open grassy azeas with sitting areas (Open Space). Staff believes the applicant has done a great job providing amenities within the proposed development. Furthermore, Staff recommends that the Commission determine if the proposed amenities are appropriate for a development of this size. Open Space: UDC 11-4-3.27C requires a minimum area of outdoor common open space slaaall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c} 350 square feet for each unit containing more than 1,200 squaze feet of living area. Conunon open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. The units for the proposed multi-family developments range in size from 1,200 square foot units to 1,900 square foot units. The UDC requires 350 square feet for each unit containing more than 1,200 square feet of living area. The multi-family developments are proposing a total of 122 units. The minimum amount of open space required per code for all of the proposed multifamily development is 42,700 sq. fl (122 X 350 sq. ft). The applicant states that 6.69% (63,513 sq. ft.) of the site is being set aside for common usable open space. Maintenance of all common areas should be the responsibility of the Home Owners' Association(s). Staff believes that the open space proposed complies with tl-e UDC. Refuse Areas: The Sanitary Services Company {SSC) has not commented on the proposed dum~ter locations or design. The applicant should contact SSC for further' conmaent on enclosure design and location prior to submitting for a CZC. PS (Private Street} Application: in conjunction with the public streets, the applicant is proposing to construct eight private streets to provide access and circulation within this 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 streets are all internal to the development and are to be constructed as a 36-foot street section that includes a 5-foot wide sidewalk on one side, a 2 foot rolled curb, 2 10-foot wide travel lanes, an 8 foot parking area, and a 1 foot ribbon curb. The applicant has submitted a Private Street application as required by UDC 11-3F-3 and received Fire Department approval for the proposed street section. Staff is supportive of the applicants request and has provided further analysis in the Aitertrative Compliance section below. ALT (Alternative Compliance) Application: The specific request for alternative compliance is associated with the width of the travel lanes and the parking on private streets. The UDC requires the travel lanes of Private Streets to be a minimum of 24 feet with no on street pazking. The applicant is proposing 20-foot travel lanes with as 8-foot parking lane. The applicant states that this private street is identical to ACf1D's reduced 29-foot street section. The applicant has also contactal the Meridian Fire Department and received Fire Department approval for the proposed street section. Staff believes the proposed design would not create a safety hazard aid allows some visitor parking within the development. In Lieu of the Private Street Standazds~ staff support and approves ALT-071020 associated with the furdings in Exhibit D. Staff is recommending that the applicant submitted a revised site plan for the proposed Chalet Marseilles development (AZr07-020, PP-07-027, CUP-07-023, PS-07-008, & ALT-07-020). If the Comanissioa Ends Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 16 CITY OF M•ERl•DIAN PLANNIPVG DEPARTMENT STAFF REPORT FOR THE H•EARIIVG DATE OF MARCH 18, 2008 that the revised plans are acceptable and wishes to forward on a recommendation of approval to the Council, staff has included conditions listed in Exhibit B of the Staff Report. The Meridian Plannins & Zonins Commission beard these items on Jannarv 1.7.2Q08 and Febrnar~7.2008. At the aablic l~,garinsr the Commission .moved to recommend aauroval of the snbiect AZ. PP and CUP request. Thy M~ n ~itv ~'~onnc l~hg~a~r~,~ese items on March 18 20Q8 At the nnblicLearina the ConnciLannrnved the snb.iect A7ti PP. ~LfP. PS nd i.T reanest. 11. E1i~IITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (dated: 03-05-08) 3. Landscape Plan (dated: 03-05-08) 4. Site Plan (dated: 03-05-08) 5. Elevations B. Conditions of Approval 1. Planning Depamnent 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Descriptions & Exhibit Maps D. Required Findings from the Unified Development Code 1. Annexation acid Zoning Findings 2. Preliminary Plat FiFiclings 3. CUP Findings 4. Private Street Findings 5. Alternative Compliance Findings Chalet Marseilles AZ, PP, Cl]p, PS & ALT PAGE t 7 i CITY OF MERIDIAN PLANiVING DEPARTMENT STAFF REPORT FOR THE HEARFNG DATE OF MARCH 18, 2008 1. Vicinity Map CITY OF MERIDIAN PLANTFINO DEPARTMEM STAFF REPORT FOR TH•fi HEARMG DATE OF MARCH 18, 2008 2. Preliminary Plat evised .eeaeetse wm ~•aw ~~ ioe name \~ O ~r. 5 ~ ~, a ~ ~~ ao~~~ w~ ~b a ~~ U ~1 ~= ~~ ''i>~""~ " ~~ r~ ~~ ~~~~~~~~~~~1~~~~ ~~sd~~s~~~~~~~ts~~~~~~~~~~~~~~ I ~~~1 I~ :.~,;,;~;i~~~ ICI c~ ~~oeo.s0 oa..~T,,p,lat~~4Cit=emQti •r.E~. ~, II~1111 11 ii~i~~l~lii J j~J ~ ` ! 3 c it ~ ~~~ i ~ ~~! ~ ~ ~ ~:~ ~~ ,tip ~Y t= ~ '~ ~ z. ! i~ ~ ~ ~a .. ~ • • . . i ! a e y O • ~` ~ rc .. :~~ I : ~' ~ ' r ~ I _-_ I ~ I ` ~ M men wn. 11f ~ ~ ~ .-~ .....~, ~ .~ b r~ 1.. _ . --~ . ~ ~~ G ~1 i f ~` _~-., I.--,-.-~-.-~. I e ~, %I Exhibit A u d~~~ ~s~~!`ili! ~'j'~~~ i ~ ,~ i ri '" ~ ~~~ ratan, watw 83842 o~reraa tandscaae aian ~Id ~~P~'I '£ $Ot)Z `81 H~2tdW ~O ~ldd ~JNIitV'3W 3~N.L t[Od .LbOd3N ~~dJ.S 1N3W1bVd30 ~JWN~l1+'ld NtlIt9I~13W ~O IW~ ~~ s CITY ~OB MERIDIAN PLANNING DEPARTNFENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 20U8 4. Size Plan evi e ~ ~ ~ Y X 9 O 9 ~. ; ~ y ~ ~ i" N O N N Ot N N C A V .~ IL ~ O 00 ~ ~ ~ .4: A '~ 1: Vt w Z ~ pQ~ N ~ P N JI O ~ G N ~_ J _ O ~ ~ ~Q ''^^ ~ ' N~ V V/ p ~ ~ ~ ..r c ~ a~ ~ ~ ' N '~ aC~ V 9 ~ rgq' J U Exhibit A 1 ,/ 5 ~ Xf 1~ ~ ~ ~ ,~h ,~ ~ ~~ ~`.E ' `~~ ~ 1 f ~~~ ~ 1 ~ ~ ' } ,~ ~ ~ ~ ~! i ~ 1 i „ a! i ~~ ~6' ~ ' ~ ~ ~, ~ i, ) ; ~ a ~ , ' ~~~~ ~' ' b ; ~ ~ ~ ~ li ~ '' ~~ ~ . . r ~ ~ E [` - j t iii ~ ~ ~ i {~) i ~ ~ ~1 ` i 3 !~ ~{ t` ~~ i3 ~ s { G ', ~ ~ , ~ ~ ~ ]3 ~~ ~ ' ~ l ~ l " ~ r`f ors j r ~ ~ !ll 3 ~ a i~ r i ~i e i ~ ~, 7, s}, ' ` i . ~ ~ y ~ ~ f ~ ~~f + a F I ~ ~ ~ s ~ C I~ ~ I ~ t ~ ' ~ ~ ~ ff ~ i x~ 1 1 ~.j ~ # f i ? 1 ~i ~ H ~ P ~ ( ~ ~ i ~ 2` CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH•E H~EARiNG DATE OF MARCH 18, 2008 5. Efevations(LargeFootprir-t) ~~ pRpM ~E{/ATION FRONT ELEVATION Rlt3FIT ELEVATION Exhibit A f ' 7 ~l t ~ ''1 ~ ~ i ~ ~ ' ~ , :~ ~ h s ' t ~f ~ ! ~ t ~ ~ i' ~~ ~ k 1 ~ ~ , . ~~~ ~ t ~ ~ ~ 1 ~' ~ : ~ ti f z { i ~ ° . , ~ E ° ~ v ~'i ~, ~ ~,~ rj_ i ~ ~ I s ~i ~ ~ ~ ~ f y b - ( i '' l } ~. 4 t ~' L ~~ ~~t ~~ 4 ~' . ~ ~ '~ ' ~. ~~' ~• e" ~ f I f' '` ~~ _ '~ Tip ~~'. ~ r '1 1 '. ~ i ~ ~'. ~ .~ . ) I A f .'~. RIC,HT ELEVATION i • CITY OF MERIDIAN PLANaVING DEPARTMENT STAFF REPORT FOR TH£ HEARING DATE OF MARCH 18, 2008 5. Elevations (Small Footprint) E-~:---^±-11 ~--~-~~ FRONT ELEVA7tON FRONT ELEVATION RIGHT ELEVATION ~+~ Exhibit A x ~ ~' I' , ~ r ~ , ' ~ ~ ~ ~ i! ~ ~ ~ ..~ ~ ~ i fd I ~~~ ~~ i ~ , ~~ ~ ( ~ i 7 1~ 1 ~ ~ ~) ~ ~ ]{ t ~ i ~ k i ~~ ~, ~ ~ ~ } ~ L ' ~ ~ ~ l±i } # ~ ~ ' L~ SS ~ i ~ ~! ~ ~ j i j ~ ~. . ~ t ia', ~i, 6 ~ , ;1 ~~ ~, ~~ ~. F ~i ~ , p v ~ i ~ ~ ~. ~ N t I p$g ~1 ~ i 11 1 s k 's ~ 4 ~ ~t ,. ~ j ~~~ i i(jf} ~;; ~ ~ , { 1 g I 1 7 ~ Y ~ 4 9 4 t I . ~ ~ i f.F~ 4 Y , ~ ~ ~ I ~ t ~" 7 c ~ E ; f ~ ~ {~, ,. ~ I ,, a f l~ ff ' ~ FF ts2 1 j . i ~s ~ ~ I ~ ~ ' sl ~ ~ ~i ~ ~ r ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ,, ~ z k~ ~ ~ ~ f ~ ' t ~ r ~~ ELEVATIQN • CITY OF MERIDIAN PLANNIAIC DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH I$, 200$ cr , ~" Y • , R~,VgTtON _ __ __F:~L?:AR ~tEVA-T11~N - Sl{U~kE UN.~.T Exhibit A ~~ ,.~ ~ ~ >` :... CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REgORT FOR THE H£ARIiVG DATE OF MARCH 18, 20U8 FRONT ~~.EVATION .,. RIGHT ELEVATION Exhibit A REAR ELEVATION ~. LEFT ELEVAT~N ®... ,~. 5. Elevations (Club House) i • • CITY OF MERFDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE WEARING DATE OF MARCH 18, 2808 B. Conditions of Approval 1. PLANNING 1.1 ANI~IEXATI0I~T/ZOfiTING l.i.l The annexation and zoning legal descriptions submitted with the appficatioa (stamped on September 4, 2007 by Ronald M. Hodge, PLS) is aoourate and meet the requirements of the City of Meridian. • C~nstrLCt a aLxi ~m of 120 rafts on this si a and comely wish the site nlan_ cLated 03-05-08. A±±d elevations mob +tted wick the CLfP_ 1.2 PRELIMINARY PLAT 1.2 Site Specific Conditions 1.2.1 The 41ot preliminary plat prepared by 7-U-B Engineers, dated 03/05/2008 (attached in Exhibit A}, is approved, with the conditions listed herein. 1.2.2 Except for the foil-access public streets into the development (one to N. Locust Grove Road), direct lot access to U~stick Road and Locust Grove Road is prohibited. N. Heritage View Avenue shall be stubbed to the south as proposed and N. Chardin Avenue shall be constructed as a 40-foot street section and stubbed to the west when the Whitson property is developed. E. Monet Street shall be constructed along the north boundary (south boundary of the church) to pmvide access for future connectivity to the LDS Church site. 1.2.3 Prior to the City Engineer's signature on the final plat, all existing strrtctures shall be removed 1.2.4 The landscape plan prepared by Breckon Land Design, dated 03/05/2008, labeled Sheets L 1.1-1.3 (attached in Exhibit A}, is approves with the following notes/changes: • Provide a minimum 2S-foot wide termed landscape buffer along Locust Grove Road and Ustick Road, with meandering detached 5-foot sidewallc, as praoposed. All landscape materials shall be installed in accordance with UDC 11-3B-9, Landscape Street Buffers. • Provide a minimum 5-foot landscape strip with trees and sod along both sides of E. Monet Street and N. Heritage View Avenue, as proposed. • 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. • The applicant shall construct and install the pathway in accordance with UDC I1-3A-8 and UDC 11-3B-12. SG • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plea. Ali standards of installation should apply as listed in UDC 11-3B-14. Exhibit B '~ f ~ ~ u ` . ; ~ S > >t ~ s i3 j : ~ i ~ a . . ~ i t r ~ i ~ ff y ~ ,' ~ i1~ , j , , _ ~ ~ f ~ f= , E~ ' i ~ ~ ;~ i ~~ ~~ ~ ~, jt ~ ~ i, ! ~ r ~ s 1 ~ ~ y ,4i f ~ ~ ~ ~ _ ~ ~ rg ~ ~ ~ { ~ ~ ~ ~ ~ ' ~ i h ~ ~ s ~~ ; ~ R i : i ~ ~ € ~ ~i ; ~ ~ ' , i t ~ ~ ,t. ~ ; : , i ~ ~ ~ ~ ~ ~ ~~ t ~~ n ~ y ~ ~ , { ; f a ~ ~~; fi. ; ,, ~ ~ N ,,{{ :. f . ! ; i ] _ l ~~ ' ;~ ~ y,~ I i ~ ~~ : i2 ~ . t ~i ~S ; ~ ~ ~f ~ ~ ~ f r ~ a a f }~! ~. s ", G ~ t, i r, '! s • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2U08 Submit revised landscape plans to the Planning Department with the submittal of the final plat application. 1.2.5 'T'he City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the domestic water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable landscape areas prior to signature on the final plat by the Meridian City Engineer. 1.2.6 Per UDC I1-3A-6 all irrigation ditches, laterals or canals, that intersect, cross or lie within the area being subdivided shall be tiled. Plans will need to be approved by the appropriate imgation/drainage district, or lateral users association (ditch owners), with written approval or non-approval subntted to the Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.2.7 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. 1.2.8 A letter of credit or rash 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. 1.2.9 Applicant shall be required to pay Public Works development plan review and construction inspection fees, as detenztined during the plan review process, prior to signature on the final plat per Resolution 02- 374. 1.2.10 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. 1.2.11 Applicant shall be aware that infiltration ponds for ACRD public streets require exposed filter sand. This sand area does not count toward the City of Meridian's open space requirements. Other provisions to meet vegetated open space requirements must be made when ACID pond designs incorporate exposed filter sand. 1.2.12 The applicant shall work with staff and the. LDS Church for as avuronriate location for future access along E Monet Street to determine future connectivity if/when the LDS Church rearrest aaaexatiort-irtto the 't . 1.2.13 Construct the decorative block wallas promsed If the LDS Church does not allow the applicant to construct the decorative block wall along the northern boundary of E Monet Street. then said wall shall not ~e r1equired. 1.3 GENERAL COIWDITION$ 1.3.1 Sidewallcs/walkways shall be installed within the subdivision and along the adjacent streets pursuant to UDC 11.3A-17. 1.3.2 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 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. 1.3.4 The Applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building penult. All fences shall taper down to 3 feet Exldbit B -Page 3 CITY OF M£RIDIAtd PLA>VNFIVG DEPARTNI~E•NT STAFF REPORT FOR TH£ HEARING DATE OF MARCH 18, 2008 maximum within 20 feet of all right-of--way. All fencing should be ~install~ in accordance with UDC 11-3A-7. 1.3.5 Staffs fvlure to cite specific ordinance provisions or terms of the approved annexation or preliminary plat does not relieve the Applicant of responsibility for compliance. 1.3.6 Prelirrtinary plat approval shall be subject to the expiration provisions set forth in UDC 11-bB-7. 1.3.7 The applits;nt shall comply with the dimensional standards of the R-15 zoning district; provide a minimum 12' perimeter setback. 1.4 COAIDITIONAL USE PERMIT 1.4.1 The site plan, prepared by 3 U B Engineers, Inc., dated 03/05!2008, is reef approved. All comments and conditions of the accompanying Annexation (AZ-07-020) and Preliminary Plat (PP-07-027) applications shall also be considered conditions of the Conditional Use Permit (CUP-07-023). 1.4.2 The applicant shall construct a maximum of ~ 120 units. All buildings shall be condoed, as proposed. 1.4.3 No more than two buildings in a row (side by side) shall have the same elevation. 1.4.4 The landscape glan prepared by Breckon Land Design., dated 03/OS/2008, is approved with the following rxrodific~tions/notes: • Per UDC .11-4-3-27, all street facing elevations shall have landscaping along the foundation for the multi-family units as follows: - The landscaped area shall be at least 3-feet wide; - For every 3 linear feet of foundation, an evergreen shrub having a minimum mature height of 24 inches shall be planted; and - Ground cover plants shall be planted in the remainder of the landscaped area. 1.4.5 Provide private streets and private street signs within the multi-family development. Said private streets shall be constructed as approved with PS-07-008 and ALT-07-020 (see 1.5 below) in lieu of. Provide a public turnaround acrd tumaround easement where the N. Chardin Averrue aad E. Verret Lane intersect. 1.4.b 1.4.7 Provide at least 80 square feet of private, useable open space, such as a patio or balcony/deck, for each multi-family dwelling unit, as proposed on the floor plans. 1.4.8 ~ Provide amenities as follows: a mia~imum 63,513 sq. ft of open space, a 5,240 square-fit commumity club house and fitness facility (Quality of Life), pool (Recreation), S foot walking trails around the perimeter of the property (Recreation), a pavilion with tables and barbeques (Quality of Life), water feature, plaza area, a community rose garden, a putting green, tennis courts, oval track and open space with sitting areas (Open Space), as proposed. 1.4.9 Building setbacks, separation between proposed structures shall comply with the Building Code and Fire Code. There shall be a minimum of 10 feet between buildings. 1.4.10 As determined by the Planning Director, the multi-family buildings and clubhouse constructed on this site shall substantially comply with the rearderings submitted to the City with the CUP application, and Exhibit B ~ ~ r z 1 ` ~ ~ '€ i ~` ~ I ~~! i t' ~ ~ ~ ~ ~ s .~ 5 l t ~ I ' ~ ,~ v, ~ ~} s ~ s. i l ri ~ j~ a t , .° i { , j ti ~ ~~ ~ s k.; J ~ ~ ~ x ~ ~ k k(( ~ ,i ~; ~ ~: ~ ~ i; ~ i :i ~ ~ I ~ l ~ i h ' f ~ ~ ., a ? ~ ~ . , ~ " f ~ F Y I ~ ~ - ~~ ~, a ~ f ~ t' N ~ ~ I ~ ~f f ~: ' ~ ~~~ ~i `y E , ~~ ~~ l F € ! I € ~ 's l I~ ~ ~ ~ ~ w ~ s l ~ : ~ - ~ ~ I ~ a i i ~~ '1 r1- F~• I I 5 ~; ~ ' ~'~ ~ i ~ ~~ n ~' ~ t € ~ ~~ , .~ E E ~ :~ ' ~~f 1 F '" F j ` • CITY OF MERIDIAN PLANNfiVG DEPARTMENT STAFF RERORT FOR THE HEARING DATE OF MARCH 18, 2008 as modified by the conditions of approval herein. Atl roof and wall-mounted trtechanical, electrical, communications, and service equipment shall be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. Further, all builcl'mgs shall comply with the architectural standards of UDC 11-4-3.2'7E. 1.4.11 No building or structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) permit .from the Meridian Planning and Zoning Depariment. NOTE: Multiple multi-family buildings may be contained in a single CZC permit. 1.4.12 Prior to CZC f ssuance, provide assurances that construction debris will not blow off of the property by either having a debris maintenance plan or providing temporary construction fencing. 1.4.13 Comply with all of the standards listed in UDC 11-4-3.27 regarding multi-family developments, including Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. 1.4.14 Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. 1.4.15 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. 1.4.16 If the buildings are to be platted as condonuniums in the future, the applicant shall construct a 20' X 20' parking pad in front of the units a.~~onosed on the revised site plan. ~d~ 1.4.17 Provide centralized mail box locations throughout the development. a~ 1.4.18 Comply with all of ACHD's requirements and conditions for this project. 1.5 PRIVATE STREETJALTERNATIVECOMPUANCE 1.5.1 Construct N. Picasso Lane, E. Verret Lane, N. Rousseau Lane, E. Monet Lane, N. Matisse Lane, E. Renoir Lane, E. Voltaire Lane and E. Leroux Lane as 36-foot street sections that includes a 5-foot wide sidewalk on one side, a 2 foot rolled cuttb, 2 10-foot wide travel lases, an 8 foot parking area, and a 1 foot ribbon curb. 2. PvsLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N Heritage Ave and N Locust Grove Road. The applicant shall install mains to and through this subdivision; applicant shaft coordinate main size and rout~g 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 Pub13c Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in N Locust Grove Road, N Heritage Ave and N Yellow Peak Ave. The applicant shall be responsible to install a PRV at the N Heritage Ave water connection at the developer's expense, coordinate size with Kyle Radek in the engineering department at 898-5500. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Exhibit H i • C1TY OF MERIDIAN PLANk1ViNG DEPARTMENT STAFF REPORT FOR TI+E HEARING DATE OF MARCH 18, 2008 2.3 The applicant shall provide a 20.foot common lot far all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.4 The applicant shall provide a 20-foot easement for all public waterlsewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked E7CHI&IT A} and an 8112" x 11" map with bearings and distances (marked EXHiBTf H) for review. Hoth exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by ayear--round source of water (MCC 12-13-8.3}. The applicant should be required to use any existing surfi~e or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 All existing structures shall be removed prior to signature on the Seal plat by the City Engineer. 2.7 All irrigation drtches, 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 irrigatioddrainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.8 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898- 5500 for inspections of disconnection of services. Wells may be used for non~osrestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)3342190. 2.9 Any existing septic systems wither this project shall be removed from service per City Ordinance Section 9.1-4 and 9~-8. Contact Central District Health for abandonment procedures and ins~ctions (208)3'75-5211. 2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.11 A letter of credit or cash surety in the amount of 110% will be required for ail uncompleted fencing, landscapug, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the Seal plat. 2.12 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02- 374. 2.14 It shall be the responsibility of the applicant to ensure that afl development features comply with the Americaas with Disabilities Act and the hair Housing Act. 2.15 Applicant shall be responsible for application and compliance with any Section '404 PerYntttrng that may be required by the Army Corps of Engineers. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008 2.16 Developer shad coordinate mailbox locations with the Meridian Post Office. 2.17 All grading of the site shall be performed in conformance with MCC 11-1Z-3H. 2.18 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. 2.19 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. 2.20 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.21 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.22 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Atl 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 fight 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 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require temporary approved turn around on streets greater than 150 feet in length with no outlet. 3.3 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.4 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.5 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than h the diagonal measurement of the full development. The applicant shall provide a stub street to the property to the (south). 3.6 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These • measurements shall be based on the face of curb dimension. 3.7 All portions of the buildings located on this project must be within 150 feet of a paved surface as measured around the perimeter of the building. Ekhibit B i • CITY OF MERIDIAN PLANNFNO DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008 3.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 tn) from a hydrant on a fire apparatus atxess road, as measured by an approved route around the exterior of the facility or building, on-site Sre hydratrts and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accotriaace with Section 903.3.1.1 or 903.3.1.2 the distance regturement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the dista~ace requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in atxordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (1$3 m). 3.9 There shall be a fire hydrant within 100' of all fire department connections. 4. POLICE DEPARTMENT 4.1 No comments received. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard FIan for Protection of Existing Trees during Construction: The standard established is the City of Meridian Landscape Ordinance ([JDC 11-3B-h0) will be followed. 6. SANITARY SERVICE COMPANY 6.1 No comments received. 7. ADA COUNTY HIGFIWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 23-feet of additional right-of--way (4S-feet total from centerline) along Ustick Road abutting the parcel. The right-0f-way purchase and sales agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACT~ID Colnrrrission or prior to issuance of a building permit, whichever comes first. Allow 30 business days to processtheright-of- way dedication after receipt of all requested material. The District will purchase the right-of-way which is in addition to existingright-of--way from available Corridor Preservation Funds. 7.1.2 Dedicate 23-feet of additional right-lof-way (48•feet total froffi centerline) along Locust Grove Road abutting the parcel. The right-of--way purchase and sales agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACfID Commission or prior to issuance of a building permit, whichever comes first. Allow 30 business days to process the right of-way dedication after receipt of all requester material. The District will puuchase the right-of- way which is in addition to existing right-of way from available Corridor Preservation Funds. ?.1.3 Construct a 5-foot detached concrete sidewallc along Ustichc Road abutting the site no closer than 41-feet from the centerline arld aligning with existing improvcments to the west. If a portion of the sidewalk is located outside of the public right-of--way, the applicant shall pmvide the District with an easement for Exhibit B (: ,, ~,i ~ 1~ E I'~ tt ; 1 ~ , f ~~ ~~ ~~ 1~~ ,; :~ ; ~~. 13 11 i ~ ~ I ~• ~1 rt, it it ~ 1 ~~ I !i .~ ,j ~~ ~,~ _ E ~~i 3 ~ ,~ ~~ a ~~s i~ ~ tt6 i ~ 1 { ~°~ ~ . 4 y , ~~i ~ ~ 1 ' 5 ~ { ~ ` .. ~ ~ ~ y f 5 ~ '~ ~ }_ ~' 3 t ~~ ~~ j i ~ ~z '~ ~: y r f: 1 ! ' ~~ a CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE }tEARING DATE OF MARCH 18, 2008 public access. The easement shall extend from the public right-of--way to the back of sidewalk. There shall be no gap between the sidewalk easement and the public right-of--way. 7.1.4 Construct a S-foot detached concrete sidewalk along Locust Grove Road abutting the site no closer than 41-feet from the centerline and aligning with existing improvements to the north. If a portion of the sidewalk is located outside of the public right-of-way, the applicant shall provide the District with an easement for public access. The easement shall extend from the publicright-of--way to the back of sidewalk. There shall be no gap between the sidewalk easetnerit and the public right-of--way. 7.1.5 Construct N. Chardin Avenue as proposed with a minimum of 24•feet of pavement, rolled curb and gutter on its east side. 7.1.6 Construct a public turtaround at the south terminus of Chardin Avenue. The turnaround shall be subject to the approval of the Meridian Fire Department. 7.1.7 Construct a 4-foot detacli~ concrete sidewalk slog the east side of Chardin Avenue. If a portion of the sidewalk is located outside of the public right-of--way, the applicant shall provide the District with an easement for public access. The easement shall extend from the public right-of--way to the back of sidewalk. There shall be no gap between the sidewalk easement and the public right-of--way. 7.1.8 Construct Heritage View Avenue as proposed with 32-feet of pavement and rolled curb and gutter on both sides. Heritage View Avenue shall connect with the existing Heritage View Avenue stub to the north and align with the existing Yellow Peak Avenue stub to the south. 7.1.9 Install a sign at the south terminus of Heritage View Avenue stating that, "THIS ROAD WII.L BE EXTENDED IN THE FUTURE." 7.1.10 construct 4-foot detached concrete sidewaks on both sides of Heritage View Avem~e and connect lean with existing sidewallc improvements to the north. If a portion of the sidewalk is located outside of the public right-af--way, the applicant shall provide the District with as easement for public access. The easement shall extend from the public right-of--way to the back of sidewalk. There shad be no gap between the sidewalk easement and the public right-ofway. 7.1.11 Construct Monet Street as proposed with 32-feet of pavement and vertical curb and gaffer on both sides. Monet Street's right-of way shall abut the north property line. 7.1.12 Constntct a S-foot attached sidewalk along the north side of Monet Street. 7.1.13 Construct a 4-foot detached concrete sidewalk along the south side of Monet Street. If a portion of the sidewalk is located outside of the public right-of-way, the applicant shall provide the District with an easement for public access. The easemern shall extend from the publicright-of way to the back of sidewalk. There shall be no gap between the sidewalk easement and the public righ~oF way. 7.1.14 Construct all private drives as proposed, with 1 S-foot curb return radii where they meet public streets. 7. I.1 S Direct lot access to Ustick Road is prohibited aad shall be noted on the final plat. ?.1.16 Direct lot access to Locust Grove Road is prohibited and shall be noted on the final plat. 7.1.17 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE k}EARtNG DATE OF MARCH 18, 2008 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-o€ way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right- of--way. 7.2.3 Ail utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. ' 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Folicy Manual, ISPWC Standards and approved supplements, Construction Services procures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordiinance #200, also la>.own as Ada County Highway District Road Impact Fee Ordenance. ?.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIC~LINE (1-800-342-1585) at least two fixll business days prior to breaking ground within ACIH7rlght-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in rile event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its sucxessors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B .~ + f 1 ~' ~~ '~~ r ~ 1{ k ~ ~ I . F tt f ~ .~ # # s , Z. +~ - ~ ~ f ~ ~ ~ ~ ' ~I ~ t ~ ~ i ~'~ ~ ; ~ ~~ ~ ~. F ~ ~~ T t ~ ~ t ~ ~ j 4 ~~ ~ k ~ ~ i n ~ I ~ ~ ~ ~,~ ~5 ~ ~ ~ ~ { ~ ~ _ ~ 1 ~~,~ I j~. f ~ ,~i ~~ ~ ' ut'~ ~~j ? p t ~ I c ~ i ! ~ ~ ~ ~_ ~ Ir ~ ~ ' ~ ; ~ ~ ~ ~ 4 ~; ~ '~ i ~ ~ ~ + B 1 ~ ~ a ~ ~ ~ { { ~ ~ ~i F~ Ir ~ ~. ~ . f ,~ I. ,. ~ ~~' S JI i s i f 1 T k y. i f1 f !i ~ 4 I ~ ; Y ~ e „~ I 1. i G ~. ~ E ' l a4 r ~ (~ 3 -I f 1~ 'i i i CITY OF MERIDIAN PLAIINING DEPARTMENT STAFF REPORT FOR TH•& HEARING DATE OF MARCH 18, 2008 C. Legal Descriptions and irxhibit Maps . _ . _ y - '' Sni~eets 1•.0.07.057 Pate: Sept4•Inb~ 4, 2G07 r it•1ti 13F~C111t11T7t~1 r 'wit ~gPtton Of 9;he eaft IG:•Ot the 5oi~the~t w of Segion ~, Tp'~vvsshty 4 N9~+. ~8e 7 Fes, Bone ~ft~iaut, MQr?diat~, f+lte. County, fib, seat tnoPe r-y det~ed es fotloVn: e. ,SOB ~ ~C S~t1-~:< a9mtsc of Segtia~ 51, the PQltff ~ BEGINNING; therice•a1t~ t4~ >ibutfierlY boclndary ot'the'toutle~tw ~ theSoWtilea~t w.of saki i~cgay. ~ •N4rth..89X47'09' kfest, 662:3tJ feet; • thenee•~ theiYasterly boundary of cfie Southeast w of the Sbt~tt~eatt i4 df tom? Sar~tlreastY. of ' tfon a~, •gorcn ao`~gs9;ast, 623.50 teetj tfier-cs North $9.4,6'x" ilPg¢t, li6fi.77 feet tb the fillat[OdY botaadary of the *.~tFredst w dt the 6t ~ of 5ectlgn 34; theme ilorrysa9d boundary Nntttr 00~3tglD'f..axe, 7o6.:oZ.teec to the• sou~tr ~a+a~n1~ 0 Commas 5uluttvlston; r a-e a~bary. SouG- ~i~4' Fem. 661.t~' feet cache wsstetty txtrertla~r of she Mor~east~ ~ of •tlYa w of the.soinhe~c w.tif'~Cti~ 81.; Oltong fa6•d Q~dundarY. South J>4.3A'OS Wale. 599.76 few 4 tiltsa5b S41rtfi 89' 8645' . 661.6It feet ib thr# Eay3erig`~fotal~rY asf tare Snuttida6t w of ~ . 5outhaaBt t~•.of Sa¢Eipri 31; { tharase elon5 said bptlndbry. SoiKh ~'3t~9' )!ifest, 729 67 feet td the P011•Cf ~F BEGINNING. z ~ fisntathti>~2'1.89A acres. or'ters. i } Diu cF r~sc~-PWbN ~~- ~~E~Rs, uaM ~ROr.~a1d•M..`Hodge, B.L.S. ~~r~ i ~ ~ S~'t ~~~i Butt~c ~~. a ~r+~t9•utc i Fadtibit C ~ ~' R• ~ ; } ~ ', i - ~~ + ~' ~r ~ L~ ~. ~ :• r~ i{ . i I j ~ ~ ~ p ~' ~ E t E r' ~ ~ ~ ~ ~i T f ~t ` f ~ { ~ ~ ~ ~ } ; i ' 1 .i ~ :~ e E~ ,~ a: ~, . ~ ~, ~~. r E< , ' ~ i t ~ ; { ~ ~' ~ ` ` j I~ ~ f { y r ~~ _ S F 5 ~,! ~ ^~ ~ 2 ;r ~ } } ~ f c ~' ` ' 5 ` ~ f ~ } i € § _x ' .. ~ ~. ' ~r ~F ~~ i :; .r TI r cr t _F F~ ,~ .iii ' ~1 jj{ I 3[3'+ i +j gg i~ 444 x" i i f ~ ? I=. ~ ~ i r + a ~ jk f t' t t~ i i ~ ~ E ~ I ~ s' E ~ ,~ i ~ ~ i± 4~ t E , ~ . ~, ~ .~ i ~• ~, ~ a i j ~ ~ F ~ ~. ~ li y ( •k. ~ Cy ~' ~, ~, ' ~; ~ ~ ~ ! { a ~ `~ :~ ~ E ~ ;t ~ ~ s„ a ' '' k ~~ , y ~ ( ~ ~ ~ . gg. d t (? ~ E - , s ~- ~ f s '~ 1 i1 l s f ~ ,r _i ; ~ 2 7 e g i ~ p. 3 3 v d t S, 7 i. t CITY OF M~R)D1AN PLAA11aftJG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008 -, .,=~_ ~~ exhibit C g j a i• ~ s ~ x ) r ~ 7i 1 `v t. ~ ~ y ~ ' . ~ g ~~ y ~~ ~ iq ~ i , i , i ~ ,. _ ~ 1 ~ x~ , t. ~', ~~ ~ I s. ~~j ~ 3~, ,;, ~ ~ ,~ , ~ ,~, ~ i~ x z' ~, r ~,~ ~~ ~ r~ ly i~. ~1~ ~ ~ '. 5 ~' I~, i ~ ~ ~ ~~E~ ~ r rK' I. a ~-~ ! ~ , ~' 5 r ~ ~ ~ : i $ f!}}66 ~ g~ ~ i ~ ~~~ ~. ~~ i ~'~ ~ ~ is ~ ,3 ~q ~ 3f~~, a~ ~ 1; ~ i a~. ~ ~ 9 ~- i" ~ 6 ~3 I l:. ~l~ Irk i ~ ;~ ~ ~ ^f~l i ~ ~ ~ ~~ ~~ ~~ i ,~ I ~r ' ~ I ~ I ~ ~ '~ E, ~ S of ~ j f y ~ c ~ ~ ~. ! t f -~ E ~ ~ ~, ~ ~. ~' ~' ;~ i4` E i ,i' '- `i ,~ ~ .i rat '~ '~ ~ ~ i~ ~ ~ CITY OF M1;RIDIAN PLANJVMG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008 proye~t: 1007-tom tlate: ;eptembg_r 4, MAT DEiCRIPTl021 T:haE Gt~i~ ob 1hl: Southeast Y. of tlaf Southeast L4 aPSettPor 31, Towtlshtp 4 Natlla, Range 1 Fast, ' Bd1se Merldfanp, 1t erldtAi4r ~a ~~~X. ~dafro, and !nq.~~cNwiartY dbac.~ed 6ts ldlCow3t G.aYaYUOC1rig at the Snutitea~ e0mer of Seltton 31, the t~lM AF fiEGlti6RWG; fisente alb ltiir South6rty haute of ~ Southeast 1G Qf fJte;t >6 01 abtd sacttor~, Noah g4'47'0-' 1AIe1t, 462.30 feel; t~nce along .the WeStarfY bnlr'ntlary of 'the SoaNeast ~ Qf the $outlteaalt H! of the Southeast >h of ' Section 31, Nor~F ti0'34'iIS" East, 633.50 feet; t11'F1w.th !E9'4b'26 West, ~i61.77 teat.t4 the Westerly t~dldatlt o? d>e sortneast w of ~ Soutl+e~t Y. of SeEtlan 31; thence along said botmdaiY North litl'371~' Eat,. y0p.02 Peet tb th>} Southeasy troaldaty of t>luenter Csomtnatd~ subdtwslon; theme ateng sbttl 6ountiary., S~1- 89'4b'26' Eau, 661.17' teat eq the WesteAy lry of the Ngrtheast Y+ Ot the ~Llleast 14 of the Scuth+~Y. Ot Sett~li 31; tton~e along sa1k1 btanidaey. SEiuth• OD' 39n5' 1Ale3t, 594 x6 feet; thence 3ovth 8Y'4645"~aat. 661e~8 feet to fih6 Easterly bWutdary of the Southeast r~ of the Soutl-ea#t ~ of 5acdon 31; Ei~enc8 aloes aatd' boandarlq South 110`3t'03''West, 729+67 lest to the POINT OF BEGIIBaB~. S'0~1t~liilg 11:8'1'0 acres, more et less. EtI.F} (1F •OESCRIPU'C0N M~~ ~ J-W 8 fiNGINf~, lnE. Ronald NL :klo, P:l»S. vru. •~ ~ ~ + wD7 u e+ao~~t~~~1~0~,.~~ta~+v+.taa irxhilbit C ~. ~~`~ ~ ' i d~ # ~ , ~ ~ t' ~`~ ~ ~ 1 ! 1 (' r ~f' ¢ ~ r ~ ~ ~i r ~ ; ~ ~ ~ !~ ~ , ~ ; ~ i i ~ ~, ~ ~ ~~ sl y 4 `x ~ a ~iY D' ~ ~I ~ ~~~ ~' ~ ~ ~ l ~ ~ ,~ • ~' ~ ~~ ~~~ ; ~ i ~ ~~ ~~ t , ~ ! :fi jx ` ~ 1~ i 3 ,fi:_ q ~q~ t T k l~ I ~ 3 ~yj ~ t j i ' Ill i t Ir ~ 7 ~ ~ ~^' J " ~ ~ `. E -; a ~ ; .3 ~ ~ ~ I 1l ~ ~ ( 1, i t ` ~.,~ ~ ~ ~ {5 ~ l i ~ .3 7 ~ t 1= ~ '''iii i ! ~ i ~ I ~ ; ,i j ! L ~ q k ` : l 1 { r t ~ \ ; 1 a~ ~~ ~ .I i~ '~ i ~ ii r ~ i r ~ 'i ~ ~~ i~ ti ~ + Fyk , ~ ft I>~ ~ • { { ° t t r t a g ~ '~f' ~ 1 I ~ ~ ~ - `, i f ~ f 1 f ~: • ; ~ ~ } ~ i y ~ ~ ~t I I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18.2008 ....~ ..-..-+~*._.... ...~ ~. «..-... ~.. ....w+n-e.+•~.-.~-r.•J~:.dYwho3•a.6S.. J.t+t•.JaL~y BEWNNINR Exhibit C i ~ ~ r ~ ~ m ! ~ ~, k h If '~~~f: ~ s t. ~ LSt ~ i. ~~ ~ F ~ ~ i~~ {{ }pr. ~ ~ `~ .~ sl # f ~! ~~I t ,+f ~• I ~ ~ 6".{' 3 is ~ ~ ~' r,, ~~ i, ~~ CITY OF MERIDIAN PLANNitdG DEPARTMENT STAFF REPORT FOR THE HEARFNG DATE OF MARCH 1 B, 2008 D. Required Findings from Unified Development Code 1. Annexation Findings: upon recommendation from the Commission, the Council shall make a fall iavesdgatian and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Conncatl shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to zone the subject property to R-1 S. The Council finds that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. 2. The map amendment complies with the reguladons outlined for the proposed district, specifically the purpose statement; The Council finds that multifamily developments are conditional uses within the R-15 zoning district. The Council finds that future development of this property should comply with the established regulations and purpose statement of the R-15 district. 3. The map amendment shall not be materially detrimental to the pablie health, safety, and welfare; The Council fords that a zoning amendment to R-15 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 maybe provided when determining this finding. 4. The map amendment shall not restilt in an adverse impact neon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that a zoning amendment to R-15 for this site 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 is the best of interest of the City (UDC 11-SB-3.E). • The Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, the Council finds that Annexation and Zoning of Phis property to R-15 world be in the best interest of the City, as menl3aned in the Staff Report. 2. Prelimiaacy Plat Findings: Ia 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. Staff supports the proposed density and proposed plat layout, with reconunended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the StaffReport. 2. Publie services are available or can be made available sect are adequate to accommodate the proposed development; Exhibit D ~ ~'I , ~ .a I ' i ~ ' ~ F. ~ ~ ', i ~ ~ ~ ~~ , ~, ~ i~ pp p ~'~f ~ ~'!~ 1 ~~. ~', ~ ~ ~ 4 p' ~ '. ~ 1 ~ ~ i i ~ ~ ~ ~ I• j ~Lc ~ s ~ ~ ~ i~ ~ ~~ ~ ~ t '~ J ~~ I' ~ ~ 1 t { ~ .~ ~ ~ :; I ~ ti . ~ )a ~ S i ~ 1. # ~ I I ~ I ~ j ~ ~ ~ = ~ ` ' s ~ ` ~ ~ ~ ~i r I l i ' ~~ ~ i ~ ~ ; r' i ~ ! ~~ ~ ~ ~ ~ r , . E } j ~ 3 T ~ .j ;I '- ~:~~ } t o ., F ti F, i1 f1 F~ - ~ S ~ ~ r ,~ t ~ i ( F ~ ~ 4 F P • ~ ~ ~ ~ V ~ $ 3 ~~ ~ I I ~ ~~y~ ~1~ ~ ' '~ ~ ~ (' ~ 5 ~ {. ~ 4 ^ ~f a I ~ j I c{ ~ ~ 1 < ,.~ ) i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H•EARMG DATE OF MARCH I8, ~OUB The Council finds that public services can be made available to accommodate the proposed development. (See Exbibit B of the Staff Report for more details from public service providers.} 3. The plat is is 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; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACHI3, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development wW 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 attention. ACID considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or 6istorie 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. Staff recommends that the Coxrunission 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 features) of major importance of which staff is unaware. 3. CUP Findings The Commission and Couadl shall base its detergnination on the Conditional Use Permit request upon the following 1. That the site is large enough to accommodate the proposed use and meet aII the dimensfoaai anti development regulations in the district in which the ase is located. The Council finds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations r~uired by the UDC. , 2. That the proposed use wW be harmonioas with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council finds that the proposed use is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). 3. That the design, constraction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARBdG DATE OF MARCH 18.28 general vidnity and that such use wlll not adversely change the essential character of the same area The Council Ends that the proposed multi-family development (as amended in Exhibit B) should be compatible with other uses in the general area and will not adversely change the character of the area. Staff recommends that the Commission reference any public testimony that may be presented to determine whether or not the proposal will adversely affect the other properties in the area. 4. That the proposed ase, if it complies with all conditions of the approval imposed, wr11 not adversely affect other property in the vidnity. The Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant com4plies with all conditions of approval in Exhibit B and constructs all improvements and operates the use in accordance with the UDC standards. 5. That the proposed use will be served adequately by essential public facitides and service such as highways, streets, schools, parks, police and tare protection, drainage stradares, refuse disposal, water, and sewer. Please refer to the comments and conditions prepared by the 1Vleridian Fire Department, Police Department, Parks Department, Sanitary Services Company and ACfID in Exhibit B. 6. That the proposed use wiU 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 developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. The Council finds that the applicant should be required to pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The apptic~nt and~or future property owners will be required to pay highway impact fees. The Council finds that the proposal uses should not cxeate excessive additional costs for facilities or services and should not be detrimental to the economic welfare of the community. 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, fames, glare or odors. The Council finds that the proposed developnrerit will not irmolve uses that will create nuisances that would be detrimental to the general welfare of the surrounduig area. The Council does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the public. Staff recommends that the Commission reference any public testimony that may be presented to determine whether or not the proposal may cause health, safety or environmental problems of which staff are unaware. 8. That the proposed use wiU 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 the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Staff recommends that the Commission and Council refbrence any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Facldbit D ~{ ~' ~ ' 1 4~ , ;, I~{ t~~i~ rat i~-t CITY OF MERIDIAN P~ANNINC DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 200$ 4. 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 Strut Naming Conunittee has accepted the private street names. The design of the streets meets the standards as set forth in UDC 11- 3E-4; no gates are allowed. Roadway and storm drainage shall be contained on site. B. Granting approval of the private street would not cease damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and The Council does not anticipate any hazard, nuisance or other detriment fro>!n the private struts if they are constructed and maintained as designed C. The use and location of the private street shall not contlfct with the comprehensive plan and/or the regional tra~portatian plan. The location of the private strcets does not conflict with the Comprehensive Plan and/or the regional transportation plan. 5. Alternative Compliance Findings: Io order to grant approval for alternative compliance, the director ahaU determine the following findings: 1. SMct adherence or application of the requirements fs not feasfble; OR The applicant is proposing to construct the private street with an overall width of 36 feet. The applicant has worked closely with the Meridian Fire Department for their approval. Fire has given their approval of the proposed private streets with the allowed 8-foot parking lanes along one side of the roadway. The Council finds the construction of private streets meets the intent of the City's private stmt standards of the code. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Council finds the alternative compliance does provide a superior means for meeting the City's private street standards and provides a single family ambience to the development. A typical private stmt section for a residential district is 24 feet. The applicant is proposing a parking lane with 5- foot attached sidewalks along one side of the r9oadway. The proposed private streets are identical to the ACM's reduced 29-foot street sections. The overall width of the street section exceeds the City's private street standards of 24 and Z6 feet. Therefore, Council is supportive of the applicants request for alternative compliance from the private street standards. 3. The alternative means will not be materially detrimental to the public we~are or impair the intended uses and character of the surrounding properties. The Council finds that the proposed alternative will not be detrimental to the public welfare or impair the use /character of the surrounding properties. Exhibit D I ~~ ~ ~,5 ` # ~l c ~ ~ S S F ~ ~ I. ~, • f t'~ I 1 ~~~f ~ i i { ~ ~ t . ' ~ ~' J 4 ~, ~i { . I S . l . ,~~ ? f r ~. i7f k ~' ~ 5 ~ F, ~I .: iL ~` ~ T ~ ~ . t { '~ j s ~ 44 ~ ,~ 4~ ~ ' ~:f F ~ `~ t ~~: ; ~ ~ I ~ ~ ~ 1~ } ' i I j } ~ } ~ ~l Y I: ' F ; ! E' ~ ~ I ~ ~'i 1. ~ j{ ~ k { C I I . rt ~ ~ I ~. ! ~ I 1 I I. ' ~ ~{ + ~ ,~I ~ t ~ { k v ~ r~ ~ ?~ j L ` III S" , ~ IB I II G ~ ~ } 1 ~ S ~ f p 1 ~: r I ;~ r it ' ~ .; I:. f k 'I 4' f ~ f ~ I' ~ ~ y ', ~ 1 C; :' ~.. ~ : I F I; ~ 1 A ~ '~ ,' ~ ;'.. ~ ~. .. May 30, 2008 MERIDIAN CITY COUNCIL MEETING June 3, 2008 APPLICANT ITEM NO. 5-H REQUEST Change Order No. 2 to Agreement for Professional Services with Civil Survey Consultants, Inc. for $49Q0.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: ~~ CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • CITY pp 1AERIpiAN CHANGE ORDER NO. 2 33 EA$T IDAHO PROJECT NO. 6'!5 Mp~p~~ Ip g~qg DATE: 5/27 EFFECTIVE DATE: 5~2T/2008 CONTRACT CHANGE ORDER ~.vro ~ rwt: i vrc: ~ ~INey Car~suRants - - PROJECT: o, Lanark / Commerce Water Line COnnedia~s The Contractor Is hereby dinect~ to make the ioUoaring changes from the Contract Docunrents and Plans. Perform addit engineering services includfi9 P~ Preen (Cmtstrudian and Record Plans). Union Pac~flic Rai•nxd permitting, sa~rr>errt preperatron and coordination with landoemers. Reason for Change Order. AddiQonai Engbteering ~arvices Attacherrtents: None CHANGE iN CONTRACT PRICE: CHANGE IN CONTRACT T11AES: inal Contract Price 28,695.00 Contract Time: na Net changes form previous Change Orders Net charges form prevbus Change Orders . No._ ~- (calendar days) $ 6,500.00 ~ . Contrail Price Prior to this Change Order. Contract Tines pry to this Change Order: (mar clays or oats) $ ~ 35195.E Ne# Increase (decrease) of this Change Order: Net Incxease (de~x'ease) of this Change Orr (ca~enaar nays or crate) $ 4,900.00 Contract Price with aU Approv~i Change Orders: Contrail Trines wide aU Approved Change Orders: (' ~) $ 40 095.00 na RECOMMENDED: (CONSTRUCTION MANAGER) ACCEPTED: (CONTRACTOR) Date: A. 8hk~ - - Date: „s"_ ~, APPROVED: (CITY U 1 AGEJVT) COUNCIL APPROVAL GATE By: Keith Watts ~ ,,``,``~µ~'~~un~i ~~~~~~''',' t3y: Mayor Ta Weeni ~_ 8$~ BY C CI rk, Jayne Hama Date: ,~ Date: - ,~ ,,. i~ ~A ~r~~ ~`~~ •~ `7~ ~~ I ~ f ~ ~ ~ ~ I ~ I I ~ I~ ~ F{ ~ ~! + ' ~ ` ~i ~i, d ~ ~, ~ ~ fr 1 i P ~ . ~~ ~ ; g! ,~ ~~~ ,J '. ` ~ { 7C (Eif l r ~Fa ~ ~ , 1 ` PFF i~ F s f i 4 x ` ~ ~~~ ~ ~ ,, i ~ e '~ , ~, a~~ ~ , ~ ~ - , j I~ ~ ~ ! - x ~ ~. w 1 r e ; ~'.s ~ ~ I'~ 1 'a 3 , ~. 1 ~~ ~ , ~~ ; ~ J FG ~ ~ ~ E}. E s, ~! ; i ~ 'I ~ is I I ~' r ~ ~«; j zi . ~ ~ ~~ ~ ~ ~= ~;~~ ~ ~ ? EE a ' ~ ~ x~, rt5 4 ~`¢ 2 E k ~ ~ iii ~ t ! _ ` ~ ~ 1 ~~ ~ f ~ ~ ~ i a i j~ i~ e ~ ~ 7 ~ i ~ i ' i ~ ~ . ~ ~ I ' + {. ~ ,` { ~ ~ _ 7 , f t ~ ' *' ~ ~ y £ ~ ~ ~ # } ~ ~ i ~ i ~~ . , r r ` ~ . i ~ ;~ r '~ . ~ Y k 1 111 ~ Y ~ ~ ~ '~ 1 :~ , Memo 1t~;CFb~/ED ~~~~ ~~ ~e~.~a~ ~3~ Clerk Of;f°ice To: Jaycee Holman; Tara Green From: Kyle Radek, P.E., Assistant City Engineer CC: File Date: 5/27/08 Re: Proposed Agenda Item for June 3, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the June 3, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Change Order #2 to agreement for Professional Services with Civil Survey Consultants Inc. for design of Lanark /Commercial Water Line Connections Recommended Council Action: The Public Works Department recommends that Ciity Council approves Change Order#2 to the Agreement for Professional Services with Civil Survey Consultants, Inc. for design of Lanark / Commericial Water Line Connections for a cost not to exceed $4900.00. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 t . C ~~ ~ ~ ~ ~ *~ r ~ ` ~ ~ r~ e s ~ ~~ ~ f r Est '_ ! ~~ ~ E - ( ~ t } r ,~E ~ E ~ r ~ ~ ., i ti ~ ~~~~ , ,_ ~ t ~ ~- ~ f r . , . ~ :. . ~ .~ ~ ~5 : , i ; ! ! ,i ~ ~ 3 ~ ~ .~ ~ ~' } f ~ ~ ~ ~ f , ; ~ iY d L j i # ~ ~ ~ , ~ t ~~ R. _ ~ F~ > ~ ~~ t ~ ? , r ~ ~~ ~. i . ~ ~- ~ ~' t ~ ! t5~ i 1~ s ~. ~ ~ E . ~ '~ S j ~ 1 ~ ~ ~ ( 1 ~ ( {1 r S~ ~~ 1 ~ L F ( ~ 5 ~ i ~ ~ T' ~ ~ I ~ S . =' 1 ~ ~ t i . ~! i > tr' ( } fl ~ ~ 'fi k ~ i [ ?~ S' t ~Y Y ~ -t ^ Glenn K. Bennett, P.L.S. President Timothy A. Burgess, P.E. Vice President Civil Survey Consultants, Inc. 1400 E. Watertower Street Suite 100 Meridian, Idaho 83642 (208)888-4312 Fax 888-0323 May 27, 2008 Kyle Radek, F.E. City of Meridian 660 E. Watertower Meridian, ID 83642 Re: Lanark Water Crossings -Additional Design Services Dear Kyle: Per your request, we have begun work on the redesign of the 10"lt7 water main crossing the railroad tracks at Lewis and Clark Middle School. This redesign will require additional engineering services including plan preparation, Union Pacific Railroad permitting, preparing and obtaining an easement from the Meridian School District, coordination with storage condo engineer, and preparation of record drawings. I am now requesting a supplemental agreement in the amount of $4,900 to cover the additional design services on this project. Sincerely, CIVIL SURVEY CONSULTANTS, INC. Corey Peacock, P.E. k ~ iG~'I i, t f ~' 1 '~ I i' Y. , Fz 1 1 ~ 4` { i ! i i fl ~~ ~ ~4~ ~ S l' 1 ~ I ~ 3 333 r ` 1 ~ ~ ~ ~ ;1: z . ~ . ~ S ~ ~ i . I{ ~. f ~lA ~ ~ 2't ~ ~ r o ~ $ y ! ~ , , ~ ~ t}t Q. F I k~ ! 1 ~ t ~ K s Y ~ :~: i~ f , ~r~e~tc r a~~ s ~ I ~ , ~ ~ ~ $ i ~ - E~ ~~ ( '1 1 f t f k~ f 1~ i` ~~ E i pi ~ t s ~ (~ ~ t 1 ~ ~ pp f ~.. a l i':~ f ~ ; >~ _ r ~ ~' ; f ~ ~E ` + ti ) ~ ; z ' - n ~ ~ I ~ T i 'I ~ z i~ ~ ~ 4 ~i ~ ~ . ~! ~ ~ ~. ~ ;, ~ 3 i f i: ! . ! , 1a~~4 ~ ~ y ~ €~ ] ~ ~. i i _ ~.I j 7 ~'; ! ~ j~ ~ ~ 4 f j r ~ ~ 4:~ ~ i ~~ ~ '~ ' ~ i .! F ~ ~ 1 i ~, ~ ~ i I 4 ~ 'rt ~ ~ _ I ~ 7 _ 3 t ((I F t I ! ~. E ~" ~ { I I I f ~ , i I F. ~ F ~. i~ ~ 1 ~~; 1 s' ~ ; i ~; y a • s CITY OP MERIDIAN CHANGE ORDER NO. 2 33 EAST IDAHO PROJECT NO. 615 MERIDIAN, ID 83642 DATE: 5/27/2008 EFFECTIVE DATE: 5/27/2008 CONTRACT CHANGE ORDER PROJECT: Lanark /Commercial Water Line Connections The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Perform additional engineering services including plan preparation (Construction and Record Plans), Union Pacific Railroad permitting, easement preparation and coordination with landowners. Reason for Change Order: Additional Engineering Services Attachements: None CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Ori final Contract Price $ 28,695.00 Ori final Contract Time: na Net changes form previous Change Orders Net changes form previous Change Orders No._ to _ (calendar days) $ 6,500.00 Contract Price Prior to this Change Order: Contract Times prior to this Change Order: {calendar says or date) $ 35,195.00 Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) $ 4,900.00 Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $ 40,095.00 na RECOMMENDED: (CONSTRUCT/~ION MANAGER) Date: ,tE~" A~ ,84ckF 5 -Z7'Z~~ ACCEPTED: (CONTRACTOR) Date: p ~ ctoc.k S = oZ 9 - APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL DATE By: Keith Watts ~ ~~ 3~ ~®C~~ Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: 4 << g ~ h ~~ ~ $ ` ~~ ~ P 1 ~ I; I ~ ~ , . ~ ~ 1 .. ( 1 i` iE I ~ ~ s 1 s iy ~i ~ t i t f- s a~ t p ~ ~ f I , f !!! ' 1 i # ,Ii ~ yyt ~ l r L 1 I~ + ~ ~ Y } p$F i ' qp ~! f 1 i I r~ h ' ~ ( } 1 4 ~ i f 1 1`-!'t 1 + f ~ J ' ~~ I, # 1 N d # !! ~. I i (((( f 1 S $ ~;l ~ 1 ;I _ ~ ~ #~ ~ f_ i is '-` „ ~ ~j~ ~' ~ 4 ~1 ~ ~ I ~! - • y o~ ~ S ~ i ~ ~~ I ~ I 1 < j 3 p I ~ ~ . ~ ii 1 ~~ ~ ~ ~ ~~ ~ ~ t ~t~ { .r ~, 'i _ i ~ 5~ ~~ ~ .I I.. 6 4 [ t 5 ~ : ~ ~ I ~ ~ ~ ~t f ~ ~ ~ ~~ J%yyf i j ~ iy ~ ~ ., 1 ~ ~ . p, (j ~ ~. i~ f ~ 1, , `• ~ f ' p 1 4 , ~ ~ t i ~~ ~ ~ 1 1 ~ fe i [ ~ ` ~ 1 {': ~ 1 ~. ¢ ~r ~' ` ~ P } 5 I' ~ ~ I ~ ~ b 1 1 k ~l i , ~ ki`~~ t ~ 3; ~ ,; ~ 7 I y t 4 £ ~ j ~ ~ t t [,I ~ ~ ~ ~ ~~, ttt ~ i, y. 1~ }}}}}} S ~ 4,. s , , F 1 I 'y I ~ ~ ~ K~C i -i ~ ~ 1 t ~. i~ t E ~ ~ 1. ~ s. ~ ' z 1 I F 1 ii 1 ~~ ': 9 1 I t i 7 i. I~I I~ ~' 1 1 R I I ~ 1 3 ~ { ~ 1 I ~ , May 30, 2008 MERIDIAN CITY COUNCIL MEETING June 3, 2008 APPLICANT ITEM NO. S-~ REQUEST Standard Form of Agreement with Star Construction, LLC for Class A Reclaimed Wastewater Disinfection and Distribution Improvements for $79,790 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 properly of the City of Meridian. COMMENTS See attached °~/(- • o SECTION 00500 AGREEMENT THIS AGREEMENT is by and between The Citv of Meridian, hereinafter called OWNER, and Star Construction LLC hereinafter called CONTRACTOR. OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Class A Reclaimed_ Wastewater Disinfection and Distribution Improvements Article 3. ENGINEER The Project has been designed by HDR ENGINEERING, INC., who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 4. CONTRACT TIMES 4.1. Time of the Essence. A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.2. Days to Achieve Substantial Completion and Fina] Payment. A. The Work will be substantially completed within 90 days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within l20 days after the date when the Contract Times commence to run. 4.3. Liquidated Damages. '14~.~/ City of Meridian Class A Reclaimed Wastewater Disinfection and Distribution Improvemenu -April 30, 2008 00500 - ] i 1', I ~ ~ ~'ir i f f '~ ~ Y i 3: 1 ~~ I~ ~4{, ~II , i ,. '! ~ ~ {}{}°F , ti, fff it ;~ YY • ~ 4 it s ; ~ ' ~ ,~~~ r ~ ' I• ~ I i ~ (((( Y.ff1 ~'~lji. il~ ~ aZ; '~1 ~~ • ~, ~ ~ ;~ S ~ ~~' ~ ~ ~ s I -~, '. ~` i~' 5 ~~> ~ fat i; ~ r . ' ` ~ r t~ 4 . ~ ~ f i F~ , Y t, i a1 ~ ~ ~ r ~ ~ ~ ~ 1 ~ ` z r + ~ ~ F ~ ^ ~ ~ ~ 4 f ~ ~ ~ 7 3 ;~~ ~ ~ ' ,+~ i' ~~ ~;~~ 1 , ~ l~ ~ ' sl • • A. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.2. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties a}so recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER two hundred dollars ($200) for each day that expires after the time specified in Paragraph 4.2. for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in Paragraph 4.2. for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER four hundred dollars ($400) for each day that expires after the time specified in Paragraph 4.2. for completion and readiness for final payment. Article 5. CONTRACT PRICE 5.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs S.1.A. below: A. For all Work, a Lump Sum of Seventy nine thousand seven hundred ninety dollars ($'79,790.00 ) (use words) (use figures) All specific cash allowances are included in the above price and have been computed in accordance with Paragraph 11.02 of the General Conditions. 5.2 As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in Paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in Paragraph 1 ] .03B. of the General Conditions. At-ticle 6. PAYMENT PROCEDURES 6.1. Submittal and Processing of Payments. A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.2. Progress Payments; Retainage. A. OWNER shall make monthly progress pa}7nents on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by ENGINEER, during construction as provided in Paragraphs 6.1.1 and 6.1.2 below. All such payments will be measured by the schedule of values established in Paragraph 2.07A. of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as accordance with Paragraphs ] 4.02B.5. and 14.02D.1. of the General Conditions. -- ~ City of Meridian Class A Reclaimed Wastewater Disinfection and Distribution Improvements - Apri130, 2008 00500 - 2 ~~ ~ ;~ ~ ~. ~. ~ t~ ~~ ~± }~ ~ I: ~. i 1 ~'' ~ i ~ d , ~. ,_ ,' ~~ ~ ~ ! i. t`' =~ ~~ r: ~ o a. 50 percent of Work completed (with the balance being retainage). ]f Work has been 50 percent completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, {there will be no additional retainage on account of Work completed.} 2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 90 percent of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Paragraph 14.02B, of the General Conditions. 6.3. Final Payment. A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07B. of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Pazagraph 14.07B. Article 7. INTEREST 7.I All moneys not paid when due as provided in Article 14 of the Genera] Conditions shall bear interest at the rate of prime plus 1 percent per annum, simple interest. Article 8. CONTRACTOR'S REPRESENTATIONS 8.1. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: A. CONTRACTOR has thoroughly examined and carefully studied the Contract Documents (including the Addenda listed in Article 9.) and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all Drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities} which have been identified in the Supplementary Conditions as provided in Paragraph 4.02A. of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. 1. CONTRACTOR accepts the determination set forth in the General and Supplementary Conditions of the extent of the "technical data" contained in such reports and Drawings upon which CONTRACTOR is entitled to rely as provided in Paragraph 4.02 of the General Conditions. 2. CONTRACTOR acknowledges that such reports and Drawings are not Contract Documents and may not be complete for CONTRACTORSs purposes. ~' `-' -> Ciry of Meridian Class A Reclaimed Wastewater Disinfection and Distribution Jmprovements - Apri130, 2008 00500 - 3 s, 4rj t t ~ ~ ,~ ~ s ~ ,~i ~.~ ~ ! I 4 i ,~ Q I ~ ~ ~ ~ .. ~ ~ ~ . ~ ~ I ~ ~ ~ ~.~ -~ ~ ~~~ ~~. I ~ p7 C P _ ~~ 1 I ~' ~ ~ ~ I ° S b 1 F r . g ~ ~ ~; ~ i I ~i! , S ~ ~ ~ ` ~ ~ E ., i c t . V ~ ~ ~ i{ 1 i! 3 y y i7+ ~~'. 'i qqr 4`~ ~~ S f ~ t(~ ~~ I . it ~ e ~f~ 1 i .~- ~ ~. ` 1( 1 rj }~ `v~ ~ ~ ~ i~ , it I I~ g~ E i~.i f i' [ j ~.; ~~ 6 ~, i~ ~~ . ~ ' k ' , t t .: I~ 3 : i9 3r ',~ . ~i,~a ~~ ~~ ~ i h ~ 4 e ~ ff . f ~ ~ l: I I 1 ,~ M { 74L ' ~ ~} /~y ~ ,. E' x ~ ~ ~ E I ~ _ f ~ L ~ ~ ~ ~ ~ ' I~ ~ ~ 3 ~ ~ f ~ ~ t I ~ ! ~ ~ h ~ .4 { ~ T ~ ~, ~ I I' ~ ~ I ~' .: ~ ~ ~ ~ } ~ A ~ J i ' t ~ ~ 1 F h i ~ _ D ~ ' f S ~ i3 Y f ~ I ~ 1 C 3. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Vl+ork or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, en•ors, ambiguities or discrepancies in the Contract Documents and the written resolution thereof by ENGINEER through issued addendum or addenda is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of alt terms and conditions for performance and furnishing of the Work. When said conflicts, etc., have not been resolved through interpretation or clarification by ENGINEER, because of insufficient time or otherwise, CONTRACTOR has included in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost; and said greater cost is included in the Contract Price. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 4. CONTRACT DOCUMENTS 9.1. Contents. A. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 1. This Agreement (pages 1 to 6, inclusive). 2. Performance, Payment, and other Bonds. 3. Notice to Proceed. 4. General Conditions (pages 1 to 43, inclusive}. - . _ . _ City of Meridian Class A Reclaimed Wastewater Disinfection and Distribution Improvements - April 30, 2008 00500 - 4 ~ ~ ~ i ~~ i ~ .i ~: 1.~. ~ ~ t ~l ~ ~ ~ E ~ . #~ ~ ' ' ~F f -~' k ~ ~i '~ ~ ~ i{ q t ~ ~ 1 ~ ~ ~ ~` ~ ~ ~ 1` ` J ~ 7 ~ { 3 li ~ ' i ~ t ~~~; S ~ ~ ~ § # 4 1 ~- ~ 1 ~ ~~ i± ( ~ 1F ~ ~1 _ ~ ,, L } * Y ~ i [ 1i I 1 ~ F J G ~ ~~ #. }} C ' 1 S 6' e ~ ~S- ~~ f yyy i ~ ~ ! ` F # t 1 1 1 i vv F ' F ~ 1 ' ~ ~ 6 ~ i ( s d ~ t - ~ s ~ i I I J si t i ~{ r {gjg ~ I 1 1 n i! ~ ~ ~ 1 ~ i ~ ~~ i ~ ~ _ F is ~ . ~ 3 ~ ~ t ~ ~ ~ ~ ±1 ~ ~ i ~~ ~ ~ s ; ' '~ ! ~ _ T ~~ : F~ ~ , ,; C1 ~. i k r y .. ,' S: i, i B ~ i 5. Supplementary Conditions (pages 1 to 3, inclusive). 6. Specifications as listed in Table of Contents of the Project Manua]. 7. Drawings consisting of a cover sheet and sheets bearing the following general title: Class A Reclaimed Wastewater Disinfection and Distribution Improvements 8. Addenda numbers 1 to 1 ,inclusive. 9. CONTRACTOR'S Bid (pages 00301-] to 00301-4, inclusive). 10. Documentation submitted by CONTRACTOR prior to Notice of Award (page 00435-1, inclusive). 1 I. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached thereto: a. All written amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to Paragraph 3.04 of the General Conditions. b. The documents listed in Paragraphs 9.1, et seq. above aze attached to this Agreement (except as expressly noted otherwise above). c. There are no Contract Documents other than those listed above in this Article 9. The Contract Documents may only be amended, modified or supplemented as provided in Paragraph 3.04. of the General Conditions. Article 10. MISCELLANEOUS 10.1 Tetms. A. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 10.2. Assignment of Contract. A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without ]imitation, moneys that may become due and moneys that aze due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.3. Successors and Assigns. A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 10.4. Severability. L'-= % City of Meridian Class A Reclaimed Wastewater Disinfection and Distribution Improvements - Apri130, 2008 00500 - 5 R ' ~. s s ~h ~e iii ~' ' i~l I it ~ 1i ~~~ ~~ f '~. 'j ~. 'u ~ ~ . ~ Y ['~ ~ 1Sii i s . 1 I 1 j 4* j9 ~ ~ r ~ ` ~ ~ + i " ~ ~~ ~- C. ~k i t ~i~ r ~ ~ ` ~ ~ ~ ~~ ~ ' ` ~ ~ ~ # ~ 1 ; ~ ~ ~ ' ~ ~ I 1 ~;~ i 1 ~. ~' t `FF t r i, ~ ? ~ }~ { ~I F. ~ 5' F' , Y , ~~ ~ ~ ~ i ~ ~ I i : ~ ~ ~ 3 i h ~ { EE E_ ~ ~t ~ ~ ~~ ~; ~, ~ t ~ '.i ? ~ .~ ~- T t ~ n ~ ~ ? ~ ~ ~ { ` {{ S 8 OWNER ~rnrru e~~nn ~ + c.~,C' ~'. ~. ~.-a.,,.. , ~' (,,L. A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 1N WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER All portions of the Contract Documents have been signed, initiated or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on June 16, 2008 (which is the Effective Date of the Agreement. .~ _~ti By:--jam Attest _ Vii' ~ Address for giving Agent for service of process: NOTE: If OWNER is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement. [CORPORATE SEAL] for giving notices: ~~ .. i L . ~~ Agent for service of process: License No. ~ ~~ Z {-j ^ ~,~~~ NOTE: If CONTRACTOR is a corporation, attach evidence of authority to sign. END OF SECTION ~, ti?~ City of Meridian Class A Reclaimed Wastewater Disinfection and Distribution Improvements -April 30, 2008 00500 - 6 t ~. ~, ~ ~~ ~ ~ f ~ q ~ ~ , 3 ~ I r ~ ~ ¢ ~ ~, ~ ' { + ~ t 1 4 ; ~f € ~ ;j ~' it a ~ ~~ I~~ gj ~ , , t` ~ L~ ~ ~ F~~ ~, ~ `, ~ { 2 _. j r .~ ~ , .~ #. ,i i ~ 5 ' ~ ,_ ~ , .~ 1 ~ _ ~ T g ~~ ~ ~ ~ 7 i ~~ ee { f i~~y { ~ :~ '.$ ~_ ~` y ' j l{ ~ C c . j s !! ~ ~ ' ~~ ,i ~ F ~ 1' ~ 'i ~ ~ ~~ ' 4' ,~~ ~ i ~ , I i k @ ~ , i ~ { fS t 3 ~ ~ i , ~~ i ' ~ ~ tt A ' ~ } ~ tt i ~ I ~ t 1 ~~ J ;~ ~ ~ 3 ~ ~ I ~ ~ i ~~ , w ~ ~ ~ ~ yy ~ ~ 1 ~ ~ ~~- - ; ~ ~ , t i~ ~~' ~ ~ I# ~ '~ i. ! ~ ' 1 i r# i'S ~ i J ,~ E1; t f. ' 4~ ~ _~, .. m~~~,....~,z.,~_u, .+, . ~~..~ ,.. . City of Meridian ~ ~" Public Works Dept. . Meo~no To: Jaycee Holman; Tara Green Frota~ Roxanne Holland, EIT Staff Engineer hollandr@meridiancity.org Meridian Public Works Department 660 E. iNatertower, Suite 200 Phone: 898-5500 Fax: 898-9551 CC: Clint Dolsby, P.E., Interim City Engineer Date: 5/28/08 Re: Proposed Agenda Item for June 3, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the June 3, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Class A Reclaimed Wastewater Disinfection and Distribution Improvements (Construdion~ Attached is a Bid Form and Standard Form of Agreement with Star Construction, LLC for the installation of reclaimed water pumping equipment, discharge piping and valves, connection from the Boise River Outfall pipeline to the Heroes Park irrigation storage pond, disinfection system improvements, ,and associated electrical, controls, and SCADA. The contract is for $79,790.00. Recommended Council Action: The Public Works Department recommends that City Council approves and signs the Standard Form of Agreement with Star Construction, LLC for the construction of the Class A Reclaimed Wastewater Disinfection and Distribution Improvements. Thank you for your consideration. Please contact me if you have any questions. • Page 1 t - ~ f+ t' ~ ~ rY i ~ a ~ ~ , ~ . ~i ~ ~ ~~ ` I ! s § ~' Q" ~ klli ~ , i ~ i~ ~ l t~ ~ ~ .~ ~ f ~ E ~ z ~ I = ,~~'~^ ~ ~:~ 1 ~ , , [~ ~ ~ 1 ~ ~ I ~ ~ i e3 3 ~ ~ 1 ~: ~i r ` ~ g r ~~ t : 1 S t I f ~ ~3_ ~ F ~ ~} ~ I' ~ v `~ ` I ~ ~~ II j 1 ~ ~ ~ ~F ' i 3 - ,I ~ ~ ;i ~ r~ri 1 ~ ~ ~ ~.~~. 1 , p ~I :a ~ ~ ls` ~~ ~ ~ .~ ` '~ ' x4.a ~ } ~ ~ ~ ~ ~; ~ t E ~~ ~.;E ~ i ~ ~~~' ~ ~ ~_ yf~i ,~ ~~ ~ f , a~ ~ 1~~ o ,~ ~ ~. ~ ~ ~ ~ ! ~ t} ~ ~ ~ ~ + ' ~ ., 1 ~ ~~ stsyy k ` ~ ~ (~ ! ~ F I~ q 11 ~~' t. ~~ ~ ~ ~ ,~ ~~ SECTION 00500 AGREEMENT THIS AGREEMENT is by and between The Citv of Meridian, hereinafter called OWNER, and Star Construction LLC, hereinafter called CONTRACTOR. OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article I. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Class A Reclaimed Wastewater Disinfection and Distribution Improvements Article 3. ENGINEER The Project has been designed by HDR ENGINEERING, INC., who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 4. CONTRACT TIMES 4.1. Time of the Essence. A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.2. Days to Achieve Substantial Completion and Final Payment. A. The Work will be substantially completed within 90 days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 120 days after the date when the Contract Times commence to run. 4.3. Liquidated Damages. City of Meridian Class A Reclaimed wastewater Disinfection and Distribution Improvements -April 30, 2008 00500 - 1 ( i ,. h, ~ +i ' 4: 4 a ~~ < $ ' f . +; I , 1. i, ~,.j It ~ ~ I. ~{ ~' i _ ~ E t~ i i ~~ S I i i ~~r ~ t! j ~ ~ ' i i ~ s( I ~ I ~ 1 !' ~ I f ~ E ( I S { ~ i (t l ~ .,_ :[ c ~ i ~ i(~ ~, ~~ ;z ~ ,~ 3 1 p~ ~~~f ~ j; ' f y t i s ~~ : , t -~ it ~ ~~,~ ~ E '~ , ~ ~~ ~ ~ i' ~ ~: ~ 1 ~ t ~~~ ~ i ~ ~~ ~ ~ ' ~p vfi '~ ~ ~ 7A~ E i ~_ k ~ ~' ~ C. ~d ~ y i t~ ' (.1 ~ _ ' ~ EE i '~ , fir ~ ~ Y ' ~ y}~ ~ ~ l 9' ~ 1 i ~ ~ ~, ~' j t' ~ ~ 6 . l 6 1~~ ~ t ~ 4 ~ tt ~ Y1 3 i j ' ~~ 1 gg)~J € j }7" S~ a _~y ' !~1 d~. ~ ~~ ~5.~~~~ 14 ~' ~ j~p i ~ S a ~ ~_ ~ ee 6 ~ . . i f t t' ~ l ~~ f ~, ~,~ [ ~k j ~ € t F ~ E ~-. p ~ : i~~ d ~ n. ~ ~ ~ -~9 ; { q , q } ~ I~ E ~ c '~lE l 3 ~. ~ M ~ it i~,~ t }jE i ~ i i ~ ~ ~ ~ {{{ i ~ ~ ~ i ~, !~ ~ r~ ~. 4 ~ ~ Y C ix~,~ ( ~~ i 3 7 E ~. i 5 1 {t I q ~ ~ s f i ` yi t a ,~ ~ ~ ~ ~ ~ t ~, ~ f t + ~~ ~ 1's ~ I i ~ ' ' '~ . Sa ` , .~ ~~,~~ i .` 7yJ ~ k A. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.2. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER two hundred dollars ($200) for each day that expires after the time specified in Paragraph 4.2. for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in Paragraph 4.2. for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER four hundred dollars ($400) for each day that expires after the time specified in Paragraph 4.2. for completion and readiness for final payment. Article 5. CONTRACT PRICE 5.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs S.I.A. below: A. For all Work, a Lump Sum of: Seventy nine thousand seven hundred ninety dollars ($ 79.790.00 ) (use words) (use figures) All specific cash allowances are included in the above price and have been computed in accordance with Paragraph 11.02 of the General Conditions. 5.2 As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in Paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in Paragraph 11.03B. of the General Conditions. Article 6. PAYMENT PROCEDURES 6.1. Submittal and Processing of Payments. A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the Generat Conditions. 6.2. Progress Payments; Retainage. A. OWNER shall make monthly progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by ENGINEER, during construction as provided in Paragraphs 6.1.1 and 6.1.2 below. All such payments will be measured by the schedule of values established in Paragraph 2.07A. of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as accordance with Paragraphs 14.02B.5. and 14.02D.1. of the General Conditions. City of Meridian Class A Reclaimed Wastewater Disinfection and Distribution Improvements - Aprit 30, 2008 00500 - 2 • • a. 50 percent of Work completed (with the balance being retainage). If Work has been 50 percent completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, {there will be no additional retainage on account of Work completed.} 2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 90 percent of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Paragraph 14.02B. of the General Conditions. 6.3. Final Payment. A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07B. of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14.07B. Article 7. INTEREST 7.1 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of prime plus 1 percent per annum, simple interest. Article 8. CONTRACTOR'S REPRESENTATIONS 8.1. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: A. CONTRACTOR has thoroughly examined and carefully studied the Contract Documents (including the Addenda listed in Article 9.) and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the site and become familiaz with and is satisfied as to the genera], local and site conditions that may affect cost, progess, performance or furnishing of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. D. CONTRACTOR has carefully studied all: (I) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all Drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02A. of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. 1. CONTRACTOR accepts the determination set forth in the General and Supplementary Conditions of the extent of the "technical data" contained in such reports and Drawings upon which CONTRACTOR is entitled to rely as provided in Paragraph 4.02 of the General Conditions. 2. CONTRACTOR acknowledges that such reports and Drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. City of Meridian Class A Reclaimed Wastewater Disinfection and Distribution Improvements - Apri130, 2008 00500 - 3 f ~ ~ ~ .~ ~ ? yl L E ~ ~ ~1 t g s ~ 'I F ~~ ~ ~~ a.~ il: ~ Ic ~ C ~'s .3 ~ ;~ ~ ~~ ~ I r ~ ~ ~ ~ - ~ r ~ , ~~ „I yf '.t a f .1 i ~ ~ f 4 F ~~ ~ ~'~ s . - x ~ etc ~ 1 } ° ~ & p ~ ~' ~ a ~ ~ ~ ~~ ~ ~i ~ !3! 2 ~~~ ' ~ ~ ~ II {if ~~(1~ + t f~ ~' 1 _ i ~RF ~ ~ ~~ ~( F,'1 y t F ' ~ ( ~ ~ ~ i '~ ~( 3 ;I i #' ; ~ t I ~ L ~ ~ a ~ ~~ ~ ~ , ~ ~ ~~ ~li~ ~ ~ f ~ a t 1 E ~ ~ ~ ; + ~ dt 7 ~ ~~ ~ ~'~ ~ F ~i q. ~ 3i n i Sri , { ~~i tl ~ a ~ ~ ~ 4 ? ~ ~ ~ 5 it f ( I ~ ~ il f I - ~ 1 ~ ~^ ~ 7 ~ 4~ N ~ It ~ ~ i ~ I , 1~~6 , I ~ ~ y~ ~ , { ~ t ~ I .~, ~ ~{i. ~ ~~ ~ ~ ~ ' ~ j i, ail ' ~ F F ; ~ ~ I t ' k ' 1 1 ~ ). r - l I { ~ ,,., ~ , ,~.. i!I ~ ~~ ~ #.. 721:'1 ] ~ l P r .. ~ b ~ I x, ~ ,'~ ~z~ 3. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies in the Contract Documents and the written resolution thereof by ENGINEER through issued addendum or addenda is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. When said conflicts, etc., have not been resolved through interpretation or clarification by ENGINEER, because of insufficient time or otherwise, CONTRACTOR has included in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost; and said greater cost is included in the Contract Price. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 9. CONTRACT DOCUMENTS 9.1. Contents. A. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 1. This Agreement (pages 1 to 6, inclusive). 2. Performance, Payment, and other Bonds. 3. Notice to Proceed. 4. General Conditions (pages 1 to 43, inclusive). City of Meridian Class A Reclaimed Wastewater Disinfection and Distribution Improvements -April 30, 2008 00500 - 4 `~~ ` ~ ~ ~a i ~ ; F . ~ ; ~'~ r I i } ~ ~ ~ ~ `i-' '` ~ ~ . a' ' ~ sii ~ ~ 1~ ~'~ z i ; ' t Z s ~' ~ c ~ 3 ~ 3 f ~, ~ ~ y ~ i Fi. tf # ~ ~ I ,' jjj ~ . ~ :~ -~ 4 ; i ', , , r ~ ; ' T { l ~ k 6 ~ ~ I ~. ~~ = r ~ ~tj j ~ 1 ~ ~ ~ ~ '! s ~' j ) . i i~ ~ i I~ ~ n ~.i _ ~: ~ }, {{ S'12 c ~ ~ p ~ ~ ~~~~ i c '1 s ff ~ I~t ~ I' 4 1 ~ ,~ S S. Supplementary Conditions (pages 1 to 3, inclusive). 6. Specifications as listed in Table of Contents of the Project Manual. 7. Drawings consisting of a cover sheet and sheets bearing the following general title: Class A Reclaimed Wastewater Disinfection and Distribution Improvements 8. Addenda numbers 1 to 1 ,inclusive. 9. CONTRACTOR's Bid (pages 00301-1 to 00301-4, inclusive). 10. Documentation submitted by CONTRACTOR prior to Notice of Award (page 00435-1, inclusive). l 1. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached thereto: a. All written amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to Paragraph 3.04 of the General Conditions. b. The documents listed in Paragraphs 9.1. et seq. above are attached to this Agreement (except as expressly noted otherwise above). c. There are no Contract Documents other than those listed above in this Article 9. The Contract Documents may only be amended, modified or supplemented as provided in Paragraph 3.04. of the General Conditions. Article 10. MISCELLANEOUS 10.1 Terms. A. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. L0.2. Assignment of Contract. A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.3. Successors and Assigns. A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 10.4. Severability. City of Meridian Class A Reclaimed Wastewater Disinfection and Distribution Improvements -April 30, 2008 00540 - 5 1, a ~ #ryj ~ I ~ a ~ '~ ~ ~ ~ ~ , ~'i 1 ~ ~ `~ ~ e . ~ ~ x :~ ! ` ~ { .v jl ~~ I 'I d ~ ::~ 7 i ~ ~ t ~ i; ~ ~ t t i . i ~i E ~' ~ ~ k ~ ~ p ' ~~ ~ t } n J .1 ` ~ ~ ~ 1 f i , § i ~ ~ ~` ~ fi ' .~ ~7 '~ 1~ ~ ~ ~ ~ ~ ~` i ~' i ~ ~ ~ . # ~ 1 P ' ~!f _ gg li e ~ ta .~ t r~; s ~ ! ~ 2. ('~~ ~ ~ ~~ ~ , ; f ~ } _ . Cj I~ i f r ~ l !S d~ ~ ~.I ... ~ F ~ ~ ~ ~ l ~ ~ ~~ i ~' 1 Y ~ , r ii !~ ~ ~ ~' i ~ ~~ ~~ 3~~ ~ ~ ~ ~ t ~ ~~ ~~ ~ ~; i', ~ ~ `~ ~. ~ 1 ~` fi ~ t ~~ ~' ~? 1 ~ ~~ ~ ~ 1 '.i 1$ ; ~~ ~ ~~ ~ ~ ~ ~ ~ ~ l4bz c ~ r ~ ~ j r. '~ ~ 4 ~ ~~' a G s ~ ~ ~ 4 a ~ ~ I i ~ ~ i x - 'i q a _ , ~y j ~ ~.- ~I~~.~i'i ~~~(,. '~ @ ~ .~~i' !," a i II F&~~ ~ h i fi 1 • A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on June 16, 2008 (which is the Effective Date of the Agreement). t OWNER CONT R -5 ~ ~~rn ~~t,4~i-.~~r.~. ~-~-L [CORPORATE SEAL] [CORPORATE SEAL) Attest Address for giving notices: Agent for service of process: NOTE: If OWNER is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement. Attest Address for giving notices: Agent for service of process: License No. l ! ~~ ~ ~ ~- ~~' /~'~L~~ NOTE: If CONTRACTOR is a corporation, attach evidence of authority to sign. END OF SECTION City of Meridian Class A Reclaimed Wastewazer Disinfection and Distribution Improvements -April 30, 2008 00500 - 6 ~ ~' ~ ~1 i tl ~~ ~:: ~ f t ~ ~~ 1 ~ r q ' ~ ~ t' ' F _ F } } r ~s ~ t ~ 4 : ~ {{ F ~1 ( _ ~~ ~ _ E E <i ~ } ¢¢ 4 111 f t ~ 1" X yy~~ t i! i ~i ~ ~ ~ _ Y Ii E ~ ; 1t a ~r ' . F , i i f~, ~# ~ ~ ~'i a ' x, ~ _4 ~.. ~ _+ ~ 1 - i ' ~ j~ ~ ~ `~ ~ j '{ ~ F ~ ~ t ' R I, ++i E ~ ~ r i, ~ 1!i I ~ l Il ~~ i 1 `.. y t ~ ` i ~§ s~ : Z ~ ~ ~ i A _ 1Y ~~ ~' ' ~ ~ 4 y I s S ~ ~ t ~~ f ~ r i ~ i ~ i 3 I_ SECTION OQ301 BID FORM PR0IECT IDENTIFICATION: Class A Reclaimed Wastewater Disinfection and Distribution ~i t~plrovemettts THIS BID IS SUBMITTED TO: City of Meridian, herein after referred to as OWNER 1. Eater Into Agreement The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter i~o an Agreement with OWNER in the form included in the Contract Documents to perform and famish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid seeurity. This Bid will remain subject to acceptance for the period specified for Notice of Award after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 10 days after the date of OWNER's Notice of Award. 3. BIDDER's Representations In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: a. BIDDER has examined and carefully studied the Bidding Documents and the following Addenda receipt of all which is hereby acknowledged: (List Addenda by Number) ADDENDA NO b. BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, Progress, performance and famishing of the Work. c. BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work d. BIDDER has carefully studied all: (1) reports ofexplorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface strucUtres at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02A. of the General Conditions, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in the Supplementary Conditions. e. BIDDER accepts the determination set Earth in Paragraph SC-4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which BIDDER is entitled to rely as provided in Paragraph 4.02 of the General Conditions. 74201 ~Y ofMeridian Clt~ A Reclaimed Wttstewat~ Uisiufection and Dishtbtrtion Improves'tents - Apri130.2008 00301-1 i i i i ` ~ r ,' , :f: ~. ~ ea' ~ ; ~{~ ~ !~. ~ ~ ., r ~ ~ j' i 4 ~; ~, k 1 ., I ~~ ~ ~ 1 I ~ ~, ; i~ 1 ~' ~: ~ ~ ti ;f~ F 4 I, i i Ei $ `' i ~~ 3~ t £ BIDDER aclmowledges that such reports and drawings are not Contract Doa~ments and may not be complete for BIDDER's purposes. g. BIDDER acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or wmpleteness of information and data shown or indicated in the Biddmg Documents with respect to existing Underground Facilities at or contiguous to the site. h. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or furnishing of the Work or which relate to arty aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. i. BIDDER is aware of the general nature of Work to be performed by OWNER and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. j. BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. k. BIDDER has given ENGIIVEER written notice of all conflicts, errors, ambiguities or discrepancies in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all farms and conditions for performing and finishing the Work for which this Bid is submitted. 1. Where conflicts, eaors, ambiguities or discrepancies have been discovered in or between Contract Doaunents and/or other related documents, and where said conflicts, etc., have not been resolved through the interpretations orclarifications by ENGINEER as destxibed in the Instructions to Bidders, because of insufficienttimc or otherwise, BIDDER has included in the~Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost. m. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted inconformity with a~+ agreement or rules of any group, association, organisation or corporation; REDDER has not directly or indirectly induced or solicited any otbcr BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refisin from bidding; and BIDDER has not sought by collusion to obtain for itself a~+ advantage over any other BIDDER or over OWNER 4. Bid Prices BIDDER will complete the Work in accordance with the~C lontract Docwne~ for the following prices(s): LUMP SUM BID PRICE ~U ~~ h,~l..~ " 1 hu u.Sha~Q S~?,~.~+~.~~n,r~ Yl i ~~~ {use words) U {$ ~~ 7gC9. ®.Q ~ (~ figures) 74205 City of Meridian Class A Reclaimed Westew~ Disinfection and Ilfstnlwtion improvements - Apri130, 2008 00301- 2 Adjustment prices are subject to acceptance by OWNER, and rejection of one or more adjustment prices will not invalidate acceptance ofthis Bid. S. Complctlon BIDDER agrees that the Work will be substantially completed and ready for final payment in accordance with Paragraph 14.078. of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreemenrt. 6. Attached Documents The following documents ate attached to and made a condition of this Bid: a. Required BIDDER's Qualification Statement with supporting data. 7. Major Egnlpme~ ltems In connection with major items of equipment to be tirrnished and installed in this Project, BIDDER expressly agrees W the following provisions: a. That the Bid stated above includes the furnishing and installing of major equipment famished by the Supplier which BIDDER has selected froth those suppliers listed on the drawings. b. That the installed price of the equipmen includes the cost (if any) of changes in the structure, but7dmgs, Piping„ wiring, accessories, etc., necessary to accommodate the particular equipment proposed. 8. Address for Commnnkations Communications concerning this Bid shall be addressed W the address of BIDDER indicated below: Clint Dolsby, PE City of Meridian 660 East Watertower Lane Suite 200 Meridian, ID 83642 9. Defined Terms Terms used in this Bid which are defined in the General Conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. SlJBMiTTED an .'S '- 02 3 ~ ~' , 20~J State CONTRACTOR License No. i `~ ~ Z~ ~'RRR -~~ If BIDDER is: An Individual By (sEAL) (Individual's name) 74205 City ofMeridian Ciao A lteclaimai Wastewater 1)isit~tian and Distribution Improvements -April 3Q 2008 00301- 3 doing business as Business address: A Partnershtp By (SEAL) (Firm name) Business addt~s: ,~ Corporation By 51 /~~- C 5i name} LL G Q (Corporate Seal) Attest 1 ~ `^ / /1't S c- (s~~y) Business address: ~ ~ • ~©~ ~ S ~ ~. Joint Venture . By (SEAL) (Name) (Address) By (SEAL) (Name) (Address) NOTE: Each joint venturer must sign. The manner of signing for each individual, partrtership and corporation that is a party to the joint venture should be in the manner indicated above. END OF SECTION 74203 City of Mmidian Class A Reclaimed Wastevratgr DisiaEaction end Distribution Impsvvements - Apri130, 2008 00301- 4 ~ `~ 3 1i I~ ~ _ i 4~ ~ ~ ~ t ~ t ~ ~ ~ i d i ~ Fi ~, y; 'i~ ~ ~ ~ ~ i~ F ~ F I ,,~ i i ' { ~ ~ ~~ 1 ~ ~ 7 jt~ d- t t 33 6 ~ , ~~. '1 ~ :I 1 1 ' t=~ ~ ~ I it N ~tt f ~~ ~~ ~ ~ ~ ~ g , ', t ~~ 2 ~ ~ '_~ III t t §§§§ ~ f jJ JJ (] f ~ j ; i jJi ~ t~: f 1 ~ i i ' ~. ~. E f $'y ~~l i .~ ~ ~ f s~ ~ 3 ~ 11 i ~~ .. I'I {!'j1, t ,Il S ~N l ii ~ I ~ ~ ~~ ~ ~ l ~ 5555 pp (General partner) i ' ~, !1 I i BFI i ~ 1 I~~ IIi _~ ~+ ,,{{ ~(f {{I 1.! l e ~ .~ I :~i ~. t ! '.'. ;~, /rr.~~Nc7Z~ - (Tine) May 30, 2008 MERIDIAN CITY COUNCIL MEETING June 3, 2008 APPLICANT ITEM NO. 5-.I REQUEST Cross Access Easement Agreement for Emergency Services with Ten Mile Christian Church 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. ,, r j '~ ~~ ~{ j: ~I 4' r,: ~1~ ~ ,, ~'! ~~i. ~yy i . ~ f. 1 ~ ,~ i i ~ ; i t , ~.,~ „,. a ,F~ ,; .r ~a ~ ~~ ~r 1~~ ~ I~,~ ~ -~ ~ ~ ~ 4~ f .~ '.~ i ',~ ~ 4 r I } r; S i ~, ~ ~' d ~ ~ ~' ~, r ~ z Ili t ~. ~ ~ a.. ~ L i. f qq~ i 6`' j j s `~d' €i ~ .~~ f ~ i° -I '~ i y t1 ~ I, I ~. +~ ~ p 'i. E t!f i ~ r ~ i~ ~ F ~~ f i ;,, q. f 1 it f ~~ ~~~ M 7 ~ 4 ~~ J ~ 0~~~ i i~ ;~ ' 1 # ~~ ~ g;, i i r ~~ .~.. ~ ~ ~ ~ ~,. ~~ ii ~~ 7x; Z ~ i a ~ ~f~ ~~ a ,? ! ~,tie~; ~ ~ ~ ~ t a~ ~~ ~i } f P S ~ ' ~ i ~ E o l,: ~ # 7 T 1 f ~ ~, {p f( F ~P. - b~ ~~ i i ( a ~~ i f ~;~ .I ~,~ s f l]}! i [ ' ri ~ Christian formerly cherry lane chrlsHan r ~ P O Box 767 I Meridian ID 83680 I tenmilecc.com I 208.888.3101 Maly 27, 2008 City Clerk City of Meridian 33 E. Tdnho Ave, Meridian, Idaho 83642 Gentlemen: Pursuant to our .permitting process to build n new church nt the corner of Ten Mile and Franklin Roads, we were required to grant emergency access to the nd jncent property thot abuts our .parcel. AVEST Limited which owns the nd jncent property will in turn, grant #o the City, access through their property to ours.' Enclosed are the signed easements from Ten Mife Christian Church for City approval. Yours, . L'r0 L. Minister Cc: Craig @ Quadrant Consulting Encl. (3) "Equipping People to Worship, Learn ~ Serve' f i ~ I r z a ~ ~ ~, i - i ~ I '(~ r. i , ' ~.~ . , ~ y ~ i ~ v ,~ „ ~. ~ ~ r ~~ ' ~ a y a ~ f ~ f L s 6 Y t ~ r F I ~~ } k a e t P ~ s ~~ > ~` i- [~ . £ ! ! ~ i ~ ~ ~ I 5 ~ ~ i ~ ~ ~ ~ I : ~ < I ~ ~ ~ ~~ ~ ~, "'~~ ?~ i { ~. ~ ~ 'f ; z ~ ~, ~ ~ f I i ' I, ~ ~i~ ~ ~ ~ a ~ ~ ~ ,, ~ I~ ~ ~ i ~ , ~ i ~ ~ `~ ~ t ~ ~ is~ ~ ~ {{ ~ ~ ' I ~ ~'I i ~! _I j S [ ~ o ' ~ i s ~~ i rY r ir t 1f ~ ~ t ~ 1 ~ ~y ~ I I ~ ~ ~ ~' ^ Y si 1, i ~ I ~ ` i s ~~ ~ q~ 111 ~ f ~ F ~ r ~ .: ~ h r i ~ ~ 1~ ~ ~ i~ 3 ~~ I R t p g S ~ ~ '..~ 2 i++ j, J f ¢ j{ 1. ~k gp p~' _ ~ ;~ ~ 4 f ' '}, ~ ~ " fx ~ ~ ~ ~ 1 ~ Page 1 of 1 ~. Larry Woodard From: Larry Woodard Sent: Thursday, May 22, 2008 1:23 PM To: alien bates; Darrell Taylor, dnewberry~micro100tool.com; john greenlee; Lary Woodard; Mark Botsford; Steve Moore Cc: Craig@quadrant.cc; Steve Pardew; Diana Beahm Subject: Approval to Sign Gross Access Agreements 5/22/08 With Allen out of town, and Mark under the knife, this may take some time, but I am prepared to sign two cross access easements granting Meridian City fire and emergency vehicles access across our properly to AVEST storage. One easement is to use our access road from Franklin around the church and into Avest along our northern boundary. The other easement is a little 40' easement across our NW corner so fire trucks could get into their property off of Umbria Drive. I have coordinated with the Avest Engineer and we have the language all sorted out. They in turn will grant access to Meridian fire tricks, etc., through their property to our northern boundary in case we had an emergency. In accordance with our policy of leadership votes...please respond aye or nay. Dale Newberry ''e s s~zZ Allen Bates --~' Steve Moore cs y/z °~ John Greenlee - Darrell Taylor G~ y~z ~ Larry Woodard ve 5 S~~ y Mark Botsford ~S~ZY Larry 5/22/2008 ~~ ,,.. ,. ;~~ , ~;, ~~ ~~ '' '~ j`~ a ~~~ ~ '. ~4~ ~ . ~~ ~~ ~< °~ ~ ~:. ~~~ ~~. ~~~ ~, ~I '~ . ~, ~~,~; '; ADA COUNTY RECORDER J. DAVID NAVARRO Amounts .uu • ~ DEPUTY Vicki pje 08 1~~ ~~~ ~~~~~~~~~~~~~~~~~~1~~~~~~~'~~~~~ ~~~ RECORDED-REQUEST OF igg06S961 i '' ; Citq of Meridian for e this ~ 7~day of ~ 2008 between Ten Mule ~.nn'u~" This indenture, mad -~-- and hereinafter calf the Grantors, and ~ceallCed the Church, the party of the first part, of the second part, and hereinafter Meridian, Ada County, Idaho, the party Grantee. WITNESSETH: Grrautors desire to provide emergency services access tO ~jacent WHEREAS, THE articularly bounded and described; and landowners across the properly hereinafter p enc on ro currently owned by WHEREAS, in the case of a fyre~ alternative access to then property maybe required AVEST LINII'I'ED PARTNERS , by the Grantee; and the Grantors and NOW 'THEREFORE, in consideration of the benefits to be received by tors do hereby adjacent landowners, and other good and ve uab~~ ~y f~'~ ~ for use by ~ give, grant and conveME t~~ tag ncy p~e~o~el across the following described and other CITY OF property; (SEE ATTACHED EXHIBIT A) went hereby granted is for the purpose of free right of access across church The ease pmPeiiy at any and all times. HAS AND TO HOLD, the said easement and right-of-way unto ~e ~d tee, TO forever. it's- successors and assigns ee that they will not place or allow to be THE GRANTORS hereby covenant ; b~ or perennial shrubs or flowers within tie placed any permanent structures, cribed for this easement, which would interfere vv~~the uses Stl~~ herein- y area des rsonnel for p~ CITY OF MERIDIAN ~ and emergency pe ~: is ~; ,; ~ ~ ~ 11 is ~ ~ 11 ~ F ~ • J I..t .i I { ~ I t ~ ~ 'N7 ~ ` l f ~' s; fi j '~ ' ~ ~ t'' ~ r i - ~ ~, ~ '~ ~ ~ ~ ~ ~ ~ 1 } ,~ ~ E i t ~ ~ ~ ~, ~ ~ ~ 1 l ~ `` ~ I i ~ ~ b 9 J i s i ~ t~ : i F y { ~ ~ ~ ~ ~ ~ ~ E ¢ ~ ! `S f 4, i ~ ~ f ~, ~ ~ ~ ry ~ ,p S S I r tt S t it; ~ } ~. ~ ~ ~' a fi ~ ; ~, i. S I } r• k } j ~ ~ 1 g { j €~4i ~ ~ t i ~ ~ `° $ ~.! n ~ ! i ib . 1 ,-; ' ; f Z ~ -2- THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or iie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby grapted which lies within such boundary thereof or which is a part thereof; shall cease and become null and void and of no finther effect and that be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomever. IN WITENESS WHEREOF, the said parties of the first part have hereunto subscribed their signature the day and year first herein above written. GRANTOR Outreac Minister On behalf o the Corporation STATE OF II3AH0 ) SS County of Ada ) On this ~_ day of C~~ 2008, before me the un ersigned, a Notary Public in and for said State, personal y appeared ct. and know or identified to me to the Outreach Minister of the Co ration, that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand affixed my official seal the day and year first above written. a (SEAT,) NOTARY L C FOR IDAHO Resides at ~io~i t~. ~ ~ a..~o Commission expires: ~1-- ` $ - o?O 1 LI a. . q; ,~, . - - `~yo°~8I,1~,- - •.~ o~ io~- .~ t f): ~ J ~. 2 t r ~' ~i {~r: i ': i r 1111 ~ i 4 ~, i ~' ~: ~ ~. ~ t~ ' P E~ ~iE ~f S F j. ~.' ~ ~'L~' ~ $i. l ~ ~ a .. ~ . k ~ $ r ' ~ . per,: F~ ~ k `i 7 r 1 , } ~, ~ ~ x ~" c ' 1 ~'~ ~ 5 ~ ~~ i~ ~.. ~. c 1~~ ^ ) ~ k i ~ ~ ! ~ f ~ ' ~ j'~ ~ E ~ ~ 1 ~I a t ~ i ~' ~ ~ ~ d f { I k r ~, ~~ ~ ~ i k < < ISM .i ' . ~ ' GRID NOR7H l.BP.C.B, wESr ZONE (NOT m scacE) ~i ~~ J ~~ . . `~- .ponwr of assn~mmvc 1 UNE TABLE' UNE BEORING DISTANCE L1 N ~3` "E 29.33' ~ B26'S1'~ 9 36' L3 S46~5'12°W 41.50' 1 r~~ ` E 1/4 CORNER, SEC770N 10 ~ FOUND BRASS CAP MONUMENT e:~ CORNER RECORD 103212098 ~~ 2 SE CORNER ~C710N 10, g FORMERLY MONUMENIID BY ~ ~ (~ A 5/8° S7ff1. PIN, CORNER o ~- RECORD 8725755: FOUND ,,, I '~ S 1/4 CORNER, SEC710N 10 ~ ~ ~~~ ~ X18 ~ N FOUND BRASS CAP (NOT ACCFP7ID) MONUMENT (ILLEGIBLE), CORNER RECORD 8951331 POIINT• OF COafl991TCD1TG `. ~_ ~ _, 108204' ,_ ,155860._ ~/ ~ N89'15'24°W 2640.84' FRA11T.~,II1T ROAD c. a- jai ~~. i ~~~d,C1~1.C 3505 W Elder Sb+eet . 8ut~ ~ arose, m ss~os 20&342.5400 Fax.20&342-5363 uvanv uvhpedfl~com SKETCH FOR T1' A A PARCEL OF LAND LOCATED IN THE SE 1/4 OF THE SE 1/4 OF' SECTION 10, T. 3 N., R. 1 ~, BOISE MERIDIARi, CITY OF .MERIDIAN, ADA COUNTY, IDAHO 2008 10729 ~~~~_~ P. E ';-. e y. :1 V `. ' 3 I: 5 k ~~ P `3 .' i y i T` 1 F gg ~ E R k AOA COUNTY RECORDER J VID NAYARRO AMOUNT .00 ~ 8 i BOISE IDAHO 06106/08 1011 OEPUTY Virdd Allan RECORDED-REQUEST OF III IIIIIIIIIIIIIII~IIII~llllllll I III , Clip of Meridian Space for recording CROSS_ACCESS EASEMENT FOR EMERGENCY SERVICES This indenture, made this ~~day of ~ 2008 between Ten Mile Christian Church, the party of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee. WiTNESSETH: WHEREAS, THE Grantors desire to provide emergency services access to adjacent landowners across the property hereinafter particulazly bounded and described; and WHEREAS, in the case of a fire or other emergency on property currently owned by AVEST LIMITED PARTNERSHIP, alternative access to their property may be required by the Grantee; and . NOW THEREFORE, in consideration of the benefits to be received by the Grantors and adjacent landowners, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for use by fue and other CITY OF MERIDIAN emergency personnel across the following described property; (SEE ATTACHED EXIIIBIT A) The easement hereby granted is for the purpose of free right of access across church property at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of the easement by CITY OF MERIDIAN fire and emergency personnel for the purposes stated herein. s ~# N ~ ~^ ~i' t'. C ~r i ~ y. ! ~T~- y ~ ' q ~ '~ ~ _ t G ~ ~ K b a ~~, i. ; 3 - k J 1. y5 '~ i '~ ~ ~ 7~ '~ ~ ' l ~ } j .' ~ ~ rrrr . F ~ ~ tt ~4 ~ jy~} r r ~ _ ~ ,~ d 1, p¢ A g ~1 I ; 1 ~ 33 ) ~ t 2 1 ~ ii ~~ i ~ 1 ~ ~ pF 4 ~ ~ ~, ~ q ~ S ~ E ' $ j' i' ~' _ E ~ R S ~ ! lt~s ` s ~' i i a !~ ~ ~ ,: F ~~ y ~ ~ ; ~ t ~ i ' I ~ ~ ~ ~ ~ E+ i ~ , V ~ ~, t' 4 a, g t ~ . i ~ ~ ~ $~ ~ A ,?i 4 I ~ 4 i~ i ~~ ~ # ~~, ~ ~ d Fl ~ '~ i ~~~ ,. _ , ~~] 5 ~ ~ ~ 'd ~ ~ I - 5. ~7 ~ ~ ~ ,~Ff ~ y ~.' i` ~ , t' 5 1 ~ ~~ ~E~. ~ -2- THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby grated which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and that be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomever. IN WITENESS WHEREOF, the said parties of the first part have hereunto subscribed their signature the day and year fast herein above written. GRANTOR Outreac . Munster On behalf o the Corporation STATE OF IDAHO ) SS County of Ada ) On this o~''1 day of ~ ~.`~ , 2008, before me the undersigned, a Notary Public in and for said State, personally appeared ~~azr t'.~ ~~~!~' ~ and know or identified to me to the Outreach Minister of the Corporation, that executed the within instivment, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand affixed my official seal the day and year first above written. R ~S~) NOTARY LIC FOR IDAHO Resides at t'f1n ~~ , a ~ ~. ~. Commission expires: y' ~ 1 S - a?D l ~ t ~ ~ ~,: ~ 3 ~,, ~ ~.~ ~~ ~~ ,~ e f IE~ ' ~i #i1 ', t r ,~ I; f r' ~: ~ ~ ` 4 ` r ~ ;" ~~ ~; f ~ ~ ~E ~ ~~ R ~~ ~ ' ~~~ ~ j ~ ~ i` I € ` t ~ f~ ` r ~ ~~ ~t ~ ` ~ ~ ' ~ iC4 'df- 71 : ! ~t E ~~ : ~ f '+ ~~ s` a 3-t! s i ~} r ~ ~ ~! '. ~ 4 a ~ y i ~ ,~ yr ~; f ~ ~1 L ~! GRANTEE: CITY OF MERIDIAN Tammy de W yo .~~~ a ~p01~ ~''~ O = AL A by ycee ohnan, City Clem ~ = -~, ~~~ ~. Approved By City Council On: ,..Jt-1 t' ~~~~` ~~i srtY ~~ _.• STATE OF IDAHO, ) r~ . ss. County of Ada ) On this 3~ day of SIAM- , ZO ~~fore me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor aad 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. I•N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .•' 1Ji G~y,•.. ~ti : '0`rA~~~!ji~ i (SEAL} ~ ; '~ . . . . i ~. : ~i ~ ~. ~:~~'E~ OF~..• Water Main Easement F' f ijr~ OTARY PUBLIC FOR IDAHO Residing at: CO~Lf-~ ~ p Commission Expires: l Q -t ~ -t 1 _ easmt wtr main ~ T ~ F t e' ~ i ~ ~' ~~ ~ t ~4 ,~ ,~ ~ ~ ~ ~ i. ~ ~ t ~ t ~ f i ~ i IF ~ 1 ?~ ~ ` ~ r f ~ i ~ I y 4~ ~ Y j l 9 4 } ~ ~ 1. ~ k t 1 ~ ~ K d~ ,; ~ ~ ~ EXHIBIT A Legal Description -Ten Mlle Christian Church. inc. Property, Cross Access Easement A parcel of land located in the SE 1/4 of the SE 1/4 •of Section 10, Towru3hip 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particmlarly descn'bed as follows: Commencing at the SE Comer of Seriion 10, formerly monumented by a 5!8" Steel Pin (Comer Record instrument Number 8725155), said Point of Commencing Irving North 57°p4"26° 1Ale~t a distance of 0.27 fit from a found Brass Cap Monument (Comer Record Ir~trument Number 106188618), said Point of Commend also being South 89°15`24° East a dance of 2640.84 feet from the S 1/4 Comer of Sec~iion 1.0, monumented by a found Brass Cap Monument (Comer Record Instrument Number 8951331), said Point of Commenang alp being South 00°52'05° West a dstance of 2646.17 feet from the E 1/4 Comer of Section 10, monumented by a found Brame Cap Monument (Comer Record ln~rument Number 10321 Z098); Them North 89°15'24° West, coincident uvith the southerly line of the SE 1/4 of Section 10, a d~tanca3 of 985.59 feet; Theme North ~°44'36° East, perpendiailar to the southerly line of the SE 1/4 of Section 10, a distance of 25.Q0 feet to fire POINT OF BEGINNING; Thence northerly on anon-tangent curve to the left an arc distancx of 23.08 feet, said curve having a radius of 32.00 feet, a central angle of 41°1'9'50°, and a cmord gearing North 21°24'42° East a distance of ?2.59 feet; Thence North ~°44'4T' East a distance of 135.25 feet to a point of curvature; Thence northerly on a tangent curve to the left an arc distance of 16.32 fleet, said curve havir~ a radius of 22.00 Meet, a central angle of 42°30'16°, and a chord bearing North 20°30'21 ° West a distance of 15.95 feet to a mint of reverse curvature; Thence northerly on a reverse cwrrre to the right an arc dis~nos of 8:1.78 feet, said cwve having a radius of 46.50 feet, a central angle of 103°13'34°, and a dtoni wring North 09°51'18° East a distance of 72.90 feet to a point of reverse curvature; Thence northeasterly on a reverse curve to ~e left an an: distance of 15.14 fit, said curve having a radnrs of 22.00 fleet, a central angle of 39°26`30°, and a cfroni bearing North 41°44'50° East a d~tanoe of 14.85 feet to a point of non-tangency; ri ~' , ~~~~~ C F'x~ }1pt!~ 1 ~' fll5 !!1:7 F s p ~ fl ~~~ •~ ~~I i ~' .; 3 F ii r; }}k , t r k 1 1 i ,T I T f } - i ". ~; "' ~• i ~' 4 S-. t ~~ i gg t C! ~; E ~ i ~ ~ i I I i !. •. i. i. 1 .. ~ Thencre Nortfi ~°44'4T East a distance of 286.06 feet to a point of non~angent curvature; Thence easterly on a non-tar~ent curve to the left an an: distance of 228.85 feet, said curve havir~ a radius of 432.50 feet, a central angle of 30°19'00°, and a cord bearing North 77°19'38° East a distance of 226.19 feet to a poirrt of compound curvature: Thence rrortherty on a compound curve to the left an arc drsNu-oe of 54.91 ipet, said cxrrve having a radius of 37.50 teat, a~ centre! angle of 83°54'12°, and a c~rord treating North Za°13°02° East a distancre of 50.14 feet to a point of tangency; Thence North 21°44'04° West a d of 231.82 feet to a point of curvature; Thence northwesterly on a tangent curve to the left an arc distance of 45.21 feet, said curve having a radius of 37.50 feet, a cetrrtral angle of 69°04'09°, and a chord gearing North 56°16'06° West a drstanoe of 42.52 feet to a point of tangency; Thencre South 89°11'47° West a d~tance of 9.72 f~ Thence North 00°48'13° West a distance of 26.00 feet to a point of non~angent cwrvature; Thence northeasterly on anon-tar~errt cwnve to the -left an arc distance of 43.67 feet, said cxuve having a radius of 28.00 feet, a central angle of 89°21'56°, and a chord bearing North 43°52'45" East a distance of 39.36 feet; • Thence North 00°48'13° West a distance aF 151.45 feet to a point on the northeriy tine of the paroel conveyed by warranty deed to Cherry Lame Christian Church, inc. on November 17, 2003, ret:orded November 21, 2003, Instrument (dumber 103195845, Ada County Recorder Records; Thence South 88°26'51° East, coincident with said northerly lure, a distance of 29.00 feet to a poir~ Thence South 39°23'27° West a d'tsthnoe of 13.91 feet;. 'Thence South 00°48'13° East a distance of 167.73 feat to a point of to a point of curvature; Thence southeasteriy on a tangent wtve to the left an arc drstartce of 21.43 feet, said curve having a n3dius of 28.00 feet, a central angle of 43°51'38°,. and a cord bearing South ?2°44'02° East a distance of 20.91 fit to a poirrt of r©verse curvature: ~ s ~. ' C~ ~ , 'i ~ i S, £.t~ ~ ~ 1 ~ r 9~._ A vz y, p 'c p i j ~ I ,I ' F ~,3 ~ ' • r { i t~: ~ ~ k y, ~ ~ e ~ ' 4 ;~ Y ~ ~ g h i f'. ~ ~ s l i >- a I ., j s ~~ ~ ~~,~ { 7 ~ , b ~ _ ' ~ r ~ ~ ~ ~~ ~ y ,~ M ~~I ~ ~ ~ } i.1y I F. s ~ ~ : . ra i~ ~ ~ :~ ~ (;; y ~„ ~ ~ i~ ~ ~ a ~ 1~. . .i f >; ~ .{~ j ' ~ ~ 1 t~ ~ ~ } y ~Y " Y t ~ ~ ~ 1~ t, I t ~ f ~ 't O ~ i ~ 14 ~ ' , { ~r~} ~ I ~ ~ 1 ~ ~ ~~s i ' ~ rz ~~ l: ~~ ~~ ' ~ ~ ~ ~ ~ " ~ ~ .1 ~~ 1~ ~~~ ~ ~ t ~ ~~Y c ~ ~~ ~ }' 1 . i. ~ ~ ~ _ , ~ ~, ~ ~ ~ ~ 1 ~ t; ~ t~~ ~ ~ i~ ; ~; r ~ f ~ ~ ~ ~~ `i{ . ~~ ~ 1 ;T { .~~1 1 ~f~ ~ ~ r~.~ _ Y 1 Thence southeasterly on a reverse cxwe to the right an arc distance of 25.41 feet, said airoe having a radius of 63.50 feet, a central angle of 22°55'47°, and a choral bearing South 33°11'57°East a distance of 25.24 feet to a point of tangency; Thence South 21°44'04° East a dtdance of 231.82 feet to a point of curvature; Thence southerly on a tangent carve to the right an arc distance of 92.99 feet, said curve having a radius of 63.50 fed, a central arEgie of 83°54'12°, and a' cord bearing South 20°13'02°. West a disthnce of 84.80 feet to a mint of compound curvature; Thence westerly on a compound curve to the right an arc distance of 208.58 feet, said cx~rve having a radius of 458.50 feet, a cerrtral angle of 26°11'23°, and a chord wring South 75°15'49° West a distance of 207.7fi fit to a poin# of reverse auroature; Thence southwesterly on a reverse curve to the Ieft an arc distance of 9.94 feet, said curve having a radius of 6.50 led, a central ang~ of 87°38'44°, and a Nord bearing South 44°33'09° West a distance of 9.00 feet to a point of tangency; Thence South 00°44'4T West a distance of 253.76 feet to a point of non~angent curvature; Thence southeasteriy on anon-tangent curve to the left an arc distance of 15.14 feet, said curare having a radius of 22.00 feet, a central angle of 39°26'30°, and a chord bearing South 40°15'1fi East a distance of 14.85 feet #o a point of reverse curvature; Thence southerly on a reverse auve to the r~ht an arc distance of 91.20 feet, said verve having a radius of 46.50 feet, a central angle of 112°22'25°, and a choral bearing South 03°47'19° East a distance of 77.27 feet to a point of reven3e cwvature; 'Thence southwesterly on a reverse carve to the left an arc distance of 19:83 feet, said curve having a radius of 22.00 feet, a central argyle of 51°39'07", and a chord bearing Soutl~ 26°34'20° West a distance of 19.17 feet to a point of tangency; Thence South 00°44'47° West a distance of 114.86 feet to a point of curvature; Thence southeasterly on a tangent curve to the left an arc distance of x.27 feet, said curve having a radius of 32.00 feet, a central angle of 90°00'11°, and a chord bearing South 44°1°5'19° East a distance of 45.26 feet to a point of tangency; Thence South 89°15'24° East a distance of 100.06 feet; Thence South 87°27'15° East a distance of 66.02 fed to a point offsd 25.00 feet perpendicular from the southe~fy line of the SE 1/4 of Section 10; I ~' ' .~ - b ! ~ ~+ J} _ + ~ 4 ` j ~I f ~ L ~ 1 ~ y ~ t ~ ~ f ~~ ~ ~ ~ i ~ E ~ (' ~ ~ { - 5* q ~ 1 ! F t ~ j ~ t ~'~ ~, ~. . Rl + ~ F I t S s - { ~ ~ 't ~~ ~ ;~ ~ k ~. ~ " ^ 2h } j L t } i ~ !~ / 15. .I ~ { ~ 7 ~ E` '' ~; i P 7 { r ~ ' 1 I ? ~ P~ t i _ ~_ } S k t 1 '.' k 111 ~ S 2 7w $ , E ; ~ t t ~ 1 ~ 4 J ~ j {' ti ~ k ~ ~ f `1 g ~ ~ 7 i 1 ` } . ~ ~~ ~ [ .E I~ ~ ~ 3 § ] as 1~ ~ 444; g ~ t : 7 ~i'. E , r ~ : 1 i t 4 f ~ ~ ' b 1 4 f ~ ~ ~~ ~ o- ~~ k 4 ~ ~, {y! a~ , ({ } r t ~ 1 1 { ~ ~ ~ r Y l ~ ~ ` S ~Yi i ~' ~~ ( t r; l ~ ~ ~ ~ ~ it ` ~, ~ i 1 1 ' S t ! ~ ~ ~ ' ~ ~ ~ •~ tf i p (( ~ ~ ~ F t S (( ~~ ~~ ~ ~ 2 j }. ff b ! ~ ~ ~ 5 ~ ~, . i . r ~ ~ SKETCH FOR II~IT A A PARCEL OF LA1VD LOCATED IN THE SE 1/4 OF THE SE 1/4 OF SEC~'ION 10,T. 3 N., R. 1 W., BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2008 N GRID NORTH LSrP.a~, WEST ZONE (NOT 70 SCALE) V arRV E rdAl F CLtRI/E' DELTA .RADIUS ARC C1~L BRG. CFIORD C1 41 8'50° 3 23 N2f 4'42°E 59' a ~ 9s° a' 18. N2D f° - f5.8 / W ~ ° . ' W. . C4 6'30° 2200' 14' 14 C5 9' 50' 8' CB 'f 91' NZ 02° 14' C7 • 7 2. C8 43.87' 38. C9 43'5 ' 00' • , 010 .50' 4 ' ' Cif '12° 63. ' 0'12 1'23' 09. '15'49°W 07 76.' Cf3 .8738'44° 50' 8.84' 'W 8 ' 014 S& 4 015 1 9~ Cf8 5 ' 7° ?2 1983' S28 ' °W 1 .17' Cf7 1 6027' .7599 -' N E 1/4 CORNER, SEC710N 10 ~ FOUND BRASS CAP MONUMENT ~ CORNER RECORD 103212098 C4 Ci 4 sE CORNER SECnON fo, ~ V ~ ~ FORMERLY MOANMETY7ID BY ° ~ A 5/s' S7EII. PIA COR11-EItR RECORD 872$1550 FDUND N BRASS CN' MONUl6:.NT. ~ ~c C2 016 coRNER RECORD fo616esfs $ ~ w ~ ~ (aOr acxEp~ED) v, C1 '' C? 7 ~~, of ooa~cnvo I Ll4 Lis ~ ~ 1875 05' Li _ NB975'24°W 965.59` ~' ~- ~ S8975'24'~L ~ B 284464' S 1/4 CORNER. SECnON 10 ~~ av~ FOUND BRASS CAP MONUMENT ,(ILl.EC~BLE), ®~ p0~' OF BEG~NNDVG CORNER RECORD 8951331 a i ~~~d,CI~C 3301 w ~s~. ~ 20D ~~, ~ ~~ x&342-5400 Fax208,342-53b3 uwnuuwhpa~Rcoom LMtE TA81E LINE BEARING LEAIGIH L1 ° 00' L2 '4 135.25' L3 %1. 86 !4 N2f' . °W ' L5 589 ' 7°W ' Ls N00'48'f3°W oo' L7 0048' f. L8 '5 ~ ' 19 , ua fs . 3' L11 ` '04~ .ffi' u2 , L13 ~ 4 B' L74 5'2 ~ OQ ' L15 66 ' ue a o ' ~ ~ r i ~ j ~2 ~ . y 1 i Y i k ~~ g x ~ J~ i ~ r. ~7 6 S iY E t ti~. ~ ~ l ~ f _ ' ~.~ ~ a Y ~ ik ~ 1 ~ t ~ i f i ~ _ i r `~ ( r ~ ~ _ - 1 I't, .raj ! ~ u H 3 2 ~ ~, ~ a ~ t F ' ~ ~ ~ ~1 ~! ~s~ ~ ~ z !~ ~ f ~l a ~.t ~.l4 ;'~ k„ ~ ~ ~ ~ ~ ~ r~ ~~ 3 I ~ E ~- ~ ~ h k i h E ~ ~ ~ >~ ~.~~t ~p ~ S. ~li~ It~ f. ~ . ~_ i~ r ~ jj f [ V F 1 ~ ~. ~ ~i ~ ~ . , i 1 4 fr (F 4~ i i j ? ' ~. ~ , # 4 k ~' ~` , ~ t } ~ t ~ ~ ~ ~ j~ ~ ~ I I~~ i. f " { ~.~. ~ t t i~ ,i+ ~ ~ Q ~i ~ b f q i ~ I ~ ~ i 9 ~ ~ ` y ~7 ~ ~ } 1;F ~ t { ~; ~ ~~ ~ ~ i ~ r { , . i r~, a 4 s s I ~ ~ l 1llliY ;.l I ~, ~ ' k x 1 ,' ~ , ~ i f s~ * ~~ ~ ~ { ~ ' ~ ~ t ~ (( yy r ~p ; ~ ~ ~ F ~ : _ L8 ~'~ L9 ~tt° c8-~1 t~ c9 ~~~ 010 ' ADA COUNTY RECORDER J AVID NAVARRO AMOUNT .00 6 BOISE IDAHO 0B/06108 1~M DEPUTY Vlcld Allen ~II IIII'IIIII~IIIII'IIIIIIII~III I'll RECORDED-REQUEST OF 1080659~~ Clay of Meridian Space for recording CROSS ACCESS EASEMENT FOR EMERGENCY SERVICES This indenture, made this ~y of ~, 2008 between Ten Mile Christian Church, the party of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee. WITNESSETH: WHEREAS, THE Grantors desire to provide emergency services access to adjacent landowners across the property hereinafter particularly bounded and described; and WHEREAS, in the case of a fire or other emergency on property currently owned by AVEST LIMITED PARTNERSI-IIP, alternative access to their property may be required by the Grantee; and NOW THEREFORE, in consideration of the benefits to be received by the Grantors and adjacent landowners, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for use by fire and other CITY OF MERIDIAN emergency personnel across the following described property; (SEE ATTACHED EXIIIBIT A) The easement hereby granted is for the purpose of free right of access across church property at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of the easement by CITY OF MERIDIAN fire and emergency personnel for the purposes stated herein. i t , ; ~, ~i ; ;. E~}}: ~ ~ 'r' a b 1I f ed' I ~ ' ~' !I ~ i~ '~~ ~ ~ ~ F I~ ~f ~ ~ ' ~ ~S is y ~'.. ~~ ~~ ~~ k S ~, ' ~I i ~ + ~ ~ f•5 ? ~ i; ` ~ ~ : ~ ~ ~ ~ 1 ~Fi ' ail ~t'. i EE t4~, i s ~, ,~ ~ ;:~ ~'~ )~ } ~~ ,r ~ I ~ k~, ~ t ~ !; ~' ~ ~ k k µ ~~~. fFF ~ 3 ~ ~ k I._ k_ ~l - ~ i ~~- k 6p ~~i ~ i ~ { 4 , j ggpa tt j p ii 3. y ~ , i ~I y l a ~ ~ ~ ; ~;~ ~~ r ~ ~ I I ~ i~ js F t4, ~ ~ fifi ; s $ ~ ~. I r } t s ~ ~ ~ e A. it~ ~ 't: ~'I ~ , , Vii; ~ 7' ~ ~ 'i : ~ & ~ I': I C F 7 1 I~ E ~ Y : 1 ~ 1` s. i-~: ~ 1 3 ~.'~~ ~. ~. ? ` ~ ':~ f - ; ~ ~ -. s f i ); i 6. c ~ ~ ~ ~' ~ K! F: s . :. ~ - ~. ® • -2- THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and that be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomever. IN WITNNESS WHEREOF, the said parties of the first part have hereunto subscribed their signature the day and year first herein above written. GRANTOR Outreac Minister On behalf o the Corporation 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 ~ r c' ~ 1~1 ~ (~ ~ ~ and know or identified to me to the Outreach Minister of the Corporation, that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand affixed my official seal the day and year first above written. (SEAL) NOTARY LIC FOR IDAHO Resides at x'11®.~cb rte ~ ~ 1 ~ a. ~ ~ Commission expires: ~' - i ~' ` ~C~ I ~ Tammy de Approved By City Council On: • STATE OF IDAHO, ) . ss. County of Ada ) On this 3~ day of Su~~ , 20fore me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and aclmowledged 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. ®o® . ~'.r~~®e® • Q~'~'®`L A~ ~, o (SEAL) ~ °~' '~° ~' ~` ~ ® ~ a ® ° r ~ a l ® o e i • e i ~` s ® '~<Js',1®O ~4•' Water Main Easement 4~~ .f~ OTARY PUBLIC FOR IDAHO Residing at: CO~,f(!~t_ ~ l ~ Commission Expires: l V -~ 1-1 I easmt wtr InaIn {+ 1 t± 3 ' C ~ 1 e i fi ~ ~ I' ~ M T ~ 1 :~ ~ 4 \ tP l y 55 } ~ ~ ~ ~i Y (y } + y ~ + _ ~ / ~ iy k ' ~ J t t 4 ~ ~' ~ i ' Y P a ~ `G ~ } ~ ! 3 e j 4 t t~y ~ R ~ i K S ~ ! ' g~g i~ ~ ~{ ~ i ; & ~ 4 t ~ '~ i if 1 ~ t ~ ~~ ~~ 's' of F- ~ ~ f ~ 1, I~ ' ,f~ f ~3 ;~ ~ ~ ~ i ~ ~ i x '.~ ~ ~7E[t~ ti. ~ ~ ~ , ~ , ~ i, ~ i~ ~ f~, j ~ ~ ,.i ~ ~ ~ I ; ~ ~ ~ ~, ~ ~ } _ I I ~ i~ ~ ~~ t; i ~ ~ ~; ' a i p GRANTEE: CITY OF MERIDIAN • EXHIBIT A Legal Description -Ten Mile Christian Church, Inc. Property, Cross Access Easement A panel of land looted in the SE 1/4 of the SE 1!4 of Section 10, Township 3 North, Range 1 West, Boise llAeridian, City of AAeridian, Ada County, Idaho, more particularly described as follows: Commencing at the SE Comer of Section 10, formerly monumented by a 5!8" Sleet Pin (Comer Record Instrument Numl~r 8725155), said Point of Commencing being North 57°04"26" West a distances of 0.27 feet from a found Brass Cap Monument (Comer Record Instrument Number 10616'8618), said Point of Commencing also being South 89°15'24" East a distance of 2640.64 feet from the S 1!4 Comer of Section 10, monumented by a found Brass Cap Monument (Comer Record instrument Number 8951331), said Point of Commencing also being South 00°52'05" West a distance of 2646.17 feet from the E 1!4 Comer of Section 10, monumented by a found Brass Cap IVlonument (Comer Record Instrument Number 103212098); Thence North 89°15'24° West, coincident with the southerly line of the SE 114 of Section 10, a distance of 965.59 feet; Thence North 00°44'36° East, perpendicular to the southerly line of the SE 1/4 of Section 10, a dtstaroce of 25.00 feet to the POINT OF BEGINNING; Thence northerly on a non-tangent curve to the left an arc distance of 23.08 feet, said curve having a radius of 32.00 feet, a central angle of 41 °19'50°, and a chid raring North 21°24'42° Eas# a distance of 2259 feet; Thence North ~°44'47° East a distance of 135.25 feet to a point of curvature; Thence northerly on a tangent curve to the left an arc distance of 16.32 feet, said curve having a radius of 22.00 feet, a central angle of 42°30'16°, and a chord bearing North 20°30'21" West a distance of 15.95 feet to a point of n~rerse curvature; Thence northerly on a reverse curve to the right an arc distance of 83.78 feet, said curve having a radius of 46.50 feet, a central angle of 103°13'34°, and a chord raring North 09°51'18° East a distance of 7290 fast to a point of reverse curvature; Thence northeasterly on a reverse curve to the left an arc distance of 15.14 feet, said curve having a radius of 22.00 feet, a central angle of 39°26'30", and a chord bearing North 41°44'50° East a distance of 14.85 feet to a point of non~angency; ~' • Thence North 00°44'47° East a d'~stance of 286.06 feet to a point of non-tangent curvature; Thence easterly on a non-tar~errt cave to the left an arc distance of 228.85 feet, said curve having a radius of 432.50 feet, a central angle of 30°19'00°, and a chord bearing North 77°19'38° East a distance of 226.19 feet to a pourt of compound curvature; 'Thence northerly on a compound curve to the left an arc distance of 54.91 feet, said curve having a radius of 37.50 feet, a central angle of 83°54'12°, and a chord bearing North 20°13'02° East a distance of 50.14 feet to a point of tangency; Thence North 21°44'04° West a distance of 231.82 felt to a paint of curvature; Thence northwesterly on a tangent curve to the left an arc distance of 45.21 feet, said curve having a radius at 37.50 feet, a central angle of 69°04'09°, and a chord bearing North 56°16'08° West a distance of 42.52 feet to a point of tangency; Thence South 89°11'4T' West a distance of 9.72 feet; Thence North 00°48'13A West a distance3 of 26.00 feet to a point of non-tangent curvature; Thence northeasterly on anon-tangent curve to the left an arc distance of 43.67 feet, said curve having a radius of 28.00 feet, a central angle of 88°21'56°, and a chord bearing North 43°52'45" East a distance of 39.38 feet; Thence North 00°48'13° West a distance of 151.45 feet to a point on the northerly line of the parcel conveyed by warranty deed to Cherry lane Christian Church, Inc. on November 17, 2003, recorded November 21, 2003, Instrument Number 103195945, Ada Cour~iy Recorder Records; Thence South 88°26'51° East, coincident with said northerly line, a distance of 29.00 feet to a poir~ Thence South 39°23'27° West a distance of 13.91 feet; Thence South 00°48'13° East a distance of 167.73 feet to a point of to a point of curvature; Thence southeasterty on a tangent curare to the left an arc distance of 21.43 feet, said curve having a radius of 28.00 feet, a central angle of 43°51'38°, and a dwrd bearing South 22°44'02° East a distance of 20.91 feet to a point of reverse curvature; ~~r`~' Sli~7; ; i#C~~ ~: i' #~ ~i~ i ;. y , '_ V 1 t f; i~ { ` +~' k ±~~ fF ryry 9 i ~ ~F t t4 ~~ ~ ~~ ~ ` f 'Y c'.?i ;! ' ,, 3 ( 1i ~,~ ~, 4 ~ ~~ ~~ ~ ~ ,i 4 .~ ~ ' ~ ~ ,. • Thence southeasterly an a reverse curve to the right an arc distance of 25.41 feet, said curve having a radius of 63.50 feet, a central angle of 22°55'47", and a choral bearing South 33°11'5T East a dstance of 25.24 feet to a point of tangency, Thence South 21°44'04" East a distance of 231.82 feet to a point of curvature; Thence southeriy on a tangent curare to the right an arc distance of 92.99 feet, said curve having a radius of 63.50 feet, a central angle of 83°54'12", anti a' chord bearing South 20°13'02°. West a distances of 84.90 feet to a point of compound curvature; Thence westerly on a compound curve to the right an arc distance of 209.58 feet, said curve having a radius of 458.50 feet, a central argyle of 26°11'23", and a chord bearing South 75°15'49" West a distance of 207.76 feet to a point of reverse curvature; '{"hence southwesterly an a reverse curare to the Left an arc distance of 9.94 feet, said curve having a radius of 6.50 feet, a central angle of 87°36'44°, and a chord bearing South 44°33'09" West a distance of 9.00 feet to a poirrt of tangency; Thence South 00°44'47° West a distance of 253.76 feet to a point of non~angent curvature; Thence southeasterly on anon-tangent curve to the left an arc distance of 15.14 feet, said curare having a radius of 22.00 feet, a central angle of 39°26'30°, and a chord bearing South 40°15'16° East a dtstance of 14.85 feet to a point of reverse curvature; Thence southerly on a reverse curve to the right an arc distance of 91.20 feet, said curie having a radius of 46.50 feet, a central angle of 112°22'25°, and a chord bearing South 03°47'19° East a distance of 77.27 feet to a point of reverse curvature; Thence southwesterly on a reverse curve to the left an arc distance of 19.83 feet, said curie having a radius of 22.00 feet, a central angle of 51 °39'07", and a chord bearing South 26°34'20° West a distance of 19.17 feet to a point of tangency; Thence South 00°44'47° West a distance of 114.86 feet to a point of curvature; Thence southeasterly on a tangent curve to the left an arc distance of 50.27 feet, said curve having a radius of 32.00 feet, a central angle of 90°00'11", and a chord bearing South 44°15'19" East a distance of 45.26 feet to a point of tangency; Thence South 89°15'24" East a distance of 100.06 feed Thence South 87°27'15" East a distance of 66.02 feet to a point offset 25.00 feet perpendicular from the southerly line of the SE 1/4 of Section 10; ~i e • Thence North 89°15'24° West, parallel with and offset 25.00 feet norther{y from the souther{y line of the SE 1/4 of Section 10, distance of 255.02 feet to the POINT OF BEGINNING:. The area described above contains 42,037 square feet, more or less. Basis of t~arings is Grid North, Idaho State Plane Coordinate System, West Zone. u~ # ~ ~ ~ r ' ~ '~~~ ~ ~ ,~ ~ ~ ~ ! t 1 4 ~, ~ ~i ~ i ~ ~ ~ 9 ~ i { k ( ~ ~ ' S ~ ~i' ~ E:I ~{ ~ z ~~ G~ j~ v- ~` r ~ 1 ~~~ ~~ s~ ; ! t C' ~ Y , " f ?3 << ~ , s {{ ~ I r r ~ ~ ~ ~ y ~~ r 3 p ,~.+ , ~ ~' ~ I r Di i~ t k r i } ~ s ~ ~ ~ ~ y ~ ~. ' ` '~ '' ` ti ' ca ~~';~ f iiti ~ ~'S ` r f s ~ r~ ~:} 1 ~t ~ 4 ~2 E~ ~ ~ ! ,~ ~ ~~ ~~ t ~~ 3 ~ E ~ -~ ~ ~ ~ ~1 j, ~ ~~r 3 ~~ ~ r: ~ °i ~ Z' 4 . y~ ~ ~ ~~ -~ c I i ~j ~ . I ! { ~(~ r ~ . i ~' 1 '.' ~ r2 ~. t ~2. ~ ~ ~ j ~ ~ (( }!}! _~ ~ ~ ~ i ~~ ~ , ~ ~ ~ ~ ~ ~~ ii2 C 71 Z ~ ~. f C ~ ~,1 1 11 {{` y f 1 C. 1 ~ ~ 4f t 1 ~ fiMK ip i~ ~ ~j- I.~ i, 1 'I ~ ~I ~ ~ 4 !' , i ~} ~ j ~ - ~ ~ tti _ S SKETCH FOR EXHIBIT' A A PARCEL OF LAND LOCATED .IN TAE SE 1/4 OF THE SE 1/4 OF SECTION 10,T. 3 N., R. 1 ~, BOISE ME'RIDIA.N, CITY OF .~rLER1DIA.N, ADA COUNTY, IDAHO 2008 N LB ~~0. L9 ~~~° GRID NORTH I.SP.~~, I ~ WEST ZONE (NOT TO SCALE} C8 ~rr~ ( C9 L C7 / ,~ry ,J ~\ ~~~~~ C5 .,-''~~ c~ CURV E TABLE CURVE DELTA RADIUS ARC CH. BRG. CHORD ~ 4179'50° 32.00' .OS' N2724'42°E 22.59' C2 423076° ' 6.32' N203021°W 15.9 C3 0373'34° 83.78' N 3 ' 8°E 9 ' C4 39~8'3D° 2200' 514' 1' '50° 4 ' C5 3079' 43250' 85' N 9'38° 6.1 ' CB 8334'12° 37.50' 54 91' N2 3'02°E 5014' C7 ~ '08° .50' 567 2 2' C8 B ° .0 ' sr N4332' 39.38' C9 331'38° 00' 27.43' '02°E 20.9 ' C10 22"55' 7" .50' 47' 53371' 2524' C11 8334'12° 83.50' 82. S2073'02°W .90' C12 287 23° 45550' 209.58' S7 75'49°W 07.78' C13 8738'44° B.50' 9.94' S4433'09°W 9.00' C74 398'30° 514' S40 5'18°E 4.85' C15 112 '25° 50' 0' S 4r?9 E r C18 5139'0'7° 2200' 19.83' 52834'20°W 19.1 r C17 90~D'll° 3 OD' SQ2r 75'19 2 ' C~3 ~ ~ ; ' N -~ E 7/4 CORNER, SECAON 10 FOUND BRASS CAP MONUMENT 1 = CORNER RECORD 103292098 C4 ; 1 ~C14 ti ' , ~ V ~ C7 sE CORNER SECnoN 10, FORMERLY MONi/bAFJ111ED BY ~ ° ~ A 5/8° STEEL PIA CORNER o ~ C2 ~- C16 RECORD 8725155; FOUND BRASS cAP e~oNUMENr, N o ~ CORNER RECORD 106788818 p~ N ~ 1 ~ ~- (NOT ACCEPTED) ~ C? ~ -' C7 7 ~~ ponwr of coa~vcnvG I L94 L95 o 1675.05 19 --L 9 6 N8975'24=W 965.59' ~ - `' ~' S8975 '24°E 2640.64' ~ S 1/4 CORNER, SECTION 10 gR e"TUT°7"T .ROAD FOUND BRASS CAP MONUMENT (ILLEGIBLE), D ~ POD OF BEGWNING CORNER RECORD 8951331 ~~ ~~S ~~~G` STER~o~ y ~~~~C 4 '~ 10729 3501 W Elder Street , Suife 200 2os ~a2 s3sa z~a ~o~r- 0 ~~9y S P F pS~~ ~ - v~awvevh~flacom LWE TABLE JJNE BEARING LENGTH 11 N0D'44'38°E 2500' L2 N0044'47°E 135.25' L3 NOD 44'47°E 288.08' L4 N2 44'04°W 31. LS 589 1'47° 9 72' Ls Noo•4s'13°W 2s.oo' L7 00'48'13°W 151.45' L8 S88 '57 ° 900' 19 73' 7° 3.8 ' UO '48'1 1 7.73' !77 52144' ~ 1. , L12 '4 . 6' L73 O'44'4r'W 74 8' L14 58975'24°E 00.06' 115 se r1 ss o ` L18 $ 75' ° .0 ~< < ~ ~ ~ ~ ~ r,,~, ~ is w 4 t ~ ! t ~ ~~ y. t ~j~ r t j + ~ l a - ~a ~ ~ ~ ~ a ~ ~ ~` a ~ ,. ~. ~ -7.~ ~ a n "~ ~ 1 ~ ~ ~ ~ ~` a ~ jffj yy ({ .. 1 I i f r a f,_ ~ ~ ~,~ ~ f i ~ ~` +-t ~ it ~ ~. ~ E ~: a f ~ ~ ~. ~ i ~ z ~ ~ ~ fi r € May ~' 2008 Department Report MERIDIAN CITY COUNCIL MEETING June 3, 2008 APPLICANT Finance Department ITEM NO. 6-A-1 REQUEST Change Order No. 2 with Hobson Fabricating Corporation for a Not To Exceed Amount of $9,941.00 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 V CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Clty of Meridian. ~r CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER HOBSON FABRICATING ERIDIAN CITY MALI _ Ph~co z re..a... ,.., CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders No.____ to _ (calendar days) None Contract Times prior to this Change Order. (calendar days or date) Contractor is hereby directed to make the following changes from the Contract Documents and Plans. :rlptlon: Incorporate revisions per ASI's 31, 34, 35, 41, 45, 47, 50, 53, 58, 60, 83, 65, 67, 68, 70, 71 and RFI's 58, 65, 68, 70, 71, 79, 84, 44 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason far Change Order: Additional scope or revisions per listed ASI's and RFI's Change order items description, dated 4/8/08, with contractor quotes Original Contract Price $2,060,000.00 Net changes form previous Change OMers No. 01 to 01 .$1,335.00 Contrail Price Prior to this Change Order: $2,061,335.00 Piet Increase (decrease) of this Change Order. $9,941.00 Contrail Price with all Approved Change Osiers: $2,071,27&.00 RECOMMENDED: (CONSTRUCTIO GER) Petra Inc. By: Thomas R. Coughli Date: ~ ~ ~ ~~ APPROVED: (CITY PURQHAS't~G AGE By: Keith 1tVatts Date: ~ - ~ ~ O APPROVED: C By: Mayor Tammy de rd Date: ~ _ ~ _ ~ ~, i ~~, `1~ L~. • Increase (decrease) of this Change Order. radar days or date) Contract Times with all Approved Change Orders: (calendar days) Substantial Completion 8/28/2008 By: i~ Fns6ee, ~ Co- 3-D$ ORDER N0. 02 NO. CH-06-001 ~„~tn of I ~~ O BY~ City Clerk,laysee Holman Date: -~. ~- ~~ B~AL 7 ~i,~ ~lPrll 1 , ~~~~. ~~r~~rtrrrrr IrtN~~~~,~ ~ .t ' ~t ~ ` ~ i ~ 1 ~ ' ~ i 4 r~ ~ ~~ :~ , ~ tf ~ a ~ ~ ~,,, , ~ , ` ~ i ~ I ~~ ~ ~+ ~ Pp ~ t Y i ~ ~ ! ,i { ~ ~ ~ ~ ~ l _ ~ I 13 s 1 ~F ' ~ t ~ ' Y a~ y ~ I x'~{ • ~ ~ ri ~ • • 1 • Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green, Stacy Kilchenmann, Kathy Wanner, Tom Coughlin Date: 5/29/08 Re: June 3 City Council Department Report The Purchasing Department respectfully requests that the following item be placed on the June 3 City Council Agenda under Department Report. Hobson Fabrcatina Comoration Change Order #2 Additional work per Architect's Supplemental Instructions. All work under this Change Order #2 will be completed pursuant to the existing HVAC contract dated July 17, 2007. This Change Order was previously discussed with Councilman Bird and Petra. Recommended Council Action: Approve Change Order #2 to Hobson Fabricating Corporation for aNot-To-F~cceed amount of $9,941.00, 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 ;TOR: HOBSON FABRICATING MERIDIAN CITY HALL -Phase 3 Tenant Improvements • CHANGE ORDER NO. 02 PROJECT NO. CH-06-001 The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI's 31, 34, 35, 41, 45, 47, 50, 53, 56, 60, 63, 65, 67, 68, 70, 71 and RFI's 58, 65, 68, 70, 71, 79, 84, 44 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed ASI's and RFI's Change order items description, dated 4/8/08, with contractor quotes CHANGE IN CONTRACT PRI Original Contract Price $2,060,000.00 Net changes form previous Change Orders No. 01 to 01 $1,335.00 Contract Price Prior to this Change Order. $2,061,335.00 Net Increase (decrease) of this Change Order. $9,941.00 Contract Price with all Approved Change Orders: $2,071,276.00 Petra Inc. By: Thomas R. Coughli ~ Date: Z ~ ~~.~ APPROVED: (CnY PURCHASING AGENT) By: Keith Watts Date: (CITY) By: Mayor Tammy de Weerd i~ ' ~I ~I crIANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders No._ tp _ (calendar days) :Times prior to this Change Order. days or date) Net Increase (decrease) of this Change Order. (calendar days or date) :Times with all Approved Change Orders: days) Itntial Completion 8/28/2008 By: ~d'Fns6ee, ~C ~~ Date: .~. E COUNCIL ROYAL Date: ATTEST: By: City Clerk, Jaycee Holman ~:.I ' ( ~E. § ~ ~.a ~ ~ ~ ~ Y ~ . ~J ~ ~ . ~ d ~ ~ ~ ~ ( ~ ~ ,~ 1 r ,: ~ S 5 ~ ~ ~ ~ ~ ~ , ~ 3 ^ ~ ` .' ~ ~ I t ~ ' x - ~ ~ ~s ~' ~ _ t' °3 '~ r 1 I ~ ' ~ ~. ~~ ~~ ~ '~ I ~ ~ + t !, k 1 ( N ~ Syr ~~ ~ ~ ~ I d ~ { ' I i K ~ ~ , f 3 1 ~ ~ h ~ ' ~' t 1 k~ ~ ~ d: ~_~ i'. ~ ~ E `p ~}' ~ Y .F I~ ~ C ~ a~ ~ . ~ F ~ t ~ ' ~. L ~ , I! i , Z F ' ~ ~ .~i, 1 ~~ May ~" 2008 Department Report MERIDIAN CITY COUNCIL MEETING June 3, 2008 APPLICANT Finance Department ITEM NO. 6-A-2 REQUEST Change Order No. 2 with Simplex Grinnell for a Not to Exceed Amount of $19,499.28 AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEP T: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAWO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. . E" CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 02 PROJECT NO. CH-06-001 DATE: 5/6/08 EFFECTIVE DATE: CONTRACTOR: SIMPLEX GRINNELL :PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents ared Plans. Description: Incorporate revisions per ASI 872; PRd01, RFI's 104,106,107 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order. Additional scope 8 revisions per listed ASI, PR, RFI's, Attachments: Change Order Item List, dated 4/29!08, with contractor quotes, PC011:2 dated 4/29/08 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 412,879.00 Original Contrail Times: Substantial Completion 8@8/08 Net changes form previous Change Orders Net changes form previous Change Orders No 0 to 01 $2 917:98 No.~ to _ (calendar days) , None Contrail Price Prior to this Change Order. Contract Times prior to this Change Order. $415 796 98 (calendar d$Ya ~ ~) , . srzsrlooa Net In~ease (decrease) of this Change Order. Net Increase (decxease) of this Change Order. $19 499.28 (~ days or date) , None Contrail Price with all Approved Change Orders: Contrail Times with all Approved Change Orders: $435,296.26 ccal~dar ~) Substantial Completion 8! / 08 RECOMMENDED: {CONSTRUC : G ACCEPTED: (CONTRACT :Petra Inc. By: Thomas Cc hlin Slrnplex/Grinnell t B ~~ - y. ,;,~~# ~~~ ~ / Date: 2® ~ $ D ate. ~ `/~/ ~' APPROVED: (CITY eU C SING AG / !. 1/ COUNCIL APPROVAL By: Keith Watts ~~~~.~ti~n~r~~r+~ir,,~ Date: ~ .. .. O~ ` ~~.~~~.+ ~ ~~ Date: ~ - 3 .. O ~ APPROVED: {C ` ATTEST: ~, ~ ~~ ~ ~~ \ ~ By: Mayor Tammy de W Date: . 3 . ~ ~ _ ~~~~** B : C' Clsrk J H Im - Y ~tY % ~Ycee o an i $rusJJ D ' (~ ate: 7 f .. ~ ~~i i~ ~~r .~ rIn ttt~ ~ a j ~ a j I. ~~ f ~ r~ ~!1 ~ ~ ~a ~I ~ ~ 1 ; 1 1 -f. -1 i~~I. ~ ° 1 r *[ ~' #' 1 t .l ~' 9 i~ i ` ~ ~~qj ~ , ~~ ~ i ~ 4 .i ~ ~ ~ ~ ~ ~ ~ i ~ ~ ~• I~ - ~ l~ ' ~ ~z# I p ~ - ~~ a t3 ~ r: t' ~ ` - 3 ~~ k k t ~ k ~ ~~ ~ ! a } 3 f ~ ~ I ~ ~ ~ . ~;.~ , ~ , ~ ~ ~ ~ i i i ~ ~ t o.3 ~ r ~ ~ ~ E - ~ ' Sk j I ~' i C ~ ' ~ ~~~ ; 1 a 'I ; ~ I ~ ~ ~ I' ~ I '~ '' ~ g v r ~ `~ ~ i ~ `15~j ~Lj ~ ~ II j jt~ ;!- ~ a ~ ~ '' ~ ~ ° -1 '' ~ ry~y,~' G l ~ ! I £ G ~ ~ i f~ ~ ~• ~ t I ~ ~ i ~ ` ~ ~ ~ i ~ ~ :?~ ' ~'.- ~ ~ i p k. ~: ~~~ ~~ i; SSi i ~~ t d ~~~ ~ i ~ ~ e ~ "~ ~ ~~ I I I ~ i ~~ ": , l, i x 4~ ', '~ t ~ ! t ,h'i i ~ , 1 ill r: ~ ~ ~ ~ I ;~ ,~~. i ', ~ ~~ ~ f ~ ~ ~ ~. ~ I :t. O ~~~kJJJ A°AA~ 0 G ~ 6 O~~ Ciky Of I~1er-idial-~ To: Jaycee Holman, City Clerk Caty Clerk ®~1e From: Keith Watts, Purchasing Agent CC: Tara Green, Stacy Kilchenmann, Kathy Wanner, Tom Coughlin Date: 5/29/08 Re: June 3 City Council Department Report The Purchasing Department respectfully requests that the following item be placed on the June 3 City Council Agenda under Department Report. Simplex-Grinnell, LP Chanae Order #2 Additional work per Architect's Supplemental Instructions. All work under this Change Order #2 will be completed pursuant to the existing Fire Protection contract dated July 17, 2007. This Change Order was previously discussed between Councilman Bird and Petra and agreed upon on 5-8- 08. Recommended Council Action: Approve Change Order #2 to Hobson Fabricating Corporation for aNot-To-F~cceed amount of $19,499.28, authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 N ~: x !~ 4 Y 1 1 I ~ - '~. ~ 1, '. W r CITY Of MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 02 PROJECT NO. CH-06-001 DATE: 5/6/08 EFFECTIVE DATE: CONTRACTOR: SIMPLEX GRINNELL PROJECT: MERIDIAN CITY HALL ~ Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revlsiorts per ASI X72, PR#01, RFI's 104,106,107 ALL OTHER TERMS AND CONDITIONS REAMIN THE SAME Reason for Change Order. Additional scope ~ revisions per listed ASI, PR, RFI's_ Attachments: Change Order Item List, dated 4/29/08, with contractor quotes, PC0~2 dated 4/29/08 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 412,879.00 Original Contrail Tunes: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No 0 to 01 No._ to ~ {calendar days) $2,917.98 None Contrail Price Prior to this Change Order. Contrail Times prior to this Change Order. (calendar days or date) $415,796.98 g~8~008 Net Increase (detxease) of this Change Order. Net Increase (detxease) of this Change Order. (calendar days or date) $19,499.28 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $435,296.26 Substantial Completion 8/ / 08 / RECOMMENDED: (CONSTRUCTI G ACCEPTED: (CONTRACT Petra Inc. Simplex/Grinnell t By: Thomas Cou hli gy; y,1~ ~~//~" Date: a~ ~ S -l% Date: ~~ ~~ APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Wafts Date: Date: APPROVED: {cn~ - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: s; f I a ~ I' 1 ~ {{try, - ~~~. ~ f t i ~ ~ ,~ .. 1 F ~~ ~{ ~ i Y ~. i + •~` r ~ t E ~ ~ ~; ~y 1~ r` ti ~ i 5 y ~.. ~ 't ~;, J ( 4li °i ~ i 3 3`~ f i r ,, ~ ~ v n ~ ~, aQ ~./ ~O n D ~ '.'i '~ m $ g o m A N ~. ~ ~ ~ m 3 ~ °' n °o ~ v -g~.v - o ~~Q~a ~ ~ ~ N ~ m Cho °oo 72l 7 ° O ° O p 5. ~ ~ m T ~ D C7 m ~ ~m''~;8 ammo~,y °~~'xmm2 'g~.gmdy ~ ° o a ~ ~ m y m m Z 3 ~ 0 ~ O ~ ~~ `° w 080 ~ m ~ f3 ~ ~ D B °o ° o °e ~ m ~ ~ ~~4 ~ ~ 3 co y ~ v 0 . e N C m X N n a m ~_ S a 0 o ~_ m 7 ~ r m ~ ~ m ~ m 3 m d 0 c wn o 0 r ~ m ~ m 3 111 ~ ~ o D o Z ~ ~ ~ m 1 V QN ~ o o °~` a May 30, 2008 Department Report MERIDIAN CITY COUNCIL MEETING June 3, 2008 APPLICANT Fire Department ITEM NO. 6-C-~ REQUEST Budget Amendment for Reimbursement from Southern California Wild Fires 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: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~ ~ ~ ~ r 3 E , , ~ i r , ~ a i I I ~ i ~ ~ ~ ~ ~'s r ~ [ , ~, ~ ~ K ~ k ~ I ' t 1 ~ } 7 - _~ _ ~1f J i I ~ ~ ~ ~ t ~ : t t , z~ ~ 3 ~. ~ ~ ~ i ( r, ~ tF l j , ~ ~.. ~ ~ . a ~ ~~ F ~ ~ ~ ~ ~ i ~i ~ i i 4 ~ ~ ~ ~ ` ~ t ,¢ ~ { 1 g # 1 a ~ ~ i i . _ ' ~ q ~ .~ ~ , i ` ~ l ~3 I ~ ~ , F ~ F ~ ~ ~ t ,~ ~ ~,j _;~ 1 i ? ~ ~ i ~ f ~ ~'~~ '~ ~Y. ~ ; ' .~ i ? i ! f ~ ~ ~` ~ ~~ ~ ~ ~ ~~~ ~ ~ 3 ti t ~ ~ , ~ ~ es ~ r ~ A ~ ~ r i k ~ ~ y ~C ~ } ~ 'kr ~ ~ ~ 3'~ ~ ~~ , ~ ~ rL ~f 1} c 4 ~ ~~.5 ~ ~• 7 ( i t ~ ~ '~'~ ~ 7 ~I ~ ~ Y I f ~ r '~ r ~' ~ z ~ t~+ ; - j a ~~I , l~~~ t f~ ~ ~ # I~ i ' fl COMMENTS See attached Phone: U „_, „_, ~ ~ O ~ f0 W 3 N ~ `~ _`~ ~ ~ ~$ >=~8 ~ Q~•c Z ~ N c to ~ ~ ~ C ~ .... "O ~ o~~6m E a ~ ~ 7 U W U lC0 . m ~ V m C C _ -~ Y ~ ~ ~ O .7 /• ~ •_ C C ~ ~ C V Q ' ~ (~+~ Q~ 7 y ~ fO ~ ~ !L 8 Na' C m c~ a ~ ~ ~ O ~ C m ~ a ~ ~ ~ U • C ti ~ Q ®i ® ~ p 7 a+ C ... tD Q ~ ~ Q . (pJ ~ w j ~ $ M ~ 7 ~ "~ Qq ~~ ~' O C 3~ m ~ ~ C ` E 'L . N~ ~• ~ N 11 d m ~_ .~~- o t/! to ~ w ~ O ` ~ g ~ 3 "- ~ N- -a u~i ~ ~ ~•~ o.~ •QC~m E N O m •~ N O ' O Y S O ~ ~ d C ~ _ m C '~O U~N"~' ~fsll O~ 0 ~ U m iG ~ CO N N N m ~ ~ Ntf~ ~- • O r~.+ w a oI Q Z W OC W ~I-> W O ~ ~ ~p~ m vmc~ .p (6 C C t0 N O ~.. 0 N .~ o. 0 Q d N m .~ N `o N m' m m d C 7 a a m a c N ti O N ~ a C N ~ O m C 0 C N N N r'~+ O ~ C o :s m Z rn N ~ ~ r ~ ~ ~ N • V r CUB I6 C ~ w ~ -ry ~ O O ~ U m o ~ `m E °~ ~U ~ v ° o°m c q Q• ~' E ~ ~-+ ~ m Q- ~ y C m ~ ~ ~ ~ O ~ .Q 'C N ~ ~ ~ ~ tp ~ O aci ~~ ~~ ~~ `~ i ~~ ? /~o a ~~ . ~ ~, ~ m e ~ .. ~ ~ ~ o ~ '~~~ ~ m ~'%.''i~ .~ a m m _ fn _~ ~ ~ ~ m 1 ~ / :c 0 °c _ I ~I C C O ` ~ . '~- m o!S r... C m -c O ~ ~ ~ ~ ~ m ~ D m c a m tlllti~l O` Q Q ~ o -.~ U 0 8 • 0 m m ~ U LL o `o m ~8~-v~ ~. ~~m~~ ~~o~~ .~ ~ ~° ~m~m~ ~~-~~~ .~~m~~ o~a~o~ ~v~V io p > ami m o o c a Q ~ ~ N ~ ~ - c ~ ~ ~ m a o~~m~ m ~~ ~ ~ m ~ ~ ~ c ~~ m •~ d~ m ~ m U U May 30, 2008 Department Report MERIDIAN CITY COUNCIL MEETING June 3, 2008 APPLICANT Parks Department ITEM NO. 6-d-1 REQUEST Parks and Recreation Commission Meeting Time Change Ordinance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See a#fached CITY POLICE DEPT: CITY FIRE DEPT: ~j 'nor 1 ~'~~ ~Y V CITY BUILDING DEPT: CITY WATER DEPT: "~, ~.J'~ 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 properly of the Ctiy of Meridian. ' ~f! Ii ~ ~ t ~ ~ ~~ ~ ~ y ~ t ~ ~ ~~ GC E ` ~ f Y3r. 1~ : t I.~ ~ f I ~- ~ ~ ~ ~ ~ ~ y f ~ ~' ~~ .t ~ ~ ~ t ~ ~ y ~ y ~ ~, ~~. ,;'. } a~ ,~ ~~ i , ~ ' ~ I ~ ~ E ~. i t 1 s 4E ~ i I A ~ L ~ ~,, ~ I z f n ~P ~ ~ ~ ~ p ~E S~ ~ ~ .i ! `~ ~ y k ~ ~j ~ ~ ~~ E ~ ~ ~ ~- 9 ~ ~ x k , , ~ ~ ~ ~ ~~ ~ , . 6 5 ~ ~. } ~ }~ ~ ~ ~ ~ ~t ~ t . ~ . '~ ~ ~ ~~ ~ ~ 9 ) i ~ I ~. I s ~ a ~ f ~ ' 1 ~ ~ ~ ~ ~~ ~~ a~ ~ i ~ ~ K i _ ~ s~ ~ r. - ' ~ ~ r t i~ ~ ~ a y tr q ~ f i ' 1 S f i r t ~ F 33 tF ~ {{f ~ . t; ~ I ~ ~ 7 ~ 1 - ~f t~ s ~~ ~, ` ~, ; ~ r i '~ x i ~; , ~ ~ + ~ f _ ,~, ri. ~ a_ ~ E ' ~ ~~ ~~ , ~ ~ ~:~ ~ ~~ I w~ ~ l ~ I ~~:~ ~ ~;~ is f ~ ~ i .a ~.~ ~ s~:' ~' ~t ~~. ~ ? :~ ~~ I i ' `.~ ~'~ f. (fi i 3 ~~ ~ >~ i f F S i i 3 a s} i, e f r i € ~ May 30, 2008 Department Report MERIDIAN CITY COUNCIL MEETING June 3, 2008 APPLICANT Mayors Office ITEM NO. 6-E-1 REQUEST Line Item Reallocation Request for Transfer of Funds for $1,500.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~ ! ~ ~ ! ' t ~ 2 .t ~ h ~ ~ ~~ I ~ 7,~ ~ ~y ~ . ~ , ~ ~ 1 k. ! Ti ~ ~ ~ '. `' 7 i i t ~ ~ t tt ~ 't sj ~ I ~.~ r ~~ ~ ` ~ ~ ~ E ~ ~ ~ ~ ~ ~ 4 i ~ ~ F ~ i y _ ~ t ~ ~ , ~ ;pl ~ ~ . r ~ s i t ; ~-~ ;~ R ~ i fi ~ ` Y I d f ~ ~ f +~~ •'" i ~ ' ~ i ~ , ~~ _ ~ ' ~ ~ ~ ~ ~~ g~~ ~;~ ~ ~ ~ ~ t'~ ~ 4f ~ ~ ~ ~ ~~ ~ I 1 ' I '~ ~ F a y `~ ~ F ~ ~f ~ '~ a7 [ i , ~'~~ ~` I ~ t 6 e + _ ~ t t t ; i ( ~ ~ qq 7 i ~ ~ ~ S ` t ~ ~ ~ - iF ~ ~ r' ~ ~ ~ ' { _ a ~ t ~~ `. s 3 E ~ ,< ; ~ ~~ r 3 ~- ~- r sP i i t- ;3-K ~ ~- t I ; 3 ~ t ~ 3~ SEE i }gi - F i ~S i ~ ''i 1 ' ' ~~ ~ ~ F e {{ - 3 k ~ „~~ ~ ~ ~`~' ~~~ 1 'F ~ ;~i i~ ;~ Ij a! } : s COMMENTS See afFached v • ® n n ym „ m 'r m ~. ~ o y ~ v ~ ~ ~ C1 /' W ii Q. ~ O S. ~ O ~ - O ,~~r~let~t~~~5nj~ ~~`m}} ~ m a n !» ' f~li F .m '~ 'y ~a D '" ~~ _" ~d O J TI ' ~~ ~~ _ ~ ,, ~5+~ - ,e'~~j~eeeeerrrr rr rt ~ot~ 0 y a 0 a w ova N m~3 0 0 a~ ~ ~ ~~ ~ ~ °~~ to o mm 0 m a m O tl~ ~ O O p C7 O .. _ O ~' ~ fpp~~ fpyp~ ~ a O ` C 7 O O p Ct ~ ~ C1 ~ O y m d ~ ~ ~ ~ a ~ ~ ~ a 5, o 3 ~o g ~~~m ~ ° •f ~ c ~ n~ m ~ -' _~~ g y y d y - ~ ~ 7 O 7 C m ~ O 7 y ~ C ~ r. ~ m, m ~ m ~ m m o m m ~ ~ o. ® 3 ~ C o y ~o~ d 5' ~ ~ ~ ~m 8 . c ~ O ~ > > n ~ ~ O m ~ ~ C m ~~ y '~ N ~n o 0 r G m ~++ m am ~~ ~v oa oz m c m m ~ T ~ ~ m ~ 3 d m 0 Z N y O O s i ~ ' k ~ ~' s f r ~ f , ( 1 i i j -i i~l ~ ~ ~ ~ ~ ~~ ~' . ~ ~` ~~ ~ 1 ~ i -i n f k 1 j ' ! ~ i ~ t. , I. ~. %~ ~c _ ~ ~ ~ ~' j o ~ n ~ _ n May 30, 2008 MERIDIAN CITY COUNCIL MEETING June 3, 2008 APPLICANT ITEM NO. S REQUEST Request for an Appeal of Denial from the City Clerk for TNT Fireworks AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY ~ ~ ~ ~ ~ n ~~~ CITY POLICE DEPT: C C CITY FIRE DEPT: ~` CITY BUILDING DEPT: ~ ~ l ~~ CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~E: F~ i r i' i ~' ~ ~~ ~3 ~~ '. ~l i 4 i 7 k j r i! f t ~ ~. 1 t ~ ~ { r ! ~ ~ 1 ~ 7} rj I ~ j~, , f qf i i ; 3,d~ ' ei l I' 1 ( s ~ r ~~ ~ :t s f r l~ i 7 ~ - j ~ ~ . ~ ~ ~ r S ;, . ~ ~~~ f ,~~ } ~° l ~~ gg rP ~ ~ ~ ~ € { `"^ ~ i 1 ' I } ~ ~ '.S 3 1 : ~ ~ t i I ~ { ~ ~ . f I ,; , , ; ; ~ ;~ ; , ~ 17 '~ ~ i ~- j l ~, ~~ ¢ ~ y ~ i F a Y Y ~ 4 j~. f~ t ~ ~~ { ~ s a_ 3 ~~ ~ i~ y~ r ~ ~ ~ ~ } 3` t c ~~ ~ § ' ~ l il fE p` ~~ ~ , : ~e S ;t i 4 2 ".: I i ! ~ ~ 1 l ~ ~ F l ~ I• , ~ ! 4 ~ f ~ ~' ~ r ~ ~ fjt ~ 1 1 S ~ ~ '~. Y ~ ~ ~ ~ 3 ~ ~ j i ~ ~ ~ 1 ~k i { I ~' City of Meridian City Clerks Office 33 East Idaho Ave. Meridian, ID 83642 Meridian City Council: May 22, 2008 This letter is. in .regards to the denial of the Application for Retail Sales of Non- Aerial Common Fireworks for the location at 72 E. Fairview Ave. (Cherry Plaza). This application was denied by the City Clerk's office because it .was not submitted by the City of Meridian's new application deadline. I would like to request that the denied application be accepted this year since this is a new deadline and the reason it was not submitted on time was a misunderstanding/miscommunication. I am responsible for this situation, but for the sake of the operator that would still like to run this location, George Bodenstiener, and the new Idaho Representative who is working hard to meet his goals, Wade White, I would like to explain the situation and ask for your leniency and understanding for this year only. I received the notification that the city of Meridian had a new deadline for submittal of fireworks applications in 2008. I had several locations that needed to apply for a permit and I requested the fees from our corporate office in plenty of time to meet the deadline. We ran this location last year with a lease through Albertson's. When it was not included on our Albertson's lease this year, I removed it from my active locations list. I believed that we were not running this location, so it was unnecessary to file an application with the City of Meridian. Neither the Idaho Representative nor I knew that our corporate office had signed a lease for the same location with a different name, Cherry Park, and with a slightly different address but in the same shopping area. I submitted the other applications in time to meet the deadline but did nat include this one as I did noir.have the lease to include with the submittal. Though I did have all the other information that is required, the City of Meridian requires that the application be complete at the time of submittal. As soon as I discovered the error, I called the Meridian City Clerk to see if there was anything we could do to fix the situation, however, we were already past the April 15a' deadline. 'Thank you for your time and the opportunity to request that the denied permit be accepted. ~,~, ~,n Anne Premo TNT Fireworks Administrative Coordinator ~{r~~N~~ MAY 7 82008 ~ ~ { ~ q ~ , a (' } p # - I 888 ,~ f ~' ~ .t ~. 1j~ I {' r'i 3 _ i~. ~' ~' ~ i~~ 4loR~l ~~ti' ~~ h. i! ~ c>> AMERICAN PROMOTIONAL EVENTS, INC. 14500 SE 86TH COURT City of Meridian PO BOX 636 • CLACKAMAS, OR 87015-0836 City Clerk Office PHONE (503) 653-8855 • FAX (503) 854-0618 www.tnttireworks.com °~ ~ ~ ! ~ ~ ',9 ~ 1 F . fib ' ~.. -~ ~ 3 , ~ i 4 _1 .. f. t! ''t i ~ ~i ~ ~ C i „ F t~ i 4 ~ ~ p ~ Y ~ ~ t 4 ;~ ii E~i ;: i 'Fi _~ { ~ ,~ 5 _~ ~ ~ i I '~ ~ ~~yz I ~ ~~t ~ ~ i gg {k ~ ~ ~ 1~ ~. ,1. ~ _ i ~ ~ F S' ~ S 1 n ~p ig { ? 'k~ ~~ ~~ ~'~ S r 4 ~ ~ '.1 ~ f f ~ { ~ ~ IIIItt s P ~ ~ ~ ~ i ~ . ~ ~ s ~~ ~ y ,~ ~. i 3 { i g ~ ~ 7 a - a i . ¢ T T . t } a i iy, I t t ` ~ i .. May 20, 2008 MFP 08-003 MERIDIAN CITY COUNCIL MEETING June 3, 2008 APPLICANT Paramount Development, Inc. ITEM NO. 9 REQUEST Modify FP IFP 08-005) from the approved Site Specific Condition No. 5, page 2 to delete the last sentence & read: All fencing installed on the site must be in compliance w/UDC 11-3A-6 & 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist or construction debris shall be regularly removed in accordance w/an approved trash management agreement for Paramount Sub. #16 west of N. Meridian Rd 8~ north of W. McMillan Rd AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached CITY ATTORNEY CITY POLICE DEPT: ~ V CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comments CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: No Comments NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: ,~ ~ ,~ ~ I r i i I t ':~ ~ 1175 i. ' jar 1 ~i, ; S '!x f ~ `~~ ~' ~ ~ I ~ I ~~ ~ i ~t ~'~ ~ ,4_' to i ~ .~ r ~ ' ~ ¢ ~ {i ~ i~ ~ ~ '~~ F ~ ~~+ ~ ' ! i ~f '$• ~t I. ~ s _.~~ r a i ,. '~ ~ ~ i 3. a ~ y ~ ~: J ~t ~~) ~~ f ~ Y i ~~ ~ z ~ ~ 3 t- ~ t s s i < I a~. I ~ # ~' kl ~ 3 ~~r4 s I I. } ~~..I I _3 ~ } ~. • May 30, 2008 ZOA Q8-001 MERIDIAN CITY COUNCIL MEETING June 3, 2008 APPLICANT City of Meridian Planning Department ITEM NO. 1 ~ REQUEST Continued Public Hearing from May 27, 2008 -Request for a Zoning Ordinance UDC Text Amdmt to modify, clean up & add specific sections to the UDC for Unified Development Code Text Amendment No. 4 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See Previous Item Packet /Minutes Date: Phone: Staff Initials: Matertals presented at public meeflngs shall become property of the City of Meridian. ~#I;~~ ~~ ~ ~ ! ~ ~ = ' ~~ ~k ~ ~}~ ~?~ I t , 'a ~ ~ ,k ~ ,~ ~ ~ ~ x I ~ r i ~. ~ L~ { ~ } i '7, f 1 ~7 i ~ ~ ~ 1 ' 1 6~' .' fi t { ~ i ~ 1 ~ r i 44 r i, Is ~ ~ ~ H ( ~ 3 ; ~ s , t ~ ~ 1 ~ , Y + j ~p al ~ ~~. ~ r 3' ~ , ' I t / 1 ' E ~ r ~ 1 •t 1 ~ i ~ E , ~ ~ ~ ~ ~ l s. E a . . ; ~ t i , t , j a ~ i , c P ~ ~ 1 1 ~ ~ ,q ~ ~ ~ ~ ~~ ~~ ~ ~~ ~ i ~ ~ I ~ ~ a ~ ~ ~ z 1 ~ 2 t t 3 { ~ ~ 4 ~. 1 4~ ., ~ ~ ~ i ~ ~ a ~ a l' i ~ ~ ~ ~ ~ ~. ~ ~ ~~ ~ ~ ~ ~ ~ ~ } ~ ~ ~ E ~ ~ ! ~ F { '. F ~'. ~'~'. ~ r ~ ~ ~ ~74 ~ { ~ ~~ .~ E5 1 ; ~ ~ ~ ? [ 1 ~~ l ~ 1 , F ~ ` ~ i I y y ~ ~ ~ { . F r h ' 4 i I 7 I F ' '4t ~ c [ ; e jl ~ ~ ~ ~ ~ 4 t ~ ~ c h ~ e i i : ~ k Jk _ ~' ~ i ~ i~ ~ ~ r ~ ; : 1~ C ~ i F a i ~ gg F _ ~l ~ ~ f 3 r`I lr ,{ ~4 ~i } 131 f - is S 1 , le. i~ 5 r { i ~ ~~ ._ ~' _.., y ~ a S i May 30, 2008 VAR 08-004 MERIDIAN CITY COUNCIL MEETING June 3, 2008 APPLICANT Kinsan Chan ITEM NO. 11 REQUEST Continued Public Hearing from May 20, 2008 -Request for a Variance to the UDC which prohibits new approaches directly accessing a state highway to allow a temporary access to SH 55 /Eagle Rd for Great Wall Restaurant 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 / AAinutes F~~~ ~ ~~I~ J/ OTHER: Contacted:. ~, ~ ~ r Date: ~j- ~Q~~ Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. i 1 ~ ~ i. , t i- ( i ~ a ~, i '-~ 4~ i~' r t~ [ ~ 7 i i 3 1 1 C i I 5 i i ! t i rte 1 ~ ~ i i. ~ ~ ,,: ~ ~~ ~ ', ~ ~~ ,p~ ~~ ~ +~; j~; ~ i h , s ~~= E [ ~ ~ i ~,~ c .~ 1 ', i i 3 r'~ ii % }} ' i L~ ~~ 1 .~ ~' ry ~ j~, ~ 1 f ~ ~~{ ~ t ~; 1 ~ ~j F i 1 ~ ~ ~ ~ , s` S} _ F ~ r ~ ' ` i 1 v 1 ~ ~ ~ r , i - i ~~ ~ 3 .. i k ~ j y~ ilt{~ -~ i t ~~~~ ~ i G t b J i ~ ~ ~ #. art j1 ~~ ~ .. ~ll (~ 1 ~ 7~ j `i t ~ _j ~~ L t .f S ~ yyAf k cif ~ ~ ,~ i ; i a ~ . v' I ~ ~ ~ ~~ x t l ' .. ~ '.~ ~ ~ ' t' is % t ~ 1 i ~ i j 1 ~ y $ ~ ~ C f ~ ~ ~ •. ~_ ~~,,~ ,;~ ,x t ~ ~ i ~ ~ ~ 7i B ~{~ ~ ~ ~~ j~ ~ ~ r~ ~ ~ 3 ~ 3 _ ~ ~ ~ ~ ~ S ~~, i'I ~ ~ ~~ o- r i ti, ~ . 4 r n 11: . : _Slr .~ 1 .. ~K~ c 2 ei n: r • i May 20, 2008 AP 08-002 MERIDIAN CITY COUNCIL MEETING June 3, 2008 APPLICANT Boise Food Service ITEM NO. 12 REQUEST Public Hearing -City Council Review for an Appeal of the Planning and Zoning Commission's denial of Sonic Southern Springs (CUP 08-002) for Sonic Southem Springs - 1870 S. Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: See attached Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN.GAS: MERIDIAN POST OFFICE: OTHER: Affidavit of Posting Contacted: j ~ ~ ~ ~'j~'j -~-~ Date: S- 30-®~ Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~ ~ [ °~ Ire r ;r~ ;` 3 I ~ ~ ~s ~ K ~ ~ ~. ~ ~ ~ t ~ ~' A $ i 14 ~ ~ i 2;9; '~ 3!~ t ~. ~ ~ ~- ~ ~ 4 ~ ~ 773, k~{ Ci I~ I ~ ~ ~. 4 Ai 'h~71~ ~~ Ii .X i t ~ [ip ~ ~ ~ t 1 ~ ~'~ ~ ~ ~~ ~ 44 t ~ ~ t ~# 4 f ! f~I ~ 2 ~ S r ~; 1 ~ ''s~~ ; ;~ k f r k '~ ~ l ~ s ~ : ~ 7 ' { s},i 7- ~ {{ ~ ~ s Y' t 0 r s I ! j r r F t a~= r s ~ & S { ' % ' i ~ 5+~ t t r! t i ~- ~ ~ ~, 1 f t sx ~~ ~~ yj ~ S 4 : ~ r ~ E ! i ~ I p' ! ` ~ i 4. ), ~F ~ ~ S '~~ P ~ ! s ~ • May 30, 2008 MERIDIAN CITY COUNCIL MEETING June 3, 2008 APPLICANT ITEM NO. ~ 3 REQUEST Ordinance No. 08-1366 -Reconsideration for Final Decision Ordinance 3rd Reading AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: ~ `O v CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the CNy of RAeridian. A~~ ~ ~ l i ~ ' " ~~° ~ ~~ ~~ ~; I i ' ~ ~ ~:. gg ~ ~ . ~ a r ~~ : P Y ~ i ~ ~ F : ~ , r ~ .6 `r ~ a s . $ a ~ i ;~ ~ j #~ { ~ i i ~ ~ f ~ ~- I '-F'4 i t t ~ i ~ l ~ ~ ~i s t ~ ~I t #~ ~~ I S ~~` t € f r ~ ~ ~ ~_ i ~ ~ I ~ 5 { ~ t 6 4 C , . Y ~ f i ii t i } ~ ~ ~ ~P I t ~ ~ 4 e' ~ 9 ; ~ # G r ~ ~ } s ~ ~ ~~~ ~ y~ ~~ ~ r ~;` V i ~ ~ ~ ~ ~ a r ~ ~ ~~ ~ ~" ~ t ; I ~~ ~ ~: ~ ~ 1 ~ i ~ ` F ~ ~~ ~ F ~ t ~ ~ I ~ ~- ~ - ~ .~~. I'. ~~ r ~ ~~ ? ~~~?~i .~ '~ (~ CITY OF MERIDIAN ORDINANCE NO. ®~ - ~ 3L0 ~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE ADDING TITLE 1, CHAPTER 7, SECTION 10, MERIDIAN CITY CODE, REGARDING REQUEST FOR RECONSIDERATION FOR FINAL DECISIONS OF THE MERIDIAN CITY COUNCIL OF THE CITY OF MERIDLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho State Code and the Meridian City Code to make final decisions on land use matters; and WHEREAS, affected parties have the ability to appeal adverse decisions to the Court of appropriate jurisdictions; and WHEREAS, the City Council has the authority to implement procedural due process steps in its ordinances to assist affected parties with opportunity to be seen and heard by the City Council; WHEREAS, this additional portion of the process will not adversely affect any rights of the parties already established bylaw; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 7, Section 10, Meridian City Code is hereby added to read as follows: 1-7-10: REQUEST FOR RECONSIDERATION A. On Unified Development Code (UDC) land use application matters ,that is governed by the Local Land Use Planning Act of the Idaho State Code, after a final decision of the City Council is rendered, but prior to the Findings of Facts, Conclusions, of Law, Decision, and Order are adopted a party may request the City Council reconsider their action. This step is optional and does not need to be done to allow the party the ability to appeal a decision of the City Council to a court of appropriate jurisdiction as allowed by Local Land Use Planning Act of the Idaho State Code. To make such a request. a parry must meet the following criteria: 1) The requesting party must have been a party in the underlying action in one of the following: the City; the property owner of the subject property; the applicant for the project; or has presented written or oral testimony at the public hearing where the final decision was rendered; and 2) The request must be in writing and presented to the City Clerk no more than seven (7) calendar days after the council action and decision have been rendered; and 3) The request must state a basis for the request and a brief statement of issues and decision that the requesting party is asking to be reconsidered; and REQUEST FOR RECONSIIDERATION ORDINANCE-Page ~ of 3 I ~ q ~ ~ j) 4 ! ~_ ' I ~ jl IS ~ iii "~ ~ r `s ~ F . ~ , ~ ~_~ ~ ~ ~ ~. ~~~ I i ~~ ~~ i ~ ~. ~ r t ~ I ~ '' € ~f ~ f1~ ~- I `' ~~~ ~ ~ '° ~i ~` '~. ' ' ' ~' ~) ~ ,~~ ~ '` 1' °' i ~ s : 5 ~ ~~i , ~ ~ py k ~ x t i , j Si ~ ~ , 1 1 p ~ I ' E ~, ~ ll ~ ( ; G y . 444 S, f ~ : , ~ y f :. ` ~ ~ t q , & f ~ ' ~ Eta I ~ ' !!! I i ~ i kti _ ~. ~ + ~ ,I ~ g i ' ~ ~ ~ ~ . ~4~ 1 i b ,' S ~ 1 ~ ' ~ ~. f ~ ~.1 ~. , t -~ s t ~ ~ ~.5 _ + .. 9 r r 1 ~ I' ,~ ~~ ~ t ~ ~ \ r ' ~ ~ ~ ~ h i ~fi 1 ~ I A ~ ~ }~ f'~ ~ _~l ~ j ^ F ~ i:~ ~ ~ aa i 4 ~ '~ ~ ~ i 9 }; F:~ ~ f l i ~. ~ ~ ~{ p j ' ~ ! ':~' (~ ~~ 4) The request must include but is not limited to: (a) The party requesting reconsideration has relevant information; and (b) The relevant information was not previously presented and is in response to something brought up at the previous hearing; and (c) The information was not previously available. B. The City Council will consider the request at the next regularly scheduled meeting and the requesting party is not required to be present. The requesting party will not have an opportunity to address the Council; nor shall the Council invite the requesting party to provide testimony regarding the matter. The Council may grant or deny the request. This will be the final decision of the City Council. C. If the City Council denies the request, the City Council will then approve the Findings of Fact, Conclusions of Law, Decision, and Order for the affected project. D. If the City Council grants the request, the requesting parry must pay the fee for a new public hearing within ten (10) calendar days of Council grant of reconsideration. If the payment is not made to the City Clerk within the specified time frame, the City Council shall be notified at their next regularly scheduled meeting and the request for reconsideration shall be rescinded. E. All noticing shall be done in the same manner as all public hearings. If the applicant for reconsideration is not the property owner they may post the notice of hearing sign that is required by ordinance in the right of way, if they have permission of the appropriate authority. The City Council may waive this requirement if necessary. The City Council shall consider all relevant facts regarding the reasons the property has not been properly posted and may direct any _. _ _ reasonable measures it wants, to assure_that the_public has. appropriate_notce._ The new hearing shall be conducted in the same manner as all public hearings. F. Upon payment of fees, the City Clerk will schedule a new public hearing for the application as allowed by the Meridian City Code and all noticing requirements shall be mandatory. The new public hearing and ultimate decision shall be a final action of the City Council. No Request for Reconsideration maybe accepted by the City Clerk on the decision of the City Council from this hearing. G. Only one request for reconsideration by any party maybe sought on any project. Section 2: That this Ordinance shall be in full force and effect upon its passage, approval and publication. REQUEST FOR RECONSIIDERATION ORDINANCE-Page 2 of 3 o~ ~ r~ PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this J day of ~ul'1~ , 2008. APPROVED THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 3 day of u ~~ , 2008. i ATTEST: \````\\~{,~ ~Q1t~~~~'''~ ~. ; o CITY C RK - ' SEAL ~- ~- ,~ ~~ ~P REQUEST FOR RECONSIIDERATION ORDINANCE-Page 3 of 3 ~ 1 ~{: f ~ r ~ ~ ' ~ ;- ~ t ~ ~. t 1 r g t ~ 1f' C ~ ~ ~ s } M ~ Y ~ ~ . ~ { ~ ~ S 1 ~ t n ~ ~ 3 ` ~ 3 I s ~ t ~. `~~ ~. .l l ~it S; ~~ ` S I ~ t f 3 i " t r ,,'y ~ y ~t , ~ ; ~ i ~ t ~ ~ . , ,, ~ ~ ~ ~ ~ ~ ~ i l ~ } `~ 1 ~ ~ ? ~ ~ ~ ~ qq S d _ ! ~ ? ~ ~, i 1•i f _ S r ~ i ( i I # ~.3 ~ ; I . ~~ ~ ~~~ ~ y ~I ; I ~ 11 ~~ ~ 5 1 I e ~ E 1f ; 1' ~ + 3 k 1 l ~ i ~, t f ~ t. t i k' ? i ~ - a , , ~ ~ t ~ 1 ~` ' i . 1~ z ~ ,~ t 4 ~ i ~ " j ~ ~ t ~ 4 ~ ~~ ~ ~~,$i i ~ ~ ~ .~ ~ 3 1 l j r ~ 1 ~~ jai t ~ ! f § ,{ ' 7 ' l ~ ~ ? i ` { ~ ~ t ~. ~ 1 t F qt p ~ ! May 30, 2008 AZ 07-020 MERIDIAN CITY COUNCIL MEETING .tune 3, 2008 APPLICANT RC Meridian Partners, LLC ITEM NO. 14 REQUEST Ordinance -Request for Annexation and Zoning of ~~ - ®~ - ~a„® 21.81 acres from RUT to R-15 zone for Chalet Marseilles -Northwest Comer of East Ustick Road and North Locust Grove 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: COMMENTS See attached ~~~ ®~ e 1~~~ OTHER: Contacted: ~.r~ ~~ l~,K~ Date: - Phone: Emailed: ® Staff Initials~~ Materials pr anted at public meeflngs shall become property of the City of Meridian. ADA COUNTY RECORD~~~pVID NAVARRO AMOUNT .00 ! ~ ~ BOISE IDAHO 061OB10~. ~11M DEPUTY VieldAllan III I~~~~~~~~~~~~~~~~I~~~~~~~~~~~~~~~~ RECORDED-REQUEST OF 1E1SQ~5~~4 Ciry of Meridian CITY OF MERIDIAN ORDINANCE NO. ~~~ /~~~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 07-020 CHALET MARSEILLES) FOR ANNEXATION OF A PARCEL OF LAND BEING THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 31 TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A"AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-15 (MEDIUM DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SifMMARY 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: RC Meridian Partners, LLC . SECTION 2. That the above-described real properly is hereby annexed and re-zoned from RUT (Ada County) to R-15 (Medium 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-07-020 CHALET MARSEILLES Page 1 of 3 ~ • SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of _~i1f1P~_ -_ - - -.,.2008. ANNEXATION OF AZ-07-020 CHALET MARSEILLES ' ~F ! i r 1 ~~ i i ~ I' a k ; 3, , it , , ~ ~• i' ~ ~. ~ !. ~ t ~) ~ i i 7~ ,~ { s ~ s ~ I j ", de WEERD Page 2 of 3 a r ~ ~, ~ r, ~ a ~ i ! '`~ 1' a i f ~~ ~ ~ ~ ; ~ ~ 3 } f ~ ~ ~ ~ •. ! ~ ~ ~ ~ _ i ! 1 9 ~ =t ~ ~ I ~ ~ Y M p ; _ s < < f ~ ~ 5 ~ ~ f ~ ~ j ~ d t ~ ri ~, ~ ~ ~ 7 ~. i ~ ~ } ~ . s ~ ~ ~ ~ c ~~ ~ ~ `. i $ t i ~ ~ ~ i ~ i~ ~ ~ f i a 1 k. ~ . S 1 ~ ~ ! 1 } ! ) 4: ~' ~ ~~ ~ ~ r ~ ~ : ~ ~ yi gg 4 ' 3 t ~ s r ~r ~n k :j ~ APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this J day of ~ ~.o , 2008. { ~~ STATE OF IDAHO, ) ss. County of Ada ) On this J~ day of ~I~UL-- , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the salve. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ®'B®®®•e ®+ . ~e® ®® ^_ (SEAL) ®~,°~~ a, ® NOTARY PUBLIC FOR IDAHO a ~ RESIDING AT: ~ ,~ I~ l ~ ® '~ r ~ MY COMMISSION EXPIItES: (0~ ®~ `•e ,~,~~~o ®e®®®~ ANNEXATION OF AZ-07-020 CHALET MARSEILLES Page 3 of 3 Legal Descriptions _ Rro~eett 10-07-057 0a~- $eptetnber 4, 2007 ~R•15 ZONE lSf<-C~tIRI`TQN T.dat pgrtlon of ~ 5outfieast ~G pf the SoutheASt J. of S~tTon 31, Tcfsva;hip 4 NgFth, ~Rangg 1 EAst, iloi~e Martian, Mer'idiap, xtda.tounty,ldahb, and inore,part-cular~l(deSErtbed as fotloWSs ,Ccmii-enttdg aE thg S.outhbast ognTer of 3e9tioh 31, the ROIN7' OF BEGINNING; theri~e•a(irgg'tia~ S`outhe~iy boundary of` the 5outbeasL Y o~ the.$oupiea§t */. of said sl:ectlon,. •Nctth:iT9'47'(}9` West, 662:30 febt; theii~e•:alprrg the YVestedY boundary of tfie $opthgast Y. 01 tile;butheatt h/. df tiie. Southeast ~. of Seetlgn 31, •North 00'34'05'•F;asG, 623.50 #eetT thence North $9' 46'3b~' Wg;t, 661:77 feet to the We6t~rYy boundary.of the iqutheast Y d./ the South~e6gt ir. of SecRiQn 31~; , thence etong.sAld holmdary Noiti- t}0'3TQQ`•Ea~t, 706;OLfeet •Ko the Sa~ither~Y b4tR-dalry.ot t~.genzer Comri-.ohs'Subdfrlsic-!~; thdnce Along tafd bt~unt#ar5+, South $9°4fxfi' EAft, bbl. L7 feet t4tlre Weste~iy bountla~r df the ftari[reaSQ y of •tBe ~4r!theds414 0~ the.Southe$gt!/atiP'$t~ion 89.; fLience aloc98 valid ffauhdary.; SouthJ~•'3A'05" IIVe3t, 5ai-.76 feet; tFiptiye South 89'4645" EAstt, b61.b8 feet•to the Ea}~erly~~ourldarynf tTie SoutBeaSt x of the 3cutheast ~••d# Sec-tlori.31; thence along said boundary, Sogtfi 00`3T~)9' lNest, 729_67 flit to thle PO1N? OF BEGINNING. :fihitafhi4~2'1.81.0 Aces, moire or lc~s5. -- __ F,ND OF UiSI:R~F+i•JON PKepaued• by: • • J-ll,~'tTj~i1NEER:S; Inc.. ~ROr.~ld•M..~Wodge, P.L.S. 13~ `PP VlCI. 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