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2008-11-25
~E IDIZ IAN~- ~~ CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, November 25, 2008 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll-call Attendance: David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Tim Pusey with Valley Shepherd Church of the Nazarene: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of October 14, 2008 City Council Regular Meeting: B. Approve Minutes of October 21, 2008 City Council Workshop Meeting: C. Approve Minutes of October 28, 2008 City Council Regular Meeting: D. Approve Minutes of November 5, 2008 City Council Special Meeting: E. Development Agreement: AZ 08-003 Request for Annexation and Zoning of 12.06 acres from RUT to R-40 (10.56 acres) and C-C Meridian City Council Meeting Agenda -November 25, 2008 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. (1.15 acres) zones for Regency at River Valley (REVISED) by Mason & Stanfield - 2500 North Eagle Road: F. Approve CDBG PY08 Subrecipient Agreement with Meridian Boys ~ Girls Club: G. Resolution No. Use of Fitness Facility & Recycling: H. Resolution No. Solid Waste Collection Rate Chance: I. Resolution No. Declaring City Hall Campus a Park: J. Resolution No. :CPA 08-002 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation for approximately 10 acres from Low Density Residential to Mixed Use -Community for Eagle and Victory by Rose Law Group -Northwest Comer of East Victory Road and South Eagle Road: K. Development Agreement: AZ 06-063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C-G zones for Waltman Property (aka Browning Plazal by Waltman, LLC - 505, 521, 615 and 675 Waltman Lane: L. Agreement with ACHD for Roadway Construction /Sewer and Water Line Improvements for ACHD Project No. 305048 Ustick / Linder Intersection: M. Task Order 0782 Ground Water $ Wells Data Compilation with Hydro Locic, Inc. for $29,685.00: N. Change Order No. 1 with JUB Engineers for Ten Mile Creek Sewer Crossinc for the Not to Exceed Amount of $6,986.00: O. Development Agreement: AZ 07-012 Request for Annexation and Zoning of 258.39 acres from RUT to C-G zone for Meridian Town Center by CenterCal Properties, LLC -Northwest Comer and Northeast Comer of North Eagle Road and East Fairview Avenue: Meridian City Council Meeting Agenda -November 25, 2008 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. Department Reports: A. Mayors Office: 1. Economic Development Report by Phil Stiffler with AspireOn: 2. Economic Development Coordinator Agreement with Virtus Enterprises, Inc.: B. Planning Department: 1. Budget Amendment for Valley Regional Transit for $8,402.00: C. Police Department: 1. Budget Amendment for Community Services Coordinator for the Drug Free Communities Grant for $3,950.00: D. Purchasing Department: Approve Multiple Change Order for Additional Work for Not to Exceed Amounts for a Total Amount of $38,632.00: 1. AATronics Budgeted Contract Amendment No. 3 for $3,018.00 (Owner Initiated 8~ Architect Changes): 2. American Wallcover Budgeted Contract Amendment No. 6 for $528.00 (Owner Initiated Change): 3. Architectural Building Supply Budgeted Contract Amendment No. 6 for $1,603.00 (Owner Initiated 8< Architect Requested Change): 4. Advanced Sign Budgeted Contract Amendment No. 1 for $4,542.00 (Owner Requested Changes): 5. Axelsen Concrete Budgeted Contract Amendment No. 1 for $12, 298.00 (Contractor /Architect /Owner Initiated Changed): 6. Buss Mechanical Budgeted Contract Amendment No. 5 for $5,855.00 (Architect / Deign 8t Owner Initiated Change): Meridian City Council Meeting Agenda -November 25, 2008 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 7. Cobblestone Construction Budaeted Contract Amendment No. 2 for $2,175.00 (Architect /Design / Owner Initiated Changes): 8. Commercial Painting Budaeted Contract Amendment No. 2 for $1,100.00 (Architect Initiated Changes): 9. Paige Mechanical Group Budaeted Contract Amendment No. 1 for $2,132.00 (Owner Requested 8~ Architect / Design Initiated Changes): 10: SBI Budaeted Contract Amendment No. 5 for $4,700.00 (Owner Initiated Changes): 11. Seal Co. Budaeted Contract Amendment No. 4 for $418.00 (Architect / Design / Contractor Initiated Changes): 12. TTE Preconn Budaeted Contract Amendment No. 4 for $263.00 (Architect / Design / Contractor Initiated Changes): 7. Items Moved from Consent Agenda: 8. Continued Public Hearing from October 7, 2008: AP 08-003 Request for City Council Review for an Appeal of Director's Determination to deny alternative compliance to allow a portion of the former Idaho Truss site to be used for shared parking for the Broadway Integrated Project (CZC 08-018) by Ward Schwider -130 East Broadway Avenue: 9. Continued Public Hearing from November 5, 2008: CPA 08-003 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation from Medium Density Residential to Mixed Use-Community for approximately 94 acres for Volterra Commercial by Primeland Investment Group, LLC -west of North Ten Mile Road and north of West McMillan Road: 10. Continued Public Hearing frrom November 5, 2008: RZ 08-004 Request for Rezone of 93.64 acres from L-O (Limited Office) and R-4 (Medium Low-Density Residential) to C-G (General Retail and Service Commercial) (25.10 acres), L-O (Limited Office) (10.70 acres), C-C (Community Business) (37.84 acres) and R-15 (Medium-High Density Residential) (20 acres) zones for Volterra Mixed Use by Primeland Meridian City Council Meeting Agenda -November 25, 2008 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Development Company, LLP -west of North Ten Mile Road and north of West McMillan Road: 11. Public Hearing: MDA 08-002 Request to Modify the recorded Development Agreement for Volterra Subdivision AND create a new Development Agreement for a mixed use /commercial employment area for Volterra Mixed Use by Primeland Development Company, LLP -west of N. Ten Mile Road and north of W. McMillan Road: 12. Public Hearing: 2007 Consolidated Annual Performance and Evaluation Report (CAPER) for Meridian's Community Development Block Grant (CDBG) Program: 13. Public Hearing: Water /Sewer Rate Increase: 14. Public Hearing: Fee for Rental of Rooms in New City Hall: 15. Public Hearing: AZ 08-005 Request for Annexation and Zoning of 73.10 acres from RUT in Ada County to R-15 (Medium High Density Residential) (5.68 acres), L-O (Limited Office) (3.22 acres) and C-C (Community Business) (30.72 acres) and C-G (General Retail and Service Commercial) (33.47 acres) zoning districts for Meridian and Amity by Hawkins Companies -Northwest Comer of West Amity Road and South Meridian Road: 16. Public Hearing: VAR 08-008 Request for a Variance to UDC 11-3H-4 which prohibits new approaches from directly accessing a state highway to allow 2 right-in /right-out access points (approximately 660 feet from the north and south intersections) and 1 right-in /right-out /left-in access point at the '/ mile to State Highway 69 /Meridian Road for Meridian and Amity by Hawkins Companies - NWC of W. Amity Road and S. Meridian Road, south of Hams Street: 17. Ordinance No. AZ 06-063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C-G zones for Waltman Property (aka Browning Plaza) by Waltman, LLC - 505, 521, 615 and 675 Waltman Lane: Meridian City Council Meeting Agenda -November 25, 2008 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council November 25. 2008 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, November 25, 2008, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, David Zaremba, Keith Bird, Brad Hoaglun, and Charlie Rountree. Others Present: Ted Baird, Jaycee Holman, Tom Bany, Keith Watts, Pete Friedman, John Overton, Ron Anderson, Bob Stowe and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Good evening. I'll go ahead and call this meeting to order. We thank you all for being here this evening. For the record it is Tuesday, November 25th. It is four minutes after 7:00. We will first begin with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Okay. If you will all rise and join us in the pledge of allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Tim Pusey with Valley Shepherd Church of the Nazarene: De Weerd: Okay. Item No. 3 is our community invocation and before I ask Pastor Pusey to come forward and lead us in the invocation, I would like to make a comment. Pastor Pusey had opened up the Valley Shepherd Nazarene Church on Sunday for our community Thanksgiving celebration, which all members of any place of worship or all members of our community were invited to gather together in thanksgiving in celebration of all that we are thankful for and it was a beautiful facility certainly. But we had 250 people be entertained and join in our celebration for Thanksgiving. So, we appreciate, Pastor, that you share your community asset, your place of worship, with this community to gather. So, with that said, I will ask you to, please, come forward and lead us in the invocation and invite our members of the public here tonight to join us or take this as an opportunity for a moment of reflection. Pusey: Heavenly Father, in this week of Thanksgiving we pause to thank you for your many many blessings in our lives and particularly tonight we thank you for the opportunity of being apart of the community of Meridian. I thank you, Lord, for these • • Meridian City Council November 25, 2008 Page 3 of 75 E. Development Agreement: AZ 08-003 Request for Annexation and Zoning of 12.06 acres from RUT to R-40 (10.56 acres) and C-C F. Approve CDBG PY08 Subrecipient Agreement with Meridian Boys & Girls Club: G. Resolution No.: Use of Fitness Facility$ Recycling: H. Resolution No.: Solid Waste Collection Rate Change: I. Resolution No.: Declaring City HaIlCampus a Park: J. Resolution No.: CPA 08-002 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation for approximately 10 acres from Low Density Residential to Mixed Use -Community for Eagle and Victory by Rose Law Group -Northwest Comer of East Victory Road and South Eagle Road: K. Development Agreement: AZ 06-063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C-G zones for Waltman Property (aka Browning Plaza) by Waltman, LLC - 505, 521, 615 and 675 Waltman Lane: L. Agreement with ACHD for Roadway Construction /Sewer and Water Line Improvements for ACHD Project No. 305048 Ustick / Linder Intersection: M. Task Order 0782 Ground Water $ Wells Data Compilation with Hydro Logic, Inc. for $29,685.00: N. Change Order No. 1 with JUB Engineers for Ten Mile Creek Sewer Crossing for the Not to Exceed Amount of $6,986.00: O. Development Agreement: AZ 07-012 Request for Annexation and Zoning of 258.39 acres from RUT to C-G zone for Meridian Town Center by CenterCal Properties, LLC -Northwest Comer and Northeast Comer of North Eagle Road and East Fairview Avenue: De Weerd: Item 5 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council November 25, 2008 Page 5 of 75 • looking at all that information in regard to the fact of making sure that we have got data and other information that goes to help those businesses that are here, as well as looking at the data information important to attracting or emerging other businesses. I would also mention -- and I have left with the city clerk -- there is a packet that Ihave -- I think that each of you may have, which I will not go through in depth, but I will mention in the packet there you're going to find several items, including what we would call a fact sheet, it's something that we can utilize, more of a summary. We were asked for this. More of a fact sheet document that's more of a quick and easy read to be able to provide to those people that have inquiries in what goes on in our community and give me more of the economic issues. There is also things specific where we have drawn upon a lot of businesses here. The same as identified. I know that Councilman Rountree, for example, and myself we are actually at the top 75 businesses in the state. At that time with the count we actually had 12 and potentially 13 actually out of that group that were very proud to be Meridian businesses. I think the reality of looking at some of the businesses that are headquartered here and the entities that here will lead into some of my discussion about more of the updated -- the realities we face today. Also, I would mention there is one other document that I would definitely invite you to read. I think Councilman Hoaglun was -- I don't know if at the time he got a copy of that when I presented it to the state legislative committee. But that was the document that was presented there in support of our health science tech corridor and I'm pleased to say -- and I will report a little bit later that ended up being an eight zero vote in favor of that going forward. So, with that, more on what I would call recent activities, but I will call the first one there as economic reality. I'd like to report to the Council something that I know that you're very aware of and I must repeat it in the context of talking with businesses, small, medium, large throughout our community. If everybody is faced with the national economic issues that we know, that we read -about everybody in the papers. I would say that one of the responses that I continue to get from a lot of the businesses are, Phil, we have gat to pay attention to running our business and the idea of understanding that we all know -- I know Councilman Bird -- we talked about it before. If you look at the fact running your business is a primary focus of what must be done. The thing that they ask me continually is related to let's make sure that we stay the focus on Meridian, on the macro things that we can do, to help gamer jobs and help our businesses that are here today and I will say the traction related to even the health sciences tech comdor -- look what hit is. They look at that how that will impact that restaurant, how that will impact the other businesses in our community and they want to stay focused on that. We have got a leading ledge and we are taking something to be that driver or catalyst -- what I call more of that economic engine. And so in those realities -- I think the realities are is we need to stay optimistic. I think our business community and our stakeholders view of that they want us to stay optimistic, but they want us to say in focus on the attention of what we can have in impact and understanding what we may not be able to have an impact on. And I think that that leads into my next statement of something I talked with the Council in June is the next bullet there is relationship building and networking. I would say that right now the economic base that we have -- that we have -- or the economic situation we have today, it's very paramount that we look on how we can build from within and I want to use a couple of examples to share with Council that some of them you may be aware of and • • Meridian City Council November 25, 2008 Page 7 of 75 see over the next few issues, they are going to start featuring a lot of the businesses that are in our health tech corridor and start telling a story about what they represent, whether it could be research and development, whether it could be the new complex care hospital, which come January they will employ close to 200 people. What comes out of that, too, is we start talking to the people, whether it's EI Dorado, whether it's Silverstone, whether it's Gramercy, whether it's Bridgetower, where ever it might be in the developments in our community. We start to find out that they are now going to attract physicians, of specialty groups, to be part of that group and it's the best economic engine on a reality with regard to return on the dollars invested that we find today in the country that's still being financed, still growing, and to be honest, I'm one of those guys in that demographics that require that kind of health care and those things. We have got some focus in the state -- Tammy's smiling at me, because it won't put hair back on my head -- but we have got some focus in the state right now, even from the governor's office, if understanding the importance of that. So, the health sciences tech corridor -- as you know, I have talked for some time about it and I guess this was why I was very much thankful that Councilman Hoaglun was there also to help support it. We tried to look at supporting the idea that you cannot find a health sciences tech corridor in the United States that I'm aware of that does not have the educational component that needs to be there. As you may be aware -- and I gave you the actual presentation, it's in your packet, is the summary bullet that I gave to the state legislative committee that day. I had testified previously with the state board of education and I, again, on the follow up, on staying on the track of the fact in support of the fact of the community in Meridian, but supporting what we can do to have the influence of that educational entity that can be the catalyst and supplemented by other educational institutions in our community, just push that whole medical program forward, because to do the clinical trials, to do the other testing, to get the other research and development, we need that component. As you may be aware, the good news is -- I don't know, I didn't get a chance to talk to Council -- I told Councilman Hoaglun -- I switched my whole presentation today. I was at the legislature. I will be very blunt. They had listed the facts and numbers for about four hours and you guys all know me that I like to talk and the Mayor wasn't there to kick me, but the point is I wanted to speak a little bit from the heart and I told them the ideas, I do have a dream, and I have a dream of the fact that we are going to be a regional medical center and it will be in Meridian. The good part about it is I left that legislative committee -- I know Councilman Bird didn't get a chance to stay, because our meeting ran late at St. Luke's, but I have to admit the St. Luke's advisory board, the day I was there, it was exciting to talk to those people and the day before where they had just -- I just left the legislature, hadn't known what the vote was going to be yet, but, actually, a lot of the senior people at St. Luke's included Skip Oppenheimer was there from the systems and some other people to come and, I tell you what, Charlie, I had a tough time getting away, because it was like they said -- and as you know, I sat there and told them we are sitting right at the heart of that -- of that health sciences tech corridor. And the reality is is that St. Luke's, as you know, launched their bond issue I think about that same day, because they have some vested interest in looking at what's going on. They are looking at investing a billion dollars over the next ten years. We need to be part of that in looking at those returns on those values of dollars that tie into that to spin off from it. So, with that -- with that next thing in Meridian City Council November 25, 2008 Page 9 of 75 ~~ J like to give a little bit of report on that. I want to point out that you will see this area has the seals district, that's not my name and that's not -- you see please look in the bottom, it says Northwest Nazarene University student project draft approach. What I summarized here is that the students, after they had completed that study, they, then, actually looked at doing a presentation for us and we invited the same stakeholders in that area to be involved in that and I'm not picking on Frank, he's one of the ones here, but Frank's here today and he actually -- he had a chance to sit in that and I think he would share with you that it wasn't dictated, we shared ideas. I think it was a surprise to a lot of the developers there, but it was also saying wait a minute, not a bad idea, let's look at it more. And so the reason I present it -- we are not in a stage to say this is really where we need to go, this is just more of the beginning of the feasibility side of that and so I just will mention, you know, the geographic area when we first had identified it, we kind of took a little pocket out there just in that northwest corridor, which had included at least we think the three major developments, but included other areas beyond it. So, what -- what they kind of said was what the students did was they just identified some initial thoughts with regard to the items that you may see there. Climate. Specialized farmers. They were trying to say a variety of processing industry in the area, presence of university infrastructure, local access to medical research and hospitals. Well, they tried to say what's the really feasibility of a bio ag, bio sciences, what's my business enterprise -- kind of looking at the business enterprise corridor concept, is it feasible, does it make sense. And the reality is is that when it looked at that one of the people that I also drew upon is I actually drew upon Jan de Weerd, who, then, was -- you know, some of you know Jan's background, because I went to him, because I knew he had actually worked in an area to get his input and invited him to come to the meeting and not because he's the Mayor's husband, because of his expertise in the area and I know in looking at to sit down and say let's look at -- let's look at this, what do we really need to do as far as that first analysis take on it. So, out of that the students, then -- actually, when they -- when they kind of listed all these other things of saying it was kind of the broader brush and the broader brush of saying here is some realities and they went out and looked at some comparable, other areas around the country and so said we said what could -- what could this mean to northwest Meridian and the bio -- if you look at bio energy technology industries, most of you have been to the Salt Lake corridor, if you want to look at what's driven the Salt Lake corridor when even the tech side went down, what was driving it's been the Neutraceutical bio life sciences field and we sit here with entities that you will all know here from the Simplots to the people out there to the University of Idaho's program, a lot of the things that are there that give us an opportunity to look at it. So, these are positions of saying of where that is northwest -- and I'm going to interject right now, it was interesting in our meeting with the developers, they said to me, they said, well, we kind of got in this general discussion and they said, Phil, is it really just the northwest, is it truly a corridor -- is it really part of this beautifully planned -- I don't see it on here tonight -- the Ten Mile, they said here is a Ten Mile corridor and they said if we look at this as a more economic corridor, what drives what? It's sort of like if you still got developments and if you still have a plan that the city's approved and we have and we know where we have seen the attraction of the Ten Mile whole master plan, can that be part of that -- part of that whole corridor to drive an economic engine that puts the right kind of jobs, the right • Meridian City Council November 25, 2008 Page 11 of 75 Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: No question, just a comment that Phil does an excellent job before the legislative interim committee on medical education and -- and he did do a change of pace and I think that was a good thing. It really worked well. What was interesting was he had spoken to them before and they had invited him back and I -- to hear what Meridian is doing and I think they are very pleased to see a community step up and we are not asking them to do something for us, but we are taking the initiative and moving forward and now they are working to solve a problem and they have a community that's willing to help them find a solution and I think that's very positive for this community and Phil did an excellent job in that presentation. Stiffler: Thank you. De Weerd: Thank you. Any other comments? Rountree: Madam Mayor, just a comment. This whole concept I think is unique. It's exciting. If I'm a futurist and visioning, I think it can generate some real traction, but it is going to take a lot of folks, from the legislature to the individual property owners to make it happen and I think your initial study or your work plan feasibility study is the place to start and, hopefully, that will coalesce the energies if we can get of all of these people and actually see something start out there and I would hope relatively soon. De Weerd: Well, Council, I -- Councilman Rountree and I were able to do a mobile workshop and look at a community who is utilizing these type of industry cluster districts in their own community and the economic growth and vitality even in this tight market and tight economy, they are thriving and they are bringing investment, high paying jobs to their community at a time where many communities are losing those jobs. So, this is the right approach and we want to proceed with a strategic plan in moving forward and making sure that it's not pie in the sky, that it is right for this valley, for Meridian, and we can help define why -- why Meridian and I think that's important in moving forward and in getting all the key stakeholders on board to make an investment of time at this point to join us in making sure that this is realistic for Idaho. So, any other questions? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I would only add that one of the things that you try and do in marketing is find what your differentiation is or what your specialization is and this particular concept may be a new idea to many people and that actually can be an advantage. If there are -- if there is nobody else within a thousand miles doing this, why shouldn't we, and I do agree that the people that would really know whether they could make it work or not are probably the developers and the landowners, but if we can convince them that this is Meridian Ciiy Council November 25, 2008 Page 13 of 75 Baird: Members of the Council, the meat of the agreement is in the scope of services which is at the end. It's a detailed three page attachment. Difficult to summarize, but it appears to be very comprehensive. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeings how I'm the one that raised the question and I don't like approving contracts that we haven't read or amendments of something, as long as Ted feels comfortable with it. Baird: Madam Mayor, Members of the Council, Council Member Bird, Mr. Nary worked on this directly and he's okay with it, that's why it was on your agenda last week, so with his endorsement I think you're good to go. Bird: It's a one year contract; right? De Weerd: Yes. Baird: It's based on the standard form professional services agreement that the purchasing department uses and everything's covered. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: With that I move we approve the contract agreement with Virtus Enterprises, Incorporated. Rountree: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Item 6 -- oh, before I move to Item 6-B, I have a little presentation to do. This is so cool. I would like to ask Mr. Baird to, please, join me down here. At our grand opening for the City Hall we recognized a handful of key staff members that helped make this a reality and Mr. Baird was sick and so I did want do give an opportunity to publicly thank Mr. Baird for the roll that he played in bringing this building Meridian City Council November 25, 2008 Page 15 of 75 request, the line item we are suggesting it come out of or if it's new money, that would also be noted on there. We want to take the guessing work out of this. So, just wanted to let you know that we talked about it at our directors meeting and we are moving forward under that --that new process. C. Police Department: 1. Budget Amendment for Community Services Coordinator for the Drug Free Communities Grant for $3,950.00: De Weerd: Okay. Item 6-C under Department -- or our police department. Overton: Good evening, Madam Mayor, Members of Council. You should have before you tonight a budget amendment for 3,950 dollars. Simply put, this ended up being really kind of a finance oversight that we are correcting. We put in for these funds two years ago. for a grant that we did not get. We put in for them again last year for a grant we did get and finance is very efficient, they realized -- they realized it was a one time expense and, unfortunately, subtracted out the year that we actually got it. So, we had to go back in and add these funds back in to fulfill the grant that we now have. As I said, it was something that we recognize with finance. They even were nice enough to do the budget amendment for me. So, with that, if I -- any questions I'll answer them for you. De Weerd: Wow. You had a special consideration there from finance, uh? Overton: They don't admit a mistake. They didn't admit a mistake, but this is as close as I'm going to get. Bird: I was going to say, you didn't get a full disclosure. Overton: That's correct. De Weerd: Okay. Council, any questions for Lieutenant Overton? Bird: I have none. Rountree: I have none. De Weerd: Okay. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. • • Meridian City Council November 25, 2008 Page 17 of 75 No. 2 for $1,100.00 (Architect Initiated Changes): 9. Paige Mechanical Group Budgeted Contract Amendment No. 1 for $2,132.00 (Owner Requested ~ Architect / Design Initiated Changes): 10. SBI Budgeted Contract Amendment No. 5 for $4,700.00 (Owner Initiated Changes): 11. Seal Co. Budgeted Contract Amendment No. 4 for $418.00 (Architect /Design /Contractor Initiated Changes): 12. TTE Preconn Budgeted Contract Amendment No. 4 for $263.00 (Architect /Design /Contractor Initiated Changes): De Weerd: Thank you. Item 6-D, our Purchasing Department, Mr. Watts. Watts: Good evening, Madam Mayor, Council Members. Tonight you have 12 change orders. They are budgeted change orders to the City Hall project. The majority of these are all owner or architect requested changes. Total amount on the 12 changes is 38,632. They are listed individually. You should have a copy of them as well in your packet. Here for any questions. De Weerd: Council, any questions? Bird: I have none. Rountree: None. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the change orders, 12 of them, for a total of 38,632 dollars on the City Hall building. Hoaglun: Second. De Weerd: I have a motion and a second to approve these items. Any discussion? Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. • Meridian City Council November 25, 2008 Page 19 of 75 Bird: Madam Mayor? De Weerd: -- Council? Yes, Mr. Bird. Bird: With that I would move that we close the public hearing on AP 08-003. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move that we remove AP 08-003 as an active agenda item from the City Council's agenda. Rountree: Second. De Weerd: I have a motion and a second to remove this item as an active agenda item from -- Baird: Madam Mayor? De Weerd: Yes. Baird: Before you take action -- pardon my interruption. I might suggest that since you have an appeal you might decide to take -- take final action on that tonight based on the information that's in front of you. Bird: Would it be best for us to deny it? Baird: I beg your pardon? Bird: Would it be best for us to deny it? Baird: Madam Mayor, Members of the Council, Council Member Bird, I can't tell you what's best for you to do, I just wanted to remind you -- Bird: I think you just did. I withdraw my motion. De Weerd: Okay. So, is it an option to remove it from the agenda? C Meridian City Council November 25, 2008 Page 21 of 75 Rountree: So, are we going to have a substitute motion or are we going to vote -- Bird: Are you going to pull your second on the original one? Rountree: I don't need to if we are going to vote on the motion. Zaremba: I didn't second it. I don't believe. De Weerd: Well, that wasn't the question. Rountree: I seconded the first motion. Bird: Checking the first one, we can -- De Weerd: I'm glad we have a lot of chairs tonight. Rountree: And I think we are discussing the -- so, nobody asked for call for question at this point, so I guess I'd throw that out. If somebody wants a substitute motion. Mr. Bird suggested one, but didn't make it, so it couldn't have been seconded. If he wants to make that as a substitute motion, he could make it and see if there is a second. Bird: I will make a substitute motion that we uphold the appeal of the director's determination to deny AP 08-003. Zaremba: I'll second that. Bird: Now the question. De Weerd: We have a substitute motion. Any discussion? Okay. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: Okay. All ayes. Motion carried. That was a substitute to the original. MOTION CARRIED: ALL AYES. Item 9: Continued Public Hearing from November 5, 2008: CPA 08-003 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation from Medium Density Residential to Mixed Use-Community for approximately 94 acres for Volterra Commercial by Primeland Investment Group, LLC -west of North Ten Mile Road and north of West McMillan Road: Item 10: Continued Public Hearing from November 5, 2008: RZ 08-004 • Meridian City Council November 25, 2008 Page 23 of 75 center, similar to what Mr. Stiffler was commenting to you on tonight. This area is part of that BEC corridor that he had mentioned to you in the earlier presentation. So, one of the requirements that -- the applicant has submitted photos, basically, depicting some of the uses on the site. So, here is the assisted living, some of the big box that they are proposing there on the comer of McMillan and Ten Mile. Here is some of the general businesses. Your medical tech buildings. Hotel uses out there. Even possibly a hospital, skilled nursing facility, health club services and these photos were taken -- primarily taken from buildings within Meridian. My understanding is there was some other photos taken from additional buildings in the -- from Arizona. And, then, here is, again, some other retail elevations. And, then, again some of their senior living housing. Again, with this -- because there is a development agreement modification and because when you guys -- when this site was previously approved back in 2006 that development agreement had different stipulations and so now since this project has changed significantly from what was approved in 2005, staff felt it appropriate that they remove at least the mixed use community potion or the rezone portion of the property before you tonight, remove that from the original DA and, then, incorporate a new DA for the 111 acre site with the rezone. So, with the DA provision before you -- it is not a comprehensive list as everything within that DA -- requirement for the DA, but it's really just to give you some of the meat and potatoes of that -- of the new DA required for this Volterra mixed use project. Again, the C-G portion will have a minimum six buildings, nothing to exceed 250,000 square feet. And, then, maximum allowable square footage of 558,000 square feet. The C-C zoned property -- again, a memo, the 11 buildings, not exceed 200,000 square feet, with a total square footage of 364,000 square feet. The L- Ozoned portion shall consist of five buildings, with no building exceeding 20,000 square feet, with a maximum nonresidential square footage of 120,000 square feet and the R zoned property shall consist of three buildings and minimum of density of eight dwellings to the acre or -- and maximum of 75 buildings, provided it does not exceed the density requirements of the R-15 zoning district, with no one building exceeding 130,000 square feet. Also, on the concept plan the applicant did generally depict locations for five plaza areas to add some of that pedestrian connectivity there. So, staff felt it proper and the Commission held with that recommendation to at least have the applicant construct a minimum of five plaza areas and the connective pathway to connect those plaza areas and, again, staff has tied the applicant -- at least the elevations, those photos to the DA, so that future buildings will be constructed generally consistent with those photos. And, lastly, the subject site does have a pathway that runs along the northern boundary of the site and so staff felt it appropriate to have a DA provision in there requiring the applicant to coordinate with the parks department on the location of that pathway and their design standards for that pathway. Excuse me. Things brought up at the hearing. The Commission did recommend approval of the CPA at the August 14th hearing and recommended approval of the rezone at the October 2nd hearing. Summary of that hearing, speaking in favor was Cornell Larsen. No other written testimony or opposition was recorded against the project. Key issues discussed by Commission -- really nothing was too disconcerting for the Commission. Everyone felt it was appropriate uses proposed for the site and approved of the concept plan and the applicant has sent a letter to staff in agreement with the staff report and the conditions of the DA. So, those aren't a topic of discussion from their standpoint. And, Meridian City Council November 25, 2008 Page 25 of 75 apartment argument rearing its ugly head for not only us, but the future developer and/or the future owner of that property. Parsons: Madam Mayor, Members of the Council, Councilman Rountree, certainly it's at the discretion of the Council to modify that DA provision, but staff has at least tried to, in their R-15, at least in that zoning, tried to put some kind of density requirement on that. The R-15 zone I believe has a maximum height limit on structures. I don't recall if it's 35 feet or 40 feet. So, there are assurances there that that -- you won't have too high of a structure. You have a collector road -- if you look at the concept plan, there is a collector road that will buffer against those residences and typically what the applicant is proposing .with the -- at least the assisted living from of the last couple hearings that we have had before you, there have been projects that come before you that have proposed assisted living and I don't recall a lot of opposition to those projects moving into the -- into neighborhoods. Rountree: Madam Mayor, that's because we haven't had them built yet. Friedman: Madam Mayor, Council Members, just one addition to that. I think in looking at the provisions of this development agreement where it consists of a minimum of three buildings and has some density minimums on there, if the Council would be more comfortable you could probably include language in there that other than the large assisted living complex of -- other residences in there, have a unit limitation on them, so that you don't get a series of eight-plexes or four-plexes or something like that. And perhaps after the applicant makes their presentation, we can revisit that, so we can maybe craft some language that would at least assure your comfort level on that. Rountree: Thanks, Pete. De Weerd: And, Pete, I guess I don't remember in the development that was approved in the Ten. Mile area if -- oh, south of Franklin Road and west of Ten Mile, it's the only residential piece. It's, actually, the only development that's been approved in that area between Ten Mile and Black Cat south of Franklin. There were apartments or higher density in there and we did a requirement that there be a plat note and there would be signage, so that any future residences would know what the intent of that property was for. I don't know how it was worded, maybe Mr. Baird might know, but that's something as well that can be put on the development agreement. But I guess one of the things that we found from just the square mile to the east of there is when that was parceled out, because it came in as a planned development -- when that was parceled out that was not included on the plat that the homeowners got when they closed on their homes and I think that was really what served the reaction that we got. Friedman: Madam Mayor, Council Members, yes, lagree, Ithink -- you know, we put a note on the plat and that's fine and well, the plat gets recorded and most home buyers never look at the plat or it's the unusual home buyer that does the level of research to investigate what the plat notes -- heck, they hardly ever even read the covenants, I will bet you. So, I think the Mayor has a good point and we would need to craft some kind • Meridian City Council November 25, 2008 Page 27 of 75 Parsons: Right there. Yes. That is the right-in, right-out only. Zaremba: Okay. De Weerd: Okay. Anything further from Council? Bird: I have nothing. De Weerd: Okay. I would ask the applicant's representative to the come forward. If you will, please, state your name and address for the record. Larsen: Thank you, Madam Mayor, Members of the Council. My name is Comell Larsen. Address is 210 Murray in Garden City. I'm here tonight representing the applicant on the project. We have been about nine months or so working with staff and -- and the applicant on the project and we are very happy with the staff report and the approval from the Planning and Zoning Commission. We have no real issues with the staff report at all. I would be happy to go through the project a little bit with you, if you'd like to do that, or answer questions. However you would like to go. Talk just a little bit about the access points and I'm not sure I can make this work, but this one -- the south one on -- on Ten Mile Road is a right-in, right-out. The three on McMillan were proposed as full accesses. Because the one closest to Ten Mile actually aligns with another street that we are going to propose on the southwest comer of the -- that intersection in the future. The project is conceived to have a large retail user in the comer of McMillan and Ten Mile. Along Ten Mile as you go up we have looked at hotels and other business applications. Our intent is to have a large employer in the facility at some point. We have shown that -- and, again, I'm not sure how this work, but somewhere right in here. Holman: If you just push -- I'm sorry. Madam Mayor, Members of the Council, on the top of the board you will see some keys that have a highlighter on them, maybe pick the red one and push that button. Larsen: Okay. Holman: And now try writing with that. Larsen: Okay. Friedman: We can drive it from here, Comell, is you just show us where to go. Larsen: Okay. This would be the -- this would be the area of the large employer and, then, directly to the west of that -- this area was conceived to have some offices with an open court area. Trying to attach -- or connect a pathway going to the -- to the -- I'm doing not good at all with this. Going to the north and south. There is also to the west of the area that I was just speaking of, there is a park in this area that's planned, so there is an open park there that would inner-tie to the businesses as well. As we move • Meridian City Council November 25, 2008 Page 29 of 75 They do have to be replaced, because they get tom down from time to time or destroyed. So, there is some -- but there is willingness on our part to work with you on those conditions. We do want to -- we won't be developing the property to the west and so we'd like to make sure that the neighbors are aware of what's going on, on the site we are proposing now. Rountree: Madam Mayor, just a follow up. Another thing that would be helpful is a sense of timing. You know, if, in fact, this is there before we see anything to the west, then, it may not become an issue. So, are you looking at within the next three years or are you waiting for the market to be just right and we don't know when that is? And I wish I could tell you, Frank. Mine's not any good either. Larsen: Madam Mayor, Councilman Rountree, we, obviously, would like to go as fast s we could on it, but, again, market conditions sort of dictate that. There has been some interest in -- in some skilled nursing in that area. There has been some interest in some senior living in that area. So, if it would move sort of move forward fairly quickly and given the economic times we are probably at least a year, maybe a little longer, away from -- from even being able to start some of the improvements and moving forward, we need to, obviously, your approval on the comp plan amendment rezone development agreement and try to work through the next year and see if we can get something going there. Rountree: Thank you. Larsen: Thank you. De Weerd: Any other questions from Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: At the risk of repeating what Councilman Rountree has already said, I just want to add that I share his concern, not necessarily about this applicant, but we have instances where you describe something that we all like the result of that is it needs to be an R-15 once we designate it as an R-15, some future owner of it says, oh, I have got R-15, there is all these things I can do. So, I would suggest that there may be things that we could do in a development agreement that may be what you are already proposing to do, but don't leave us so open to what a possible future owner might change to. Are we covering that? Friedman: Madam Mayor, Council Members, we do have a provision in the development agreement before you tonight that binds the applicant to the site plan that is going to be an exhibit to the development agreement. In addition, if it's the Council's pleasure through your motion we could also add some language that would place a requirement on them to put some form of on-site signage that would at least prevent an Meridian City Council November 25, 2008 Page 31 of 75 know in a commercial project who our final user is and as it goes through the -- from start to end, the users may change and if some of the things Phil mentioned earlier in the meeting come to fruition, some of our thoughts may change out there as well. So, again, keep in mind it is a concept plan and we are trying to apply zoning to the concept plan at this point in time to the best of our knowledge, so -- De Weerd: I think a lot of it is more -- as long as the intent doesn't change. And our staff has tried to work out some of those bugs, but it's important that at least the intent as portrayed in front of Council -- maybe some of the lot lines move or that sort of thing, but it's the intent. Larsen: Madam Mayor, the way we had asked -- we had requested the zoning was some of the things that we had talked through with staff is what do you want to see for buffers and where and what kind of uses do you want to see in there and what type of things would be attractive to Meridian that are not here now that may be or we may desire to have in this particular quadrant of the city, so a lot of the things we talk about are things that we had discussed with staff about where some of those uses might go. We ran that by them as we went through the planned concept, so our intent was to try to put the best buffering items next to the residential areas that we could, work with the park, keep the north boundary office oriented in case you get some residential up along that boundary as well. De Weerd: Okay. Council, any other questions? Bird: I have none, Mayor. De Weerd: Thank you. Larsen: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on any of these items, nine, ten and 11? Okay. Any final comment from the applicant? Council, any further information needed? Bird: None from me. De Weerd: If not, do I have a motion to close? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearings on CPA 08-003, RZ 08-004, MDA 08-002. Rountree: Second. Meridian City Council November 25, 2008 Page 33 of 75 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve MDA 08-002, the request to modify the recorded development agreement for Volterra Subdivision and create a new development agreement for mixed use commercial employment area for Volterra Mixed Use by Primeland Development Company, LLP, and to take staff, public, and applicant testimony and apply it to the new development agreement and to make sure that signs as the applicant agreed to are posted within the location of the development and that, you know, the plat and everything as noted -- notes on it also. Rountree: I will second that. De Weerd: Discussion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Would the maker of the motion also include a reference in the development agreement that at the development of future design review guidelines they would be applicable to this project and the intent as stated by Mr. Larsen to accommodate buffering between uses here and neighboring uses would be -- be referenced in the development agreement. Bird: The maker can agree to that. Rountree: Second agrees with the agreeable maker. De Weerd: Aren't we agreeable tonight. Okay. Any further discussion? Seeing none, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: AZ 08-005 Request for Annexation and Zoning of 73.10 acres from RUT in Ada County to R-15 (Medium High Density Residential) (5.68 acres), L-O (Limited Office) (3.22 acres) and C-C (Community Business) (30.72 acres) and C-G (General Retail and Service Commercial) (33.47 acres) zoning districts for Meridian and Amity by Hawkins Companies -Northwest Corner of West Amity Road and South Meridian Road: Meridian City Council November 25, 2008 Page 35 of 75 • Rountree: There is some degree of risk to the applicant that if things don't work out quite as they anticipate with -- with ITD and the ultimate variance request, so I would think that it's kind of a hand in glove deal. De Weerd: Why don't we ask -- Rountree: I'd like to see them go together. But, again, I guess if the applicant's willing to take the risk and do something on the application that might be acted on tonight and only to have to change it in March, I guess that's the risk I see. De Weerd: I guess at this point I'd just ask the applicant or the applicant's representative to address this specific item. It seems like we will move forward, we will have staff do their reports, et cetera. If you will, please, state your name and address for the record. Evans: Lance Evans. Hawkins Companies. 855 Broad Street. Suite 300. Boise, Idaho. 83702. De Weerd: Thank you. Evans: We have requested the deferral on the variance only because of the staff report that we received on Thursday that enumerated some things and there was some politically -- I should say shifts in position in some of the previous meetings with ITD to the letter that is in the packet and there is other items that we would just like the opportunity that we think we can go back to ACHD and ITD and potentially -- potentially get -- get in more agreement. We'd just like the opportunity to work on those. And those issues are all specific to the access points and we realize we have to work through those access points one way or the other, sooner or later. We do want to go forward sooner, but we would also like to do proper diligence in working with those agencies to get what we need. At the same time we don't want to delay -the annexation and zoning request, because it would -- we are afraid that we just need to keep that process moving. We want to keep this project going forward as much as possible and there really are minor issues on that project that I think we can work out here tonight. So, that's where we are coming from. De Weerd: Okay. Council? I think you have heard Council at least, too, say that they would see those two going together or -- anyway, that's what I heard. O'Very: Hi. Jason O'Very. 5537 North Brigadoon Avenue, Meridian, Idaho. 83646. I'm also with Hawkins Companies. I think that the point -- the additional point, we just want to say we didn't feel like we had to hear that, but I -- in our response to you I guess at the Council's wishes it's both or nothing and we just want to be clear that that -- when we spoke with staff we said, hey, look, we don't necessarily see that we have to have the zoning annexation tied to the variance request for the access. We have been kind of following some of the other projects and we have seen this Council make decisions related to zoning and annexation and table a decision for -- or defer a decision as it Meridian City Council November 25, 2008 Page 37 of 75 annexation and zoning? Because without those access points is it going to work to have the zoning and annexation under these classifications? O'Very: We believe that -- we believe that this will be a good center. We believe that we do need those access points and what our -- we think ultimately with the information we confide, that our traffic consultant's prepared to share with you the design of the -- the actual tapers, the design of the decel lane, that we hope, again, merit the support that this Council could see that this does make good sense for this project. So, I'm -- Bird: And I don't disagree with you, Jake, on that, but the point is some of your retail and stuff might not be able to go in there if you don't have the access points you need. So, are we going to be changing it? I mean I realize that getting this annexation and zoning approved puts a little bit of hammer on the other two entities, because it's saying the city thinks that's a -- a proper annexation and zoning area out there and stuff, but my biggest concern is if you don't get the variance will this annexation and zoning work. And it's -- and, you know, like Councilman Rountree said, it's your -- you would have to decide to go forward or not. O'Very: Well -- and if the -- if the decision is today and given what I believe I'm hearing, an initial read on -- from -- from Council, that -- then,. we probably need to defer to go spend that time working with the agencies to come back and see where we can get with them. Rountree: Madam Mayor, maybe if I can give a little history. As you well know, we have the ordinance in the City of Meridian that we don't approve access onto a state highway, other than at the half mile. O'Very: Right. Rountree: You referenced that we have varied that. We typically have varied that only after we made a decision that there will be no access and the applicant has obtained permission and an access agreement with the transportation department. We have not granted variances in advance of that and we have denied them and continue to deny them when there isn't an access permit granted by the transportation department. That's your risk. Though, your risk tonight is at best you will get an annexation with no access onto Meridian Road, with the exception at the half mile mark. Now, that's a risk -- I'm just putting it out there, that's the best you're going to get, probably. O'Very: Uh-huh. Rountree:. Not that we have had the hearing and made the decision, but I'm just giving you the history. But I'm willing to hear it if you want it heard and let the chips fall where they may, I guess, if you're willing to take the risk. And, then, having to come back. Evans: Madam Mayor and Council Member -- • Meridian City Council November 25, 2008 Page 39 of 75 De Weerd: -- item and decisions apparently will be made at the end. That's the best I can offer is -- Rountree: If they want to continue the variance hearing, they can continue that, but we need a date certain. De Weerd: So, Mr. Baird, I guess with this open public hearing that there really are three choices. One, they can ask for it to be continued at the end of the discussion of the annexation. Two, they could withdraw. And, three, Council could deny it. Anything I missed? Baird: Well, Madam Mayor, one of the considerations could be -- rather than having two open public hearings is to just proceed on one of them -- on the first one and when you get to the end if there is a desire to continue that, then, continue them both to a date certain. That implies what you just said, that -- you know, lots of different ways you can cut it here. De Weerd: As chair I certainly don't have -- I think it's probably best split and, then, if Council wants to hear about the variance request, I will, then, open it at that time. Baird: Madam Mayor, Members of the Council that would keep the record as clear as possible. So, if, in fact, there are two open hearings now, you will probably-want to at least table one of them until then. De Weerd: Okay. Do I table it or just reverse the opening of the public hearing, if you can do that? Baird: Either one would be sufficient. De Weerd: Okay. Why don't I reverse the opening of the public hearing on VAR 08-008 and we will go ahead and move forward with the public hearing on AZ 08-005, unless I hear differently from Council. Bird: Fine with me. De Weerd: Okay. So, we will start hearing staffs comments on Item 16. I'm not -- I'm song, on Item 15, AZ 0-005. Friedman: Thank you, Madam Mayor, Council Members. Based on I think what I just heard from the Council, in the event that there may be a decision tonight, Ithink -- and Mr. Baird can correct me if I'm wrong, if Council gets to the point and they feel comfortable in making a decision and if that aligns with the recommendation of the Planning and Zoning Commission, then, the applicant does -- is at the risk of having that in place and moving forward being annexed into the city with a development agreement and, then, having to come back with a variance for the access; is that correct? • Meridian City Council November 25, 2008 Page 41 of 75 184,000 square feet and total square footage of office and retail uses proposed on the site is approximately 478,800 square feet. Now, to the access points for the site, the applicant is proposing two full access points to Hams Street, which is located here and, then, an access point from the multi-family development -- proposed multi-family development. Three access points to Meridian Road. One right-in, right-out, left-in at the quarter mile. Aright-in, right-out only at the eighth mile and, then, another right-in, right-out at the eighth mile located and labeled as access three. Two full access driveways and one right-in, right-out driveway access is proposed on West Amity, this -- where my arrow is on the south, that was proposed as right-in, right-out only. Access located centrally along the southem boundary and, then, on the western boundary is another full access point roughly at the quarter mile. These were the access scenarios that were discussed in the -- the applicant's TIA -- TIS impact study -- or traffic impact study. These are the four scenarios that they analyzed. I'll let them dive into that more and provide more of those details for you. The applicant has provided elevations for particularly the large box in the multi-tenant large retail building along the southem and northern boundaries. Basically one of the requirements -- the reason why you see a lot of the side and rear elevations of these larger boxes is one of the DA provisions staff has required that they provide modulation and some architectural detail on the rear facades of those larger buildings to kind of help blend in with the surrounding neighborhood if future -- because of the future residential that is -- is planned to happen in along -- to the west of this site. And, basically, these elevations were primarily just to show -- depict the type of building materials that would be used on the site. One other thing I would let the Council know that a DA provision is in place that requires the applicant receive design review approval prior to any building permit on the site. So, whether it's the current provisions in place now or the future provisions coming before you in January. So, I am going to try to hit on some of the DA provisions that we have tied to the staff report and Planning and Zoning Commission had heard and acted on and these are -- again, these aren't all of the provisions, but, really, these are the ones that seem to be most of the topic of discussion at that hearing. So, again, the biggest one -- all future buildings will be subject to design review that are current -- and I just kind of paraphrased that, but it is mentioned that any development standards that are in place at the time of application submittal. And, then, minimal 15 buildings, nonresidential buildings, and a minimum seven acres set aside for future residential uses. One other thing I did want to point out to you is there is a pretty substantial gas easement that runs through the property, it's currently an 85 foot easement and it's a big public safety issue from stafFs standpoint and, of course, from fire and police and so we definitely want to make sure the applicant coordinates with that entity and make sure to give staff recommendations or at least a verification that they have agreements from that company to proceed. Again, there is a DA provision that requires half of the backage road be put in place prior to occupancy on the site and, then, again, at that hearing Planning and Zoning entertained the idea that aright-in, right-out -- right-in, right-out access point at the quarter mile would be doable from their recommendation, so we have modified that DA provision to reflect that change. Oh. Excuse me. And, then, of course, the development of this site shall be generally consistent with the conceptual site plan. So, basically, what you're acting on with the annexation request and, then, we also have a requirement for the landscape buffers as well. So, if I can get • • Meridian City Council November 25, 2008 Page 43 of 75 Meridian Road at the quarter mile, as recommended by the Planning and Zoning Commission. We modified DA provision number 18 -- basically, the reason why staff initiated this change and the reason for it is we are okay with that backage road -- we are okay with Commission's recommendation to allow the -- allowing the applicant to construct their half -- a portion of the backage road, but we didn't know how to have the timing in place to require the additional half and so, basically, what we have done is ask the applicants to provide a phasing plan, so we can have an appropriate timeline and have that in the DA to require the addition -- additional half of that backage road. Again, if the Council is inclined to require that entire backage road be constructed with the first building on site, we can modify that condition to do that as well. We modified condition number 19 to, basically, have the applicant provide staff with written verification from the pipeline company in agreement that the applicant has met all of their requirements for upgrading the pipeline, so that they can commit to development on the site. And, really, as Pete mentioned -- Mr. Friedman mentioned, number 14, number 18, and number 19 are, really, the development agreement provisions that the applicant wants to discuss tonight -- has to do with the access, the additional phasing plan for the requirement for the other half of the backage road and, again, that additional language staff put on condition number 19 that says we need written verification from the pipeline. They are in agreement that they want to work with the pipeline, they agree with that portion, but they feel like that condition might -- staff will let them go forward with a building permit on the site. So, outstanding issues for Council tonight, again, is three access points -- if Council is so inclined to recommend no access to Meridian Road or one access point or however -- however it comes out, staff is recommending the applicant revise the site plan to depict whether no access, one access, or three accesses -- I guess with three accesses we wouldn't have to change, but if there is any changes to those access points we recommend a revised site plan, so we can evaluate it. Two is annexing this property the best interest of the city. Staff -- again, staff had recommended the applicant construct the entire length of the backage road. P&Z Commission recommended the applicant construct half of that roadway and so staff has asked Commission -- or, excuse me, Council to act on whether or not it's appropriate to have that entire backage road in place. And, then, of course, the o#her thing is is this mixed use development and intensity of these uses suitable for a site next to a major natural gas facility that not only serves this area, but, basically, serves the whole northwest region. You know, with that staff will be happy to answer any questions Council may have. De Weerd: Thank you. Council, any questions at this point? Bird: I have none. De Weerd: Okay. Is the applicant -- Evans: Good evening. My name again, Lance Evans. 855 Broad Street, Suite 300, Boise, Idaho. 83702. We appreciate you hearing the request tonight for the annexation and zoning to the City of Meridian. The concept plan -- I have been wanting to show you this for a long time you may remember, the --- all the changes that we have made • Meridian City Council November 25, 2008 Page 45 of 75 19, which addressees the gas pipeline and it adds -- what it does is, essentially, adds another level or regulation to a use that is already controlled by the federal regulation through the Department of Transportation and an easement agreement between the two private parties, the pipeline and the property owner. We have met with the pipeline company and we feel we have an understanding of how we can best work together on the pipeline. It's not necessary to add an additional layer of oversight requiring their approval of whatever we do prior to, really, anything going forward. They acknowledge that there is growth in the area and that Department of Transportation regulations will eventually trigger an update to their pipeline,. it's just an issue of when it's going to take place and how and we would like to leave that open and flexible to work on. We agree with the recommendation for approval and we'd just like to have these modifications to the development agreement. And we respectfully request your recommendation of approval. I will stand for any questions. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: We have asked for a reduction in the landscape buffer on the south end on the west side or the back side of what you're refemng to as a big box. The graphic that someone provided, whether it was you all or staff, the one that's being displayed now shows an area to the west of the backage road that is landscaped, but I'm not sure is that part of this proposal? Evans: Council Member Rountree, the property line is the somewhat dashed line that you see going along the inside of the backage road. Bird: That's what I thought. Evans: So -- Rountree: So, my concern, if that's a fair misrepresentation of what could happen there -- Evans: Well, it certainly -- it's meant to show simply what is a potential that -- that there is plenty of room, should that development come in. We had a significant .amount of landscaping that was going to be behind these buildings, even with access points, but we elected to add in the backage road to provide that access. So, I guess, yes, we are asking for a little bit of leniency in exchange for that backage road that's being put in there. Rountree: Another comment and it's on -- it's on this letter to the city dated, apparently, today. And I will quote from it -- Hawkins Company's comment: Access to the site from Meridian Road is critical to the successful operation of the center. So, back to our earlier discussion. Based on that statement from you all, this annexation and zoning would not be successful with no access, other than Hams Street and Amity. • • Meridian City Council November 25, 2008 Page 47 of 75 Hoaglun: Just an odd question. I noticed on the zoning map and, then, it shows a little bit here between the label Amity Road and access point three, there was a little jog out that -- a cut out. Tell me about that. O'Very: If you drive by that you will see there is -- it's, basically, the transition point between the gas lines and Intermountain Gas. So, there is a little parcel there -- it's, actually, two small parcels that the Northwest Pipeline people run. Hoaglun: Okay. Thank you. De Weerd: It's prettier in green. Rountree: Yeah. O'Very: Well -- and one thing that we did, you know, include in our site plans as it relates to that was we are bringing the pathway along the frontage of Meridian Road, we are not dead ending it at that parcel and we are -- we are sweeping it around it and so we have some connectivity. I think we see a lot of developments where people have hit a property line and the development just stops. So, we are trying to address that, so that there is still connectivity all the way through the intersection. De Weerd: Any other questions from Council? Rountree: A technical question, I guess, and something that I'm not necessarily looking to regulate, but what are the federal regulations on that easement? How close can you build to that line? O'Very: Well, Commissioner Marshall and Commissioner Rohm at the Planning and Zoning Commission questioned Mr. Hamilton pretty extensively on and in our meeting what we leamed was there is, basically, a sliding mile scale that says as long -- whenever there is ten or more people within one mile of that pipeline, they have an obligation to upgrade that pipeline and so they go out every fall, they have their system where they run along that pipeline to determine what -- what residences or businesses are located within that pipeline parameters. Once a building is located in there, they have a 24 month trigger to take action. What we leamed in that meeting was it doesn't necessarily mean they have to replace this pipeline, they simply go to the federal regulations and say, hey, here is some testing, here is some -- here are some results and we are requesting a variance, because this pipe was sound and it will not require any action at this time irrespective of the density of the population that's there. This pipeline travels through Seattle, through Portland, we recognize the importance of it and you have -- we have significant meetings with Northwest Pipeline and we started this process fifteen, sixteen months ago. So, we have been meeting with them periodically through this process. So, how it may impact us and the concern that we have as it related to that specific development agreement item was we really didn't want to give one side or another, as Commissioner Rohm had statement, an unfair advantage on C, J Meridian City Council November 25, 2008 Page 49 of 75 • could attract some restaurants or something that would like an outdoor patio overlooking that water feature and that's kind of our vision for the comer -- this comer. I don't know if that's -- where that -- at the corner of Hams and Meridian. The second area that we show green space -- looking with staff we said, hey, look, we understand we are not going to build a big wall of buildings and let's break that up and let's open that up and let's -- everyone talked about this pathway network that doesn't lead to anywhere or doesn't lead to somewhere that you can go if you come to the shopping center, so that's where we said, hey, let's put together a green space with a -- with a -- maybe acovered area or some seating area or something to that, so that if people do come to shop and want to go get ice cream or go get what they have, they have a place to go sit and enjoy and, of course, it breaks up what's perceived as a wall of buildings along that western boundary. De Weerd: Thank you. Now, you did show some elevations I assume for that first set of buildings on the north -- on the south in the big box. Will that have different modulation and -- or are you following that same design? O'Very: It will have that same concept. And, again, as staff alluded in the development agreement, it is an entryway corridor and it will be subject to the design review standards. That's what we try to -- that Kohl's is not, obviously, as large as that other building, but we wanted to pick up the same spirit in that architecture that you have, the -- De Weerd: For the side and the back, but for the front? O'Very: Well, the whole -- the whole project would be -- the whole -- every building I think is -- I believe was subject to the design review standards that would require the similar breaking up of the front facade. De Weerd: I know, but sometimes there is a different application. So, I'm just trying to get a better idea of what -- what your vision for that application would be. We were in Orlando and saw, for example, a big box like Wal-Mart that was very esthetically pleasing, because it was more like the amenity that you show up there. It was one big box, but it certainly didn't look like it. So, I'm just trying to get a better sense to -- is your vision for that big box --that big box of Kohl's or is it a big box that doesn't look like a big box? O'Very: Well, obviously, we don't know who that big box might be, but it's similar to those pictures that you saw in the previous application. We would envision it to be that same quality architecture where you can see how they have broken up a food center and broken up a -- you know, we would like to attract a Fred Meyer or a Target or a Wal-Mart type user for this and we would love to have that type of -- similar type of .architecture that you're describing. De Weerd: Okay. Okay. Council, anything else? Thank you. Meridian City Council November 25, 2008 Page 51 of 75 • with a lot of high density and an employment center and all of that. Was that part of the discussion there? Anderson: I'm not sure it's even been brought up or discussed. I think it needs to be revisited and I think we need to look and see what some of these other cities have done. De Weerd: Were those in the staff comments for this applicant? Anderson: Yeah. De Weerd: Okay. We will ask them to respond to that and see if they have done some of that research and the plans for the metering station. Thank you. Anderson: Uh-huh. Zaremba: Madam Mayor? De Weerd: I would suggest, though, that we haven't contemplated this same thing in the Ten Mile area that as the pipeline -- this area starts to develop, because most of it is in green field, it is something that we need to certainly help and get a plan for. Mr. Zaremba. Zaremba: I can't comment on the entire Ten Mile area plan, but I'm just -- in the area of the south redevelopment where we are talking about putting fire station number six, there is a pretty wide easement over this pipeline as it goes through the -- I think it's the same pipeline. Bird: It is. Zaremba: As it goes through that area there is a very wide easement over it that is different than what's being proposed here. I don't know how far north and south that same width of easement goes, but I do know that in the neighborhood of our discussion of fire station six it's pretty wide and I think that's wide. Friedman: Madam Mayor and Council Members, not. having the Ten Mile plan right in front of me, I do recall though, that part of the open space network that we contemplated in the Ten Mile plan did incorporate the gas line easement. I will look into it further and, obviously, we have an opportunity, because we don't have any development proposed out there just yet, but there may be some coming that we do have an opportunity to address those. I'd just like -- if I may indulge the Council, just build on what the chief was saying, because I think the condition that they are refemng to in the development agreement isn't specifically prohibiting development on that, we were concerned that the condition was that the applicant coordinate with the Northwest Pipeline Company and in our opinion because of the public safety issues involved and because of the far ranging impacts, essentially, to the northwest, should a rupture • Meridian City Council November 25, 2008 Page 53 of 75 where access is available from something other than an arterial, then, that access is to be utilized or provided for and the other accesses are to be abandoned. There have been some discussion where there are deeded accesses between -- you know, from the Department of Transportation that is unclear whether or not they have to honor those or not and, you know, we are getting into a legal area that I'm really not privy to or comfortable discussing, so I can't really directly answer your question, all I do know is that through our current code we have amended the code to say where access can be provided via another street, other than an arterial and it should be taken that way and those accesses should be abandoned. Hoaglun: Okay. Madam Mayor, could I have Mr. Baird take a crack at it? De Weerd: Yes. If he would dare to venture. Baird: I'm not sure I can dodge this one. Madam Mayor, Members of the Council, Council Members Hoaglun, the ones that I have seen they appear to be sort of site specific, so I would -- we always attempt to rely on what ITD is telling us about them, so rather than looking generalities, I think we would need to -- the inquiry would need to be more specific as to what's on this site. And, really, I don't want you to see this as a cop out, but much further discussion about access is intertwined with things that you've said you're not going to talk about with the particular application. There has been quite a bit of talk about access, to be honest with you. I think it's -- it's a good question and the one that needs to be answered perhaps with regard to the variance application, if you get there. Hoaglun: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: This is not a legal opinion, but this came up a number of times while I was on the. Planning and Zoning Commission and the response that we got from transportation agencies and advising attorneys at the time was that a farm driveway access was just that and while it may be deeded for that purpose, if the use changed we have the right to change the access. De Weerd: Hi, Mr. Vance. Please state your name and address for the record. Vance: Tracy Vance. I am at 4840 West View Place, Meridian, Idaho. De Weerd: Thank you. Vance: I thought maybe if you wanted a little bit more information on the deeded access points -- I don't know if I can -- Meridian City Council November 25, 2008 Page 55 of 75 • mean they have submitted, hey, sure, we'd like to have a green space, that gives us easy access to this easement, but if they just don't like what we are doing, we don't want them to say, oh, you didn't do it, you didn't -- we don't -- we just kind of want to figure out how we can get the assurance to the city -- and whether it's working through with Public Works as a comment or something that relates to that, because we are going to work with them, we have roads that cross this pipeline, I know it seems like it's a scary thing, but the city and everyone is already dealing with these -- these issues anytime utilities cross underneath it, over it, or roads cross over it. So, I don't want you to come away that we are saying we don't want to provide you with some level of assurance, but we are just saying how can we structure that that you can be comfortable with it, but it doesn't give them the perception that they have a -- some third level of approval over us, that, yes, the city supports our development and we have given you the design, we have worked with you on the design -- in fact, we asked them who do you recommend we use for our engineer to lay out these utilities and they gave us one name and so I mean we are definitely trying to do that and we are just trying to figure out how we massage it that it doesn't give them the perception that they don't like it, that they don't have to do it, because there is significant amount of money at stake here on the phasing and if they have to replace the pipeline or they don't and if in their mind they are saying, well, you know what, in three years or four years or five years we may have to, if you build this building, so we don't like it, don't pave over it and we are just trying to avoid that. They can take the practice dances like today, which. is let's figure out an agreement to replace it before the construction starts and we can work through that. But we just -- I hope I'm making myself clear on that. " De Weerd: I think you are. And I certainly understand your conundrum. I guess I would look to staff, what we want you to understand is first and foremost our responsibility is public safety, whether it's with this pipeline or it's with access points and traffic flow and in causing traffic accidents. It's all the same. That is our first priority is public safety and how it impacts =- it has everything to do with annexation and the development agreement and what we -- what assurances we can secure at this level of approval to get those in the development agreement and I believe that's what the attempt is in this, it's not to give them another party authority. Were they not a commenting agency? Friedman: Madam Mayor, Council Members, they were not a commenting agency. I would have to check and see if it was transmitted- to -- however, Mr. Hamilton did appear at the Planning and Zoning Commission hearing and did offer comments at that time. De Weerd: Have those comments wrapped into expectations in the development agreement that are in black and white that we can have the applicant agree to in advance? I guess what I'd like to do is -- is not create a moving target and -- because I understand what they are saying. Are they going to be requiring something over and above what the federal-governing, federal regulations do require and, if so, what is that? And is that something that is probably also a requirement or a recommendation by our fire department and our Public Works Department. I don't know how this goes, but I do • Meridian City Council November 25, 2008 Page 57 of 75 development could begin on the site. The gas company also informed staff the upgrades to those pipelines may not be budgeted until 2011. The gas company has acknowledged discussion with the applicant, but no agreement has been reached regarding the upgrades to their facility and so I see in this plan there is asphalt over the top of it and one of the things they talked about in that report is if they -- if their equipment detects that there is a thinning of the walls in the pipe, they need to dig down immediately and repair that. I guess there is just a lot of things that are in the staff report and Mr. Hamilton's comments that really concern me about pushing ahead without knowing more from Northwest Pipeline about how this pipeline is operated and how close people can build to it and what kind of access they need and all those kind of things. O'Very: I guess I would also just kind of like to respond, because I understand the comments Pete made -- De Weerd: If you will just restate your name -- O'Very: Oh. Jason O'Very again. De Weerd: -- so Dean knows who's talking. O'Very: Following the information that Pete shared with the Council is when the Commission began their questioning of Mr. Hamilton. So, subsequent to his testimony there was a round of questioning by both Commissioner Marshall and Commissioner Rohm, which led to the revelation that, yes, this does go through these very dense urban areas and that it crosses under roads and utilities cross it and they went through these items and subsequent to our approval at Commission, Commission said, hey, we'd like you to pick back up discussions with the pipeline and we met with Mr. Hamilton again and shared with him our plans and what they shared with us is, yes, they do need testing stations, but they would be approximately four inches and every 50 feet or so in the asphalt and so they were very small wells and we definitely are doing our homework with it. I mean, obviously, we are going to have a vested interest in making sure nothing happens to our shopping center and, again, if we can find a way to address the concerns of this Council and come up with language that we are comfortable with that says we are assured and the governing terms of the easement agreement, the federal regulations are met, and safety -- by all means we have safety. I have kids and I live. in Meridian and I understand the concern for safety. So, how do we class that and we are happy to work with staff to do that, invite Mr. Hamilton to a meeting with them to formulate something, so that they can -- staff now understands our concern and Northwest Pipeline can get their concern out there again and we can craft some language for that specific development agreement item. Friedman: Absolutely. Madam Mayor, Council Members. Yeah. I mean in the minutes he did indicate, obviously, their pipeline runs through major urban areas and, you know, ideally, they have certain expectations, but, realistically, they have others. Again, our concern is let's just get those specified to the best of our ability, because to do anything • Meridian City Council November 25, 2008 Page 59 of 75 given the -- what seems to be a very important issue, I would think that you would want the exact language brought back to you for approval. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I'm having real difficulty with this argument, but Ted makes the most sense so far, but it seems to me that if there is hesitancy on the part of the applicant that the city requiring them to provide us notice that they've done their appropriate due diligence with the owner of the easement across this property, then, I'm not sure where they are coming from. All we are asking for is have you done it. If you haven't done it and they are not satisfied, they are the ones that are holding you up, not us. All we want to know is have you satisfied them. I'd be perFectly comfortable if you'd guarantee or tell us you have met all of their safety requirements for -- but we are not going to hold you up, because you can't work out a deal with them. I'm really disappointed that you don't have better sense of what your deal is going to be with the gas company. I mean that to me is a major obstacle. And I have the same problem with the access word that we are not supposed to talk about now, that you haven't got that worked out. And, Madam Mayor, this project is starting to fall in my category of not quite ready. But I don't agree with your argument that it's going to cause us to be -- put a heavy hammer over this if we annexed it and waited for some assurance that the thing's been done right. I think that -- I think the language that staff submitted on Item 19 gives no approval to the City of Meridian. It gives all the approval between you and your easement holder. All we want to know is have you done your work. I don't see that that gives them any approval. De Weerd: Any final comments? O'Very: Again, you know, we believe this is a great project to bring to the City of Meridian and we think it does belong in the city and Tracy would like to say something, too. Vance: Tracy Vance, 4840 West View Place. Mr. Rountree, ma'am, I'm responding to your concems, Mr. Rountree. I agree with you that it doesn't give the city a hammer. What our concems are is it gives Northwest Pipeline the hammer. In that condition, you're right, it does not give the city the hammer. The way that it's drafted is that at the Northwest Pipeline's sole discretion they can approve or not approve and there is not objective standards in place. If we meet all the safety requirements like you're talking about, the way that it extracts it, the Northwest Pipeline can still reject the project. So, I hope that goes to your concern. Rountree: Well, Madam Mayor, Mr. Vance, I --Igo back to I guess if that's the case and that's your sense, I don't want to put the city in a position of either helping or hindering leverage on your part or the gas line's part to resolve this issue. Get it resolved and bring it back to the city. • Meridian City Council November 25, 2008 Page 61 of 75 De Weerd: Yes, Mr. Hoaglun. Hoaglun: I just wanted to add my two cents worth. I think something can be worked out here down the road. It has to be resolved. I'm in agreement. We just can't let this go. We have got to have assurances from Chief Anderson that, you know, he's reviewed things, he understands it, he knows what's happening, if there is an agreement that what he sees or what they tell him is something that other communities have dealt with and it works. It is something that I think we could put in the development agreement down the road, find the right language, that gives us a lever to make sure it happens, but at the same time not giving the gas company complete veto power over the project. I mean if -- if they do their due diligence I think we could find that language and that common ground. It's just we have go to -- we are going to have to work at it a little bit longer to make that happen. But I think we can get there. De Weerd: Well, I guess to the applicant, because this is still an open public hearing, would you desire to have a continuation of this item, so that that language can be worked out? O'Very: Madam Mayor and Council, yes, we would look to have a continuance of this and we'd ask, I guess, for some -- for an ample period of time to work through that. I definitely heard Councilman Rountree's concerns related to additional issues related to access and this pipeline and our initial deferral request for the variance was for March. We are coming into a holiday period with the pipeline people. They are based out of Salt Lake. It took us almost two months to get that first meeting scheduled and so if we can have an ample period for the continuance to try and resolve some of these issues and share not only those issues that were discussed tonight, but those issues for our pending application. So, we'd ask both of those applications be continued. Zaremba: Madam Mayor? De Weerd: I'm song. Just a moment, Mr. Zaremba. Do you have, then, a date that you would like us to donsider? O'Very: What was the date, Bill, that we submitted? Was it March? Bird: March 10. O'Very: March 10. Would March 10 be acceptable? That would work for us to give us ample time to at least give us the couple months after the holidays to try and work something out with them. De Weerd: It looks good on our end. Mr. Zaremba, did you have something in addition to that? Zaremba: Actually, I was going to make two comments. One, I was going to suggest that we use the early March date and March 10th sounds good to me. The other was I • Meridian City Council November 25, 2008 Page 63 of 75 Rountree: So moved. Bird: Second. De Weerd: I have a motion and a second to continue Item 16 to March 10th, 2009. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: 2007 Consolidated Annual Performance and Evaluation Report (CAPER) for Meridian's Community Development Block Grant (CDBG) Program: De Weerd: Thank you. I would like to say we made that as painful as we could, but we really tried to make that easy. Okay. Item 12 is a public hearing on 2007 on consolidated annual performance and evaluation report for the Community Development Block Grant Program. Friedman: Madam Mayor, Council Members, I think this hearing will probably be a little easier than the last one. De Weerd: That's appreciated. Friedman: Federal regulations require the city to submit and prepare consolidated annual performance and evaluation report every year, provide documentation to Department of Housing and Urban Development, as well as city officials and citizens about the activities and accomplishments undertaken during our 2007 program year to meet the 2007 CBDG action plan. No action is really required by the Council tonight. The main objective is to open a public comment period and so we are recommending that you open a public comment period to extend until December 10th, 2008, and, then, continue the public hearing from tonight until December 16th, 2008, at which time we will come back to you with a resolution adopting our keeper. De Weerd: Thank you, Pete. So, a request has been made. I don't see any member of the public, unless Shelly would like to provide testimony -- that would like to make comment that we are asking for this to be extended for written comments December 16th, where Council will take final action. Is that what I understand? Okay. Council, any comments, questions? Rountree: I have none. Madam Mayor? De Weerd: Mr. Rountree. Rountree: Move to continue hearing on Item No. 12 to December 16th. Bird: And public comment. • . Meridian City Council November 25, 2008 Page 65 of 75 De Weerd: But Shelly is. Rountree: Staff is here and, Shelly, we will count you as a public. Bird: Frank isn't even here. Rountree: Yeah. Frank's not even here. De Weerd: Okay. Thank you for that note for the public record. Council, any questions at this point for Tom? I think we -- he's been pretty specific in the steps and in this model. Okay. Hearing none, Counsel, I would entertain a motion to close the public hearing. Bird: So moved. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 13. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Do I have a motion? Rountree: Madam Mayor, just a point of discussion before we have a motion, that when you look at the -- the 4.6 that we talked about for inflation and, then, the table also shows what -- a five percent, which was, actually, what was noticed, not to exceed, we are only talking a few cents difference between the two and given that we are looking at relatively large increases to reflect the actual cost of doing business yet to come, I would suggest that we move -- consider, contemplate, act on, an increase of five percent. Zaremba: If that's a motion, I would second it. Rountree: Well, I just wanted some discussion on -- that's kind of what the numbers tell me. There is not that big of difference between the two. De Weerd: Well, any further comments from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I, too, agree that we may as well go the five percent and -- there isn't that -- and we noticed it as up to five percent, so we are okay. I -- there certainly isn't any • Meridian City Council November 25, 2008 Page 67 of 75 De Weerd: What is the recommendation from the director? Rountree: What's the recommendation from staff? Barry: The recommendation, (believe, would be mid January and for that reason -- the reason that is being recommended is to get through the billing cycles for noticing, just as a courtesy to our customers who would like to get through each billing cycle and my understanding was that having this hearing tonight would require an implementation of mid January in order to make sure we have fulfilled those notices. So, my recommendation would be probably the 15th of January. I don't know what day that falls on, but probably somewhere around there would be sufficient. Zaremba: Madam Mayor, do we know what the actual billing date is? De Weerd: January 15th is on -- excuse me just a moment. So, January 15th is on a Thursday. The 16th is a Friday. Any preference there? Bany: I'm not familiar exactly with the billing cycles, so I'm probably not the best person to ask and if I may Shelly Gallagher, our utility billing manager, is here and she might be able to address that and help provide some guidance as to a more suitable date for implementation. De Weerd: Come on down. Mr. Zaremba, did you have a question? Zaremba: Yes. My question was what is the billing cycle date. Gallagher: Well, we bill on the 5th and the 20th of each month, but the reading dates are different than the billing cycle dates, so I'd really have to look at my calendar in my office to give you a good answer to that question on what the day might be. And I think we ought to go with the reading date, instead of the cycle date, just because -- just because I think it's fairer to do that. De Weerd: The reading date is when? Gallagher: It's -- well, it's usually -- seems to be about 20 days before the billing cycle date. So, if it was the 5th, it would be -- I don't have a calendar in front of me, so -- because we read ahead before we bill. I think we'd probably be safer to go with January 5th. I think it's going to be close in there, Tom. It would be close in there. If we go with the 15th or if you get closer to the 15th, you're talking about probably the next billing cycle. I think we should probably go with the 5th. That's a Monday. Barry: Madam Mayor? Mrs. Gallagher, does that provide sufficient time for us to notice in the upcoming bills our customers in both cycles? • Meridian City Council November Z5, 2008 Page 69 of 75 and dates for use of that room would be identical to what are currently in the police department, that would be Monday through Friday only from 8:00 a.m. to 9:00 p.m. Purposes for the meeting were for only for meetings, not for profit type ventures, commercial enterprises, displays or shows, acceptance for City Hall would have to be approved by the Mayor. Holman: Madam Mayor, Members of the Council, if I could just interject for one second and clarify a little bit more on what Mr. Baird said. The 25 dollars and the 50 dollars, it's for a half day rate. A full day rate would be 50 and 100 if they were -- does that make sense? De Weerd: Yeah. We have that as -- Holman: Okay. Just making sure that's clear. Baird: So, those are the big things. De Weerd: We got the big things. We did have a short discussion on this during a workshop session. Any questions from City Council? Rountree: Madam Mayor, I have a question on what Jaycee just said, the notice indicates that it's four and eight hour rental and it's 25 and 50, but for both rooms it's 50 and 100. That's what you just said? Holman: That's correct. It's just double the price if you're doing both rooms. Rountree: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: A question for discussion, I guess. Would we want to add the statement someplace that if a group brings in food service they are responsible for cleaning it up as well? Baird: Madam Mayor, Members of the Council that actually is in the existing policies that apply both to the police and here. You're the only ones who get to bring in food as a City Council. The public is prohibited from bringing food into -- it says no food will be allowed in the meeting space. Beverage such as coffee, soda, and water are allowed only in appropriate containers with lids and that's in an effort to reduce the wear and tear on the floor and the clean up cost. Zaremba: Thank you. s • Meridian City Council November 25, 2008 Page 71 of 75 Rountree: Our fire district. De Weerd: -- our Boys and Girls Club are leased to the former police department. They agreed to withdraw that with the promise that they would be able to meet here and it is a lunch meeting, so those need to be captured. Bird: They can't meet in their new facility, the Boys and Girls? De Weerd: It's built for kids, not for the board. Bird: They just have no way? De Weerd: Yeah. There is no meeting room. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I have a hard time -- like Charlie, there is -- you know, there is a lot of nonprofit organizations that -- there is a couple that do have council participation, but not all the time, maybe. I have a hard time charging them. A lot of these organizations is -- have spent their money to improve the City of Meridian's facilities. But where do you draw the line? To me he -- the main athletic roundtable who -- strictly nonprofit, that has put in over 200,000 in Storey Park, whether there is a Council Member on their board or not, shouldn't be charged here. Western Ada, who is a partner with us, even though they are a taxing entity, should not be charged. They do nothing but add to our park system. So, like I say, where do you draw the line? That's my real concern. It's charging for facilities in a public building I guess is like charging for parking at a public deal. I don't like it. Now, if it's to -- if people come in and use these and leave them in clutter and stuff, then, that's something else. But everybody I have ever seen that's used our City Hall leaves it just as clean as when they left it -- or when they come in. So, I don't -- I don't know. I -- I have a real problem with it. But I can certainly understand that that there is people -- you know, some guy comes in here and charges 50 dollars a head to put on some seminar or economic thing, well, heck, yes, he should have to pay for the rental, but -- De Weerd: Well, as it is they can't rent it. Bird: Uh? De Weerd: They would not be able to rent it. Baird: But, Madam Mayor, you point out sort of a conundrum here. What if a nonprofit sells tickets to a seminar? Are they going to be exempt? Bird: You're right. I agree with you. • Meridian City Council November 25, 2008 Page 73 of 75 De Weerd: No. Bird: No. Rountree Well, I move to close the public hearing. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 14. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor, I move that we approve the fee structure as presented in the posted notice for the use of the City Hall meeting rooms and direct the preparation of a list of those entities that will not be subject to the fee structure. Sorry, Dean. Bird: Second. De Weerd: I have a motion and a second to do what he said. And a second. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carves. MOTION CARRIED: ALL AYES. Item 17: Ordinance No.: AZ 06-063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C-G zones for Waltman Property (aka Browning Plaza) by Waltman, LLC - 505, 521, 615 and 675 Waltman Lane: De Weerd: Item 17 is an ordinance proposed 08-1390. I will ask -- on AZ 06-063. I'll ask Madam Clerk to, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 08-1390, an Ordinance AZ 06-063, Waltman Property, for annexation of parcel for annexation purposes located in the northwest one quarter of the southeast one quarter of Section 13, Township 3 North, Range 1 West, 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 required by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT and R-1, Ada County, to C-G and service commercial district in the Meridian City Code, providing that copies of this ordinance Meridian City Council November 25, 2008 Page 75 of 75 Rountree: I move we come out of Executive Session. Bird: Second. De Weerd: A motion and a second to come out of Executive Session. All in favor say aye. MOTION CARRIED: ALL AYES. Rountree: I move we adjourn. Bird: Second. De Weerd: A motion and a second to adjourn. All those in favor. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 11:24 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR T de WEERD ATTEST: ~~- JAYCEE C~ ~ i G l._0 /"~ DATE APPROVED O~ ~• /,g ~~'~. ~~'y -. Jr CI CLERK -" " STAL = 9~ ,, ~~.se~ic~s4--~`~ul~.c., ~ce ~~rc ~,l 1 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, November 25, 2008 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll-call Attendance: David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Tim Pusey with Valley Shepherd Church of the Nazarene: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of October 14, 2008 City Council Regular Meeting: B. Approve Minutes of October 21, 2008 City Council Workshop Meeting: C. Approve Minutes of October 28, 2008 City Council Regular Meeting: D. Approve Minutes of November 5, 2008 City Council Special Meeting: E. Development Agreement: AZ 08-003 Request for Annexation and Zoning of 12.06 acres from RUT to R-40 (10.56 acres) and C-C Meridian City Council Meeting Agenda -November 25, 2008 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities.related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. (1.15 acres) zones for Regency at River Valley (REVISED) by Mason & Stanfield - 2500 North Eagle Road: F. Approve CDBG PY08 Subrecipient Aareement with Meridian Boys & Girls Club: G. Resolution No. Use of Fitness Facility & Recycling: H. Resolution No. Solid Waste Collection Rate Change: I. Resolution No. Declaring City Hall Campus a Park: J. Resolution No. :CPA 08-002 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation for approximately 10 acres from Low Density Residential to Mixed Use -Community for Eagle and Victory by Rose Law Group -Northwest Comer of East Victory Road and South Eagle Road: K. Development Agreement: AZ 06-063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C-G zones for Waltman Property (aka Browning Plaza) by Waltman, LLC - 505, 521, 615 and 675 Waltman Lane: L. Aareement with ACHD for Roadway Construction /Sewer and Water Line Improvements for ACRD Project No. 305048 Ustick / Linder Intersection: M. Task Order 0782 Ground Water & Wells Data Compilation with Hydro Logic, Inc. for $29,685.00: N. Change Order No. 1 with JUB Engineers for Ten Mile Creek Sewer Crossing for the Not to Exceed Amount of $6,986.00: O. Development Agreement: AZ 07-012 Request for Annexation and Zoning of 258.39 acres from RUT to C-G zone for Meridian Town Center by CenterCal Properties, LLC -Northwest Comer and Northeast Comer of North Eagle Road and East Fairview Avenue: Meridian City Council Meeting Agenda -November 25, 2008 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. Department Reports: A. Mayors Office: 1. Economic Development Report by Phil Stiffler with AspireOn: 2. Economic Development Coordinator Agreement with Virtus Enterprises, Inc.: B. Planning Department: 1. Budget Amendment for Valley Regional Transit for $8,402.00: C. Potice Department: 1. Budget Amendment for Community Services Coordinator for the Drug Free Communities Grant for $3,950.00: D. Purchasing Department: Approve Multiple Change Order for Additional Work for Not to Exceed Amounts for a Total Amount of $38,632.00: 1. AATronics Budgeted Contract Amendment No. 3 for $3,018.00 (Owner Initiated Sz Architect Changes): 2. American Wallcover Budgeted Contract Amendment No. 6 for $528.00 (Owner Initiated Change): 3. Architectural Building Supply Budgeted Contract Amendment No. 6 for $1,603.00 (Owner Initiated & Architect Requested Change): 4. Advanced Sign Budgeted Contract Amendment No. 1 for $4,542.00 (Owner Requested Changes): 5. Axelsen Concrete Budgeted Contract Amendment No. 1 for $12, 298.00 (Contractor /Architect /Owner Initiated Changed): 6. Buss Mechanical Budgeted Contract Amendment No. 5 for $5,855.00 (Architect / Deign 8< Owner Initiated Change): Meridian City Council Meeting Agenda -November 25, 2008 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 7. Cobblestone Construction Budaeted Contract Amendment No. 2 for $2,175.00 (Architect /Design / Owner Initiated Changes): 8. Commercial Painting Budaeted Contract Amendment No. 2 for $1,100.00 (Architect Initiated Changes): 9. Paige Mechanical Group Budaeted Contract Amendment No. 1 for $2,132.00 (Owner Requested & Architect / Design Initiated Changes): 10: SBI Budaeted Contract Amendment No. 5 for $4,700.00 (Owner Initiated Changes): 11. Seal Co. Budaeted Contract Amendment No. 4 for $418.00 (Architect / Design / Contractor Initiated Changes): 12. TTE Preconn Budaeted Contract Amendment No. 4 for $263.00 (Architect / Design / Contractor Initiated Changes): 7. Items Moved from Consent Agenda: 8. Continued Public Hearing from October 7, 2008: AP 08-003 Request for City Council Review for an Appeal of Director's Determination to deny alternative compliance to allow a portion of the former Idaho Truss site to be used for shared parking for the Broadway Integrated Project (CZC 08-018) by Ward Schwider - 130 East Broadway Avenue: 9. Continued Public Hearing from November 5, 2008: CPA 08-003 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation from Medium Density Residential to Mixed Use-Community for approximately 94 acres for Volterra Commercial by Primeland Investment Group, LLC -west of North Ten Mile Road and north of West McMillan Road: 10. Continued Public Hearing from November 5, 2008: RZ 08-004 Request for Rezone of 93.64 acres from L-O (Limited Office) and R-4 (Medium Low-Density Residential) to C-G (General Retail and Service Commercial) (25.10 acres), L-O (Limited Office) (10.70 acres), C-C (Community Business) (37.84 acres) and R-15 (Medium-High Density Residential) (20 acres) zones for Volterra Mixed Use by Primeland Meridian City Council Meeting Agenda -November 25, 2008 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Development Company, LLP -west of North Ten Mile Road and north of West McMillan Road: 11. Public Hearing: MDA 08-002 Request to Modify the recorded Development Agreement for Volterra Subdivision AND create a new Development Agreement for a mixed use /commercial employment area for Volterra Mixed Use by Primeland Development Company, LLP -west of N. Ten Mile Road and north of W. McMillan Road: 12. Public Hearing: 2007 Consolidated Annual Performance and Evaluation Report (CAPER) for Meridian's Community Development Block Grant (CDBG) Program: 13. Public Hearing: Water /Sewer Rate Increase: 14. Public Hearing: Fee for Rental of Rooms in New City Hall: 15. Public Hearing: AZ 08-005 Request for Annexation and Zoning of 73.10 acres from RUT in Ada County to R-15 (Medium High Density Residential) (5.68 acres), L-O (Limited OfFce} (3.22 acres) and C-C (Community Business) (30.72 acres} and C-G (General Retail and Service Commercial) (33.47 acres) zoning districts for Meridian and Amity by Hawkins Companies -Northwest Comer of West Amity Road and South Meridian Road: 16. Public Hearing: VAR 08-008 Request for a Variance to UDC 11-3H-4 which prohibits new approaches from directly accessing a state highway to allow 2 right-in /right-out access points (approximately 660 feet from the north and south intersections) and 1 right-in /right-out /left-in access point at the'/ mile to State Highway 69 /Meridian Road for Meridian and Amity by Hawkins Companies - NWC of W. Amity Road and S. Meridian Road, south of Harris Street: 17. Ordinance No. AZ 06-063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C-G zones for Waltman Property (aka Browninu Plaza) by Waltman, LLC - 505, 521, 615 and 675 Waltman Lane: Meridian City Council Meeting Agenda -November 25, 2008 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ ~ November 21, 2008 MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT ITEM NO. S-C REQUEST Approve Minutes of October 28, 2008 City Council Regular Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. r r November 21, 2008 MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT ITEM NO. S-D REQUEST Approve Minutes of November 5, 2008 City Council Special 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. November 21, 2008 MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of October 14, 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: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. November 21, 2008 MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT ITEM NO. S-B REQUEST Approve Minutes of October 21, 2008 City Council Workshop 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 Cffy of Meridian. ~ ~ November 21, 2008 AZ 08-003 MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT Mason $~ Stanfield ITEM NO. 5-E REQUEST Development Agreement -Request for Annexation and Zoning of 12.06 acres from RUT to R-40 and C-C zones for Regency at River Valley (REV) 2500 North Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached DA Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. . ADA COUNTY RECORDER J. D~ NAYARRO AMOUNT .00 86 BO~SE IQAH012-08108 11:02 DE UTY Vicld Allen RECORDED-REQUEST OF III I'll'Illil~l~i'~'I~I~~II'III'll'I Meridian City DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. RAMI, LLC; MBJR, LLC; Eagle Mesa, LLC; Eagle Coulter, LLC; & JACOM, LLC, Owners 3. R c* ~eea mom., D to er r~er~c,y o~ (4~iv'er~Ql~ ~ rTHI5 DEVE OPMENT AGREEMENT (this Agreement), is made and entered into this day of ~~b~~ , 2008, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, RAMI, LLC, whose address is11650 South State Street, Suite 300, Draper, UT 84020; MBRJ, LLC, whose address is 2689 West Bountiful Lane, Tucson, AZ 85742; Eagle Mesa, LLC whose address is 414 East 11400 South, Draper, UT 84020; Eagle Coulter, LLC, whose address is 414 East 11400 South, Draper, UT 84020; & JACOM, LLC, whose address is 12570 South 3600 West, Riverton, UT 84065, hereinafter called OWNERS and Mason & Stanfield, Inc., whose address is 314 Badiola Street, Caldwell, ID 83605, hereinafter called DEVELOPER 1. RECITALS: 1.1 WHEREAS, Owners are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require orpermit as acondition of re-zoning that the Developer and/or Owners make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Developer has submitted an application for annexation and re-zoning of the Property described in Exhibit A, and has requested a designation of R-40 (High Density Residential District) and C-C (Community Business District), Municipal Code of the City of Meridian; and 1.5 WHEREAS, Developer and/or Owners made representations at the public hearings both before the Meridian Planning & Zoning Commission and DEVELOPMENT AGREEMENT (AZ OS-004 REGENCY AT RIVER VALLEY) PAGE 1 OF 16 • before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the 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 17~' day of June, 2008, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereina$er referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Developer and/or Owners to enter into a development agreement with relation to the R-40 (High Density Residential District) and C-C (Community Business District) before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, the Developer and/or 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 Developer and/or Owners to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE Z OF 16 • 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 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 DEVELOPER: means and refers to Mason & Stanfield Inc., whose address is 314 Badiola Street, Caldwell, ID 83605, the party developing said Property and shall include any subsequent developer(s) of the Property. 3.3 OWNERS: means and refers to RAMI, LLC, whose address is 11650 South State Street, Suite 300, ; MBRJ, LLC, whose address is2689 West Bountiful Lane, Tucson, AZ 85742; Eagle Mesa, LLC whose address is 414 East 11400 South, Draper, UT 84020; Eagle Coulter, LLC, whose address is 414 East 11400 South, Draper, UT 84020; & JACOM, LLC, whose address is 12570 South 3600 West, Riverton, L?T 84065, the parties that own said Property and shall include any subsequent owner(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned R-40 (High Density Residential District) and C-C (Community Business District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian City Code Section 11-2-A and 11-2-B which are herein specified as follows: Constvuction of a multi family Yesidential development in the pYOposed R-40 zoning distYict on 10.56 acYe~ The peYtinentpYOVisions of the City of Meridian CompYehensive Plan aYe applicable to this AZ 08-003 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 3 OF 16 • 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Developer/Owner and/or Owner shall develop the Property in accordance with the following special conditions: a. A maximum of 204 multi-family residential units shall be allowed to be constructed on the site. b. A minimum - 4,805 square foot clubhouse and 755 square foot cabana shall be constructed on the site, as proposed. c. At a minimum, amenities shall be constructed on the site as proposed on the site plan (i.e. clubhouse, water feature, swimming pool, walking trails, tot lot, gazebos, etc.). d. All multi-family structures shall comply with the architectural standards listed in UDC 11-4-3-27E. Structures shall be constructed on the site in accordance with the elevations attached in Exhibit A of the staff report. e. The site/structures shall comply with the Specific Use Standards listed in UDC 11-4-3-27 for multi-family developments. f. The applicant shall comply with the parking standards listed in UDC 11-3C-6 for multi-family developments as follows: for 1 bedroom units, there shall be two parking spaces with at least one in a covered carport or garage; and for units with more than one bedroom, 2 parking spaces shall be provided, both in a covered carport or garage. No variance to this standard is granted. g. A legally binding document shall be recorded that states the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features, per UDC 11-4-3-27G. h. Access to this site shall be provided from E. River Valley Road and an emergency only access shall be provided from Allys Way. Access to Eagle Road is prohibited. i. The applicant shall dedicate right-of--way and construct Allys Way in accordance with ACHD standards, in alignment with Allys Way north of the site, on the north side of Ustick Road, prior to release of occupancy of any structure on this site. j. The applicant shall construct (or have available) at least half the street section of E. River Valley Road (24 feet of pavement and 7-foot wide sidewalk) in accordance. with ACHD standards, prior to release of occupancy of any structure on this site. k. All existing buildings on the site shall be removed prior to release of building permits for this development. 1. Twenty-six foot wide private streets shall be provided within the site in accordance with the standards listed in UDC 11-3F-4. m. A 20-foot wide street buffer will be required along the future extension of E. River Valley Road, per UDC Table 11-2A-8. Landscaping shall be provided in said buffer in accordance with the standards listed in UDC 11-3B-7C, DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 4 OF 16 • a Landscape Buffers along Streets. If NMID will not allow landscaping (i.e. trees) within their easement for the Downey Sublatetal and if there is not sufficient room outside of the easement fog the sheet buffet, the applicant shall provide an additional S foot wide strip for landscaping outside of the NMID easement, pet UDC 11-3B-7C1 b. n. The Downey Sublateral easement along the southern boundary of the site shall either be relocated so that structures do not encroach within the easement OR the structures shall be relocated outside of the easement, prior to submittal of the first Certificate of Zoning Compliance application for the parking and common areas. o. A 20-foot wide street buffer will be required along Allys Way, per UDC Table 11-2A-8. Landscaping shall be provided in said buffer in accordance with the standards listed in UDC 11-3B-7C, Landscape Buffers along Streets. p. Landscaping shall be provided on the site in accordance with the specific use standards for multi-family developments listed in UDC 11-4-3-27F. q. The applicant shall construct 6-foot tall vinyl fencing along the west property boundary and 6-foot tall chain link fencing along the north side of the property adjacent to the South Slough as depicted on the landscape plan. Temporary construction fencing is required to be installed where permanent fencing is not proposed, around the residential portion of the site prior to issuance of building permits to contain debris during construction. Fencing shall be constructed in accordance with the standards listed in UDC 11-3A-7. r. A minimum 5-foot wide perimeter landscape buffer is required adjacent to parking and vehicular use areas along the north boundary of the site and adjacent to the existing residence on the west boundary of the site, per UDC 11- 3B-8C. Said buffer is required to be planted with one tree per 351inear feet and shrubs, lawn, or other vegetative ground cover. If NMID will not allow trees within their easement for the South Slough, the applicant may apply for Alternative Compliance in accordance with UDC 11-SB-S. s. A 10-foot wide multi-use pathway and bridge over the South Slough shall be constructed on the site in accordance with the Parks Department conditions contained in Exhibit B and the standards in the Master Pathways Plan and UDC 11-3A-8. t. With the first CZC application, include mitigation details for the 9 existing trees on the site, consisting of 120 caliper inches, proposed to be removed, in compliance with UDC 11-3B-10. Contact Elroy Huff, City Arborist, 888-3579 for more details. u. The applicant shall submit a Certificate of Zoning Compliance (CZC) for approval of all of the parking and common areas on the site prior to submittal of CZC's for structures. v. A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all of the proposed multi-family structures within this development. All structures must substantially comply with the building elevations submitted with this application (see Exhibit A), the architectural standards listed in UDC 11-4-3-27E for multi-family developments, and DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 5 OF 16 • • conditions of approval and DA provisions listed in Exhibit B of this report. NOTE: A CZC application may include multiple/all multi family structures within the development. w. A Certificate of Zoning Compliance is required prior to issuance of a building permit for the commercial portion of the development. Because the commercial portion of the property is located adjacent to an entryway corridor (Eagle Road), the future structure(s) and site shall be subject to the design standards listed in UDC 11-3A-19C. x. Development of the C-C zoned portion of the site shall not occur until such time as access is provided to/from E. River Valley Road or some other frontage/backage street; direct lot access to Eagle Road is prohibited. y. A backage road shall be constructed on the east side of the C-C zoned portion of the site and across-access/ingress-egress easement shall be provided to the properties to the north and south for an extension of the backage road and future access to E. River Valley Road. A copy of said cross-access/ingress- egresseasement shall be provided to the Planning Department prior to issuance of the issuance of a certificate of zoning compliance application for the first multi-family building. z. The City will not approve the ordinance for annexation of the requested parcel until one of three contingencies occurs: 1) The CenterCal North Parcel flca the Kleiner North Parcel DA is signed and the annexation ordinance is approved. 2) The ROW for River Valley Street is dedicated to ACRD with access to Eagle Road. 3) The ROW for Alleys Way/Records Road is dedicated to ACHD with access to Fairview Avenue or Ustick Road. This would allow temporary use of the eastern emergency access until such time as River Valley Street is constructed. Note: The City does not guarantee that any of these conditions may occur within the one year time frame of the DA approval. These conditions may be modified through the DA modification process. 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 Developer and/or Owner or Developers and/or Owners heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property' of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 6 OF 16 • • 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Developer and/or Owners consent upon default to the reversal of the zoning designation of the Property subj ect 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 Developer and/or Owners and if the Developer and/or Owners fails to cure such failure within six (6) months of such notice. 8. INSPECTION: Developer and/or Owners shall, immediatelyuponcompletion 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 Developer and/or Owners, or Developer and/or Owners' 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 Developer and/or Owners 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 Developer and/or Owners' cost, and submit proof of such recording to Developer and/or Owners, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein after one of the contingencies referred to in Section S.l.z occur. DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 7 OF 16 • 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by the City or Developer and/or Owners, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Developer and/or Owners shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Developer and/or Owners or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which the Developer and/or Owners agree to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Developer and/or Owners agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer and/or Owners have 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 Developer and/or Owners agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation ifthe owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 8 OF 16 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 Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 OWNERS: RAMI, LLC, 11650 South State, Suite 300 Draper, UT 84020 MBJR, LLC 2689 West Bountiful Lane Tucson, AZ 85742 Eagle Mesa, LLC 414 East 11400 South Draper, UT 84020 with copy to: City Attorney City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 DEVELOPER: Mason & Stanfield. 314 Badiola Street Caldwell, ID 83605 JACOM, LLC 12570 South 3600 West Riverton, UT 84065 Eagle Coulter, LLC 414 East 11400 South Draper, UT 84020 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 9 OF 16 • 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other parry 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 Developer and/or Owners of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Developer and/or Owners, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Developer and/or Owner have fitllyperformed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Developer and/or Owners 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 Developer and/or Owners and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subj ect Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 10 OF 16 • ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER: `r .~i~l ~(~ r r c ~i~~ llsloACl~,t.w ~. ~t~, !~. v Pow, LLC ~~ v By: A G-~ .~~ EAGLE MESA, LLC ~~~~ C~ By: EAGLE COULTER, LLC C~ By:. DEVELOPMENT AGREEMENT (AZ OS-004 REGENCY AT RIVER VALLEY) PAGE 11 OF 16 • JACOM, LLC By: CITY OF MERIDIAN f' By: ~ ~ ~ - MAYOR T de WEERD Attest: `\\`,~ ~~.,t Cif ~~l:~-9 '~.,''~ 'L .. 4 _; ,~~a °~ • IEAI, JAYCE L. HOLMAN, CITIx CL coq r »~ ,~ ~ ``s; 1111//111+i-1-{\\\ DEVELOPMENT AGREEMENT (AZ OS-004 REGENCY AT RIVER VALLEY) PAGE 12 OF 16 • STATE OF ID O, ) ss County of Ada, ) On this Public in and for said State, p known or identified to me to be acknowledged to me that they ~ • of , 2008, before me, the undersigned, a Notary r~sonally appeared _ IN WITNESS WHE: official seal the day and year in this (SEAL) the same on behalf of said corporation. hereunto set my hand and affixed my .t above written. Notary Public f~ Residing at: My Commission of Mason & Stanfield, Inc., Idaho STATE OF ~~~ ~~ ) ss County of e ) On this ~S~ day of ~ ~ , 2008, befo a me,rthe undersigned, a Notary Public in and for said State, personally appeared ~ °+ rt i i S e ~i e ~Y , known or identified to me to be the ° ~ ~,M t ~° of RAMI, LLC and the person who signed above an ackn wl ged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC AMIE ROTHEY f 11341 CABBIE RIM CIRCLE I (S soirrH JORDAN, UT 84oes 9 ~~ COMM133tON EXPIRES o7rozrm1l Notary Public r STATE OF UTAH Residing at: ? ~ ~~ My Commission Expires: DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 13 OF 16 STATE OF ~%~ii~l-rirvi /~ ) ss County of ~ ~ ) On this ~ day of ~~~~~, 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared ~.~,, g . .j 6n~ 5 t/ n) d, ~ or identified to me to be the ~,~,~, ~~.~' of lam, hd13"~~~ LLC and the person who signed above and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. INHWAN~ CH~_ (SEAL) commission # 1 ea47a1 ei Notary Public - Cc~fomia Orange County iYly Comm. Expires Dec 13, 2Q09 STATE OF ~ , ) ss County of ~ ~,,, ~. ) c Notary Public for ~~,~or.r ~%;- Residing at: ('`k,~~, s ~ o ~ My Commission Expires: ~ 2 _ ~~ _ Zav 9' On this ~ day of ~,j~ ~ , 2008, efore , th dersigned, a Notary Public in and for said State, personally app ed ~@ ~ , known or identified to me to be the ~ I rr1 ~ ~' of EAGLE MESA, LLC and the person who signed ab ve an ac wled ed to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. • MASON & STANFIELD IfVG PROF~IONAI ExcuvE~ LAND SURVEYORS, & PLAMV6RS Psge 2 of 3 Bach Builders, Multi Family-NV 120515urvey~tegalsiRevised Aimex.doc Thence S. 66° 18' 49" E., a distance of 264.00 feet,(formerly S. 66° 55'E.), to a point, said point referenced S. 45° 26' 11" W., a distance of 30.00 feet with a found 5/8 inch diameter irgn pin marked "ASG PLS 7314"; Thence S. 34° 48' 49" E., a distance of 227.70 feet,(formerly S. 35° 25'E.), to a point, said point referenced S. 86° 44' 15" W., a distance of 11.50 feet with a found 5/8 inch diameter iron pin marked "ASG PLS 7314"; Thence S. 71 ° 16' 49" E., a distance of 132.00 feet,{formerly S. 71 ° 55'E. ), to a found 5/8 inch diameter iron pin marked "ASG PLS 7314"; Thence S. 85° 33' 49" E., a distance of 174.90 feet,(formerly S. 86° 10'E.), to a point, said point referenced S. 27° 42' 23" W., a distance of 30A0 feet with a found 5/8 inch diameter imn pin marked "ASG PLS 7314"; Thence S. 40° 43' 49" E., a distance of 364.98 feet, (formerly S. 41° 20'E., a distance of 366.30 feet), to a found 5/8 inch diameter iron pin marked "ASG PLS 7314"; Thence S. 72° 58' 49" E., a distance of 99.29 fcet,(formeriy S. 73° 35'E., a distance of 98.34 feet), to a point on the easterly boundary of said SW 1/4 NW 1/4, said point witnessed S. 00° 40'48" W., a distance of 20.00 feet with a found 518 inch diameter iron pin marked "ASG PLS 7314"; Thence leaving the southerly boundary of said Instrument No.104047079 and continuing along the boundary of said Record of Survey No. 6638, S. 00° 40'48" W., a distance of 111.65 feet,{formerly South a distance of i 12.86 feet), along the easterly boundary of said SW 1/4 NW 1/4 to the SE corner of said SW 1/4 NW 1/4, (center west 1/16 corner), said conger monumented with a found 5/8 inch diameter iron pin marked "PAT PLS 4347"; Thence N. 89° 45' 21" W., a distance of 978.27 fcet,(formerly West a distance of 979.24 feet), along the southerly boundary of said SW 1/4 NW 1/4 to a found 5/8 inch diameter imn pin marked "ASG PLS 7314" which bears S. 89° 45' 21" Ey a distance of 350.00 feet from the SW Conner of said SW 1/4 NW 1/4,(1/4 corner common to sections 4 and 5); Thence N. 00° 36' 11" E., a distance of 180.00 feet, (formerly North), to a found 518 inch diameter iron pin marked "ASG PLS 73 i 4"; Thence N. 89° 45' 21" W., a distance of 49.86 feet,(formerly west}, to a point on the easterly boundary of that certain Warranty Deed recorded as Instrument No. 7741806 in the Office of the Recorder of Ada County, Idaho, said point monumented with a found 5/8 inch diameter iron pin marked "ASG PLS 7314"; Thence N. 00° 36' 11" E., a distance of 145.Q0 feet, (formerly North), along the easterly boundary of said Instrument No. 7741806 to a point, said point witnessed S. 00° 36' 11" W., a distance of 1.00 foot with a found 5/8 inch diameter iron pin marked "ASG PLS 7314"; November 21, 2008 MERIDIAN CITY COUNCIL MEETING AZ 06-063 November 25, 2008 APPLICANT Waltman, LLC ITEM NO. 5-K REQUEST Development Agreement -- Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C-G zones for Waltman Property -505, 521, 615, 675 Watlman Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. D NAVARRO AMOUNT .00 61 BOISE IDAH012109/08 11:02 DEPUTY Vlcld Allen III IIIIIIIIIII IIIIIIIIIIIII IIIIII I III RECORDED-REQUEST OF Meridian City 1081 ~ i i 00 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Boise Waltman LLC Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this~_ day of ~61(P Y1(~~C/ , 2008, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Boise Waltman LLC, whose address is 970 West Broadway #443, Jackson, WY 83001-9475, hereinafter called OWNER/DEVELOPER 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the Property; and 1.2 WHEREAS, I.C. § 67-651 lA, 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 ha.s exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developerhave submitted an application for re- zoning of the Property's described in Exhibit A, and has requested a designation of C-G, General Retail and Service Commercial District (Municipal Code of the City of Meridian); and 1.S WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council., as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ 06-063 BOISE WALTMAN LLC) PAGE 1 OF 12 d~ • • 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, Ciry Council, the 7~' day of October, 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 full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the Ciry in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals aze 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 clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT (AZ (K-063 BOISE WALTMAN LLC) PAGE 2 OF 12 • 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 Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Boise Waltman LLC, whose address is 970 West Broadway #443, Jackson, WY 83001-9475, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned C-G, General Retail and Service Commercial District, attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B which are herein specified as follows: 40 building lots and 2 common lots on 38.21 acres in the proposed C G zoning district The pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 06-063 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. A phasing plan shall be submitted with phase 1 of the development. 2. The existing agricultural use (grazing of cattle) on the property will be allowed to continue after annexation into the City, until phase 1 of the development occurs. A maximum of 25 cows and 2 horses will be allowed to exist on the site at any time. 3. The applicant shall improve Waltman Lane adjacent to the site and off- site to the end of the split corridor improvements, per the half street DEVELOPMENT AGREEMENT (AZ 06-063 BOISE WALTMAN LLC) PAGE 3 OF 12 i sections attached in Exhibit A.6 of the staff report, prior to occupancy of any structure within the site. 4. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 5. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 6. The applicant shall be responsible for all costs associated with sewer and water service installation. 7. No building permits shall be issued or construction traffic allowed (except for infrastructure improvements such as sewer, water, & roads} on this site until: a. The construction related to the split corridor Waltman Lane/Meridian Road/Main Street intersection has commenced and the applicant has installed a gate with paved access to Ruddy for use by the Waltman residents. Such gate shall be installed prior to beginning any other construction on the site and shall be removed by the applicant prior to dedication and ACRD acceptances of the street connection to Ruddy Drive. This temporary secondary access shall be useable to Waltman residents at all times during the construction of the subject property. OR b. Corporate Drive is extended across the Ten Mile Creek and is connected to Waltman Lane. 8. Development on this site shall not exceed a site trip generation of 8,000 ADT from the site prior to the extension of Corporate Drive from the north bank of the Ten Mile Creek at its current stub, south to Waltman Lane. Approval shall be obtained from ACRD prior to Certificate of Zoning compliance application submittal for future structures to verify compliance with the allowed ADT. A Certificate of Zoning compliance application(s) will not be approved for any structure(s) on the site that exceeds the total allowed ADT for the site until Corporate Drive is extended. 9. Ruddy Drive shall be extended as a public street into this site and up to Waltman Lane, as shown on the concept plan(s). 10. At no time shall construction traffic associated with the development of this site be allowed to access this site using Ruddy Drive or any other street within The Landing Subdivision. 11. Provide a pedestrian network within the parking areas that will help to guide pedestrians through the parking areas safely. This network shall include pedestrian only pathways and sidewalks that connect the distant parking areas to the buildings. A pedestrian plan shall be included with the master concept plan for this development; submit with the first CZC application on this site. 12. All buildings in the development shall be subject to the administrative design review standards listed in the UDC and future design guidelines DEVELOPMENT AGREEMENT (AZ 06-063 BOISE WALTMAN LLC) PAGE 4 OF 12 pertaining to architectural character, color & materials, and parking lots. In addition to the aforementioned standards, the lots directly adjacent to Waltman Lane shall also comply with design standards pertaining to pedestrian walkways. Architectural design elements on the structures shall continue all the way around the structures, similar to the example provided by the applicant at Target included as Exhibit A.7 of the staff report. 13. All buildings on the site shall be generally consistent with the conceptual office and retail elevations submitted with this application unless the Development Agreement is modified by the developer once actual users are identified. 14. All buildings shall contain architectural elements and landscaping features that break up any long facade or wall, as determined by the Planning Director, that face the freeway, a main drive aisle, a parking area, or a residential district. These architectural elements shall include at least two changes in materials or colors, and some modulation in the facade, including but not limited to, windows, columns, cornices, extrusions, or other architectural enhancements. 15. Any outdoor uses and/or activity areas (including restaurant seating) adjacent to residential uses along the west and northwest boundaries shall require conditional use permit approval (unless the adjacent uses are changed into non-residential uses). 16. Prohibited uses along the western and northwestern property boundaries are as follows: drinking establishments, drive-thru establishments, fuel sale facilities, fuel sales facilities/truck stops, and vehicle washing facilities. 17. Except for a potential hotel site at the southwest corner, all structures proposed on the site over 100,000 square feet that are within 100 feet of a residential district or use shall obtain conditional use permit approval. 18. Standard hours of operation for businesses along the west and northwest properly boundaries adjacent to residential uses are limited to the hours between 8 am and 11 pm (unless the adjacent uses are changed into non- residentialuses) with the exception of a hotel use, which shall be allowed to operate 24 hours. 19. For concept plan #1, all structures along the west and northwest property boundaries adjacent to existing residences shall be limited in height to two stories and shall have a minims setback of 25 feet adjacent to the existing residences (unless the adjacent uses are changed into non- residential uses), with the exception of the proposed hotel. If a hotel is built at the southwest corner of the site as depicted on the concept plan, a 25-foot setback shall be required for the first story, a 104-foot setback shall be required for the 2°a story, and a 200-foot setback shall be required for anything greater than 2 stories, adjacent to existing residences. Structures along the west and northwest properly boundaries directly adjacent to residences shall position second story (and higher, in DEVELOPMENT AGREEMENT (AZ (}6-063 BOISE WALTMAN LLC) PAGE 5 OF 12 ~i the case of a hotel) windows in such a manner as not to have views directly into neighboring residential properties. For concept plan #2, appropriate setbacks will be determined at the public hearing for the preliminary plat and conditions will be placed on the plat accordingly; No Development Agreement modification shall be necessary. 20. For concept plan #1, no rear loading areas, delivery areas, trash areas, or obtrusive lighting shall be permitted adjacent to existing residences on the west and northwest property boundaries. Further, all trash enclosures shall be constructed of concrete or masonry materials. 21. A minimum of 10 buildings shall be required on this site. 22. Development of this site shall be generally consistent with either one of the two conceptual site plans approved with this application, as determined by the Planning Director, unless the Development Agreement is modified by the developer once actual users are identified. If the applicant proceeds with concept plan #2, a new preliminary plat application will be required. 23. Prior to issuance of the first occupancy, a 10-foot wide multi-use pathway shall be constructed at the northeast corner of the site as depicted on concept plan #1 and as approved by the Pazks Department, on the east side of the Ten Mile Drain in alignment with the existing pathway on the north side of Waltman Lane, in accordance with the standards listed in UDC 11-3B-8 and 11-3B-12, and the Master Pathways Plan. 24. The vegetation and trees that currently exist along the banks of the Ten Mile Creek shall be protected or enhanced as part of this development. The applicant shall work with the Parks and Recreation Department regarding the removal or replacement of any trees on this site. 25. Construct a 50-foot wide landscape buffer along the interstate. This buffer shall be designed in accordance with UDC 11-3B-7 and be placed along the entire southern boundary of the subject site, prior to the occupancy of the first building in this development. 26. Construct a 20-foot wide landscape street buffer along Waltman Lane (a collector street) east of the Corporate/Waltman intersection. A 10-foot wide buffer shall be constructed along Waltman Lane (a local street) west of the Corporate/Waltmanlntersection. These buffers shall be designed in accordance with the standards listed in UDC 11-3B-7 and constructed prior to the occupancy of the first building in this development. 27. Construct a 25-foot wide landscape buffer and a 6-foot tall masonry wall between residential uses and properties zoned C-Gas depicted in Exhibit A.8 of the staff report. This buffer shall be designed and constructed in accordance with UDC 11-3B-9 and be placed adjacent to any existing residential uses which would include The Landing Subdivision and the two residential pazcels located adjacent to the northwest corner of the subject property (if these properties are still functioning a.s residential uses and have not converted to commercial by the time building permits are applied for), prior to occupancy of the adjacent building. DEVELOPMENT AGREEMENT (AZ 06-063 BOISE WALTMAN LLC) PAGE 6 OF 12 ~~ • 28. If the applicant chooses to develop consistent with concept plan #1, relocate Waltman Lane further to the south, vacate the existing right of- way, and install a 25-foot wide landscape buffer on the north side of Waltman (off-site) adjacent to the Haddock property, as depicted on concept plan #1 and Exhibit A.9 of the staff report. If the applicant chooses to develop consistent with concept plan #2, appropriate buffers shall be determined at the public hearing for the preliminary plat and the plat shall be conditioned accordingly. 29. If the applicant chooses to develop consistent with concept plan #1, construct two driveways as proposed on concept plan #1, on the south side of Waltman Lane, no wider than 36-feet each. No driveway accesses to Waltman are approved west of the Waltman/Corporatemtersection. If the applicant chooses to develop consistent with concept plan #2, appropriate driveway locations shall be determined at the public hearing for the preliminary plat. 30. If the applicant chooses to develop consistent with concept plan #1, construct a maximum of 5 access points to Corporate Drive as shown on concept plan #1, unless the Development Agreement is modified by the developer once actual users are identified. If the applicant chooses to develop consistent with concept plan #2, appropriate access points shall be determined at the public hearing for the preliminary plat. 31. The applicant shall comply with a111andscaping standards described in the UDC, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. 32. The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and design review approval from the Planning Deparhnent prior to all new construction on the subject property. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owner/Developer or Owner/Developer's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developer consent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: DEVELOPMENT AGREEMENT (AZ 06-063 BOISE WALTMAN LLC) PAGE 7 OF 12 • • 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developer and if the Owner/Developer fail to cure such failure within six (6) months of such notice. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of Ciry or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner/Developer'scnst, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the Ciry 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 Ciry or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. DEVELOPMENT AGREEMENT (AZ 06-063 BOISE WALTMAN LLC) PAGE 8 OF 12 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The Ciry 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 Ciry. 14. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the Ciry of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the Ciry of Meridian. 15. 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: OWNERIDEVELOPER: c/o Ciry Clerk Boise Waltman LLC City of Meridian 970 West Broadway #443 33 E. Broadway Ave. Jackson, WY 83001-9475 Meridian, ID 83642 DEVELOPMENT AGREEMENT (AZ 06-063 BOISE WALTMAN LLC) PAGE 9 OF 12 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 • 15.1 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. 16. 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. 17. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to .each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 18. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer ofthe Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that OwnerlDeveloper has fully performed its obligations under this Agreement. 19. 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. 20: FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, DEVELOPMENT AGREEMENT {AZ 06-063 BOISE WALTMAN LLC) PAGE 10 OF 12 • • 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 ar their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 20.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: BOISE WALTMAN LLC ~~ ~„~ CITY OF MERIDIAN By. MAYOR T de WEERD ATTEST: ,~•~~```~~y ~ ~R~i'9~,. ~','+. d~~4 ~' rFO AL = JAYC L. HOLMAN, CTI~y C ~~ ~ ~~ o \ -,,moo ,. 9~-~ , ~~,,,,,~. DEVELOPMENT AGREEMENT (A~sq~~ AN LLC) PAGE 11 OF 12 ,~~~~~~ruir~ ~Eit+«~'~~\ ~ ~ ~ z~nc~ STATE OFD; ) County of ~ C°~ss On this .~ day of ~~ `~ ~~ ~C 2008, before me, the undersign a otary Public in and for said State, personally appeared ~(~ `a ~ ~ ~~~ ~ known or identified to me to be the 1~1 _ _ - ~ ~ { of B oise Waltman 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 year in this certificate first above written. HOLLY F. EPSARO Notary Public, State ofArizona Maricopa County My Commission Expires ` May 14, 2011 STATE OF IDAHO ) C~ ~ ~-o Notary Public for ( ~, r, ~~ ~~,~~~~ Residing at• ~ `S E, SY- ~ °~- My Commission Expires: ~ l ~ ~Z ~ `~~' ~~ ss County of Ada ) °~''' On this ~~ day of ~aV~nb~ , 2008, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. _~ ®® Notary Public for Idaho Residing at: ~~ ~ 0~ U~Cl~ , 1 V Commission expires: ~ 0 --~ 1 ~-1.1 DEVELOPMENT AGREEMENT (AZ 06-063 BOISE WALTMAN LLC) PAGE 12 OF 12 ~/ A. Legal Description tegat Descril?f70ft Waftmart Property Anr~rcation n U H parcel far annexation purposes located in the NW "/, of the SE '1, of Section 13, Township 3 North, Ratxte 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: BEGINNING at a 518 inch diameter iron pin marking the northeast comer of said NW '/. of the SE %, from which a brass cap monument marking the northeast comer of the SE '1< of said Section 13 bears S 89°25'45° E a distance of 1321.27 feet: Thence S 0°46'07° W along the easterly boundary of said NW '/. of the SE '/, a distance of 1323.25 feet to a point on the northerly right-of-way of Interstate 84; Thence N 89°30'44' W akmg said northery right-of-way a distance of 1315.45 feet to a 5/8 inch diameter iron pin on the westerty boundary of said NW '1. of the SE 'f<; Thence N 0°30'35° E along said westerly boundary a distance of 108273 feet to a 5/8 inch diameter iron pin; Thence leaving said westerly boundary S 89°18'28° E a distance of 249.82 feet to a 518 inch diameter iron pin; Thence N 0°33'15° E a distance of 24268 feel to a point on the northerly boundary of said NW '/. of the SE'/s; Thence S 89°26'35° E along said northerly boundary a distance of 1071.42 feet to the POINT OF BEGINNING. This parcel contains 38.68 acres and is subject to any easements existing or in use. Clinton W_ Hansen, PLS Land Solultons, PC November 7, 2006 -vE4i r10Vi+L y~g~lOiAFi aLiOi.(G :NOCd~G DEPT. ~.^.~PT ..Sr~`rs`.fiis i'.,.; ~'~ ~r 1', ~' WalRnan Annexation L~ mss. ,b,,.,er~s Job No. 06-94 • i ~~ °F ME'~~ E IDI~T- FINDINGS OF FACT, CONCLUSIONS l D A H 0 OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 38.68 acres from RUT and R 1(Ada County) to C-G (General Retell and Service Commercial); and Preliminary Plat for 40 buildable lots and 2 common lots on 38.21 acres in a proposed C-G zoning district, by Waltman, I;.LC. Case No(s). AZ-06-063 & PP-OS-001 For the City Council Hearing Dates of: Apri122, May 6, June 17, and 24, and July 8, and 22, and September 2, and 23, 2008. (Findings on the October 7, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached StaffReport for the hearing date of May 6, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 6, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 6, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code {see attached Staff Report for the hearing date of May 6, 2008, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by.the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unit ed 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 b, 2002, Resolution No. 02-3 82 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINtiS OF FACE, CONCLUSIONS OF LAW AND DECISION 8c ORDER CASE NO(S)..AZ-06-0b3; PP-08-001 -I- • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has•granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Prelinoiinary Plat, Conceptual Site Plan, Development Agreement, and the Conditions of Approval all in the attached Staff Report for the hearing date of May 6, 2008, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Annexation request, as evidenced by having submitted the legal description and exhibit map, stamped and dated November 7, 2006 by Clinton Hansen, PLS, is hereby conditionally approved; 2. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of May 6, 2008, incorporated by reference. 3. The applicant's. Preliminary Plat as evidenced by having submitted the Preliminary Plat dated (stamped 2111/08 by Clinton Hansen) is hereby conditionally approved; and, 4. The site specific and standard conditions of approval for the preliminary plat are as shown in the attached Staff Report for the hearing date of May 6, 2008, incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION 8c ORDER CASE NO(S). AZ-06-063; PP-OS~001 -2- • In the event that the development of the preliminary plat is made in succc-wsive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18} months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council 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 r~uired 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 6, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S~ AZ-06-063; PP-OS-U01 -3- • 5~ B action of the Ci Council at its re ar meetin held on the ~ day of Y ~ ~ 008. COUNCIZ MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER 1 - .^ VOTED ~C~--- ~~~ Q,~ UJI.f t Q COUNCII, MEMBER CHARLIE ROU_Nc1TREE VOTED (~ COUNCIL MEMBER KEITH BIRD VOTED__~~D~. __~ MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ~ ~ Mayor Tammy a Weerd • ``,,~~~µ1~~U~11bJ~l~~I Attest: •``' `1 ~ ' `~ ~''~• ---- Jaycee H~naa, City Clem .~ '~'"'-- i .~ ~ ~ '.,~~'~ ~t 1ST ~ P~`.`~~ Copy served upon Applicant, ~ent, Public Works Department and City ~a~rr~r~~ nun~`~~ Attorney. B r Dated: ~ ~' q '0 $ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). A7r06-063; PP-0&001 -4- • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 STAFF REPORT Hearing Date: May 6, 2008 To: Mayor & City Council E IDIAN~-- 1DAHO FROM: Sonya Wafters, Associate City Planner (208) 8845533 SUBJECT: Browning Plaza (aka Waltman Property) • AZ-06-063 Annexation and Zoning of 38.68 acres from RUT and R-1 (Ada County) to C-G (General Retail and Service Commercial) • PP-08-0O1 Preliminary Plat fair 40 buildable lots and 2 common lots on 38.21 acres in a purposed C-G zoning district The Commission heard these applica[ions on February 21, 2004 At that meeb'ng, the Commission voted to continue the project until the March 20, 2008 meeting in order to have suf}lcient bane to obtain comments from ACRD (the ACRD Commission heard this project on March S'~) and to glue the applicant time to review the Development Agreement provlciorts recommended by Staff: The applicant submitted a written response to the original DA provisions proposed by Staff. Staff has updated the DA provlclons, including some of the requests try the appldcan~ and has met with the applicant to discuss these changes: The applicant submitted another wrlteen response to the DA provisions based on the updated provisiorr~ On Monday the ZS'~' of February, City and ACED Staff met w~h the applicant ~` ACED to discuss the traffic Issues In this area During that meeting the current access llmitagons and a long term salutlan for traffic in this area were discussed (A loop frontage road was briefly discussed, but was not considered as a viable option due to the State's plan for the new westbound on~amp onto I-84. This new on-ramp will tape a substantial pordon of the property due east of the subject site) ACED and City Staff both expressed an Interest In having Corporate Drive extended to the north to conned with SW S'h Avenue If this connection Is made, a viable secondary access to this site will be established A solution that ACRD staff offered up to get the CorporatelSa connection made, but not put the eruire burden on the applicant was to enter into a development agreement with the developer to establish an extraordinary impact overlay district in this area If an extraordinary Impact fee area is established the developer of the subject property, In concert with ACRD, would build the Corporate Drive w~errsion (and any other "necessary" roadway improvements) and then be reimbursed through eztraorddnary impact fees that are generated as buildings are consb7scted in this area Unlike ACED sb;~; however, City Staff believes that the Corporate Drive extension should occur prior to another 8,000 vehicle trips being added in this area, not after: City Staff continues to believe that the extension ajCorporate Drive to the north, across the Ten Mlle Lateral Is a critical roadway Improvement In this area that should be constructed sooner rather than later: Staff is recommending that no more than 75,000 square feet of gross building area be allowed before the Corporatel5'h connection is made. Staff recommends that the Commission decide what roadway Improvements and DA provisions should be included with this developmer~ See section 10, Analysis for details on the updated DA provisions for this projecx Changes to the sta, ff'report since the February 21~` version are in bold Italics and underline Originally, the applicant was only requesting AZ approval whh a conceptual development plan. Since that time, the applicant has submitted a preliminary plat and new concept plan, This staff report is based on a revised preliminary plat and revised concept plan depicted in Exhibit A, stamped on Z/8/D8 Weltinan Property - Browning Plate AZ PP PAGE 1 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 by Ross Erickson, not the preli~ridnary plat and concept plan that was trarisnaitted with the prellniinary plat applic¢tion. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Waltman LLC, has applied for Annexation and Zoning (AZ) of 38.68 acres from RUT and R-1 (Ada County) to C-G (General Retail and Service Commercial). A conceptual development plan has also been submitted for this site that depicts a big box retail building, a hotel, professional offices, and a commercial retail center for a variety of commercial opportunities. Preliminary Plat (PP) approval. is also requested that includes 40 buildable lots and 2 common lots on 38.21 acres of land. The subject property is located on the south side of Waltman Lane, east of The Landing Subdivision and directly north of Interstate 84, in Section 13, Township 3 North, Range 1 West, B.M. The subject property is composed of nine parcels of ground and contains various existing homm and associated outbuildings that will be removed at the time of development. This property is within the City of Meridian's Arce of Impact and Urban Service Planning Area. 2. 3iJNIlVIARY RECONIlVIIIITDATION Staff recommends approval of A7r06-063 and PP-08-001, as preseirted in the staff report for the hearing date of March 20, 2008, based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement provisions proposed in Secbton 10. The Meridian Plannine & Zoning Commission heard thcee items on March 15. May 3. June 7. Anan_Rt 2 October 4 and December 20.2007 and February 21. and March 20.2008. At the public hearing on March 20.2008 they moved to recommend approval of the subject AZ and PP request. e. Summary of Commuisslon Pgblic Hearing: i. In favor Joe Borton & Shawn Nickel Rose Law Groan (Applicant's Representative): Robert Wiener (Applicant) ii. )<n opposition: Cathy Floyd. Svndi Jones. Donna Aldrich. Mike Swenson iii. Commenting: Curtis Lee. Christy Haddock. Nona Haddock. Nathan Floyd. Joe Lorcher. and Terry Farnham. Rob Haddock iv Written testimony: Art Berry v. Staff presentinsi application: Sonya Wafters vi. Other staff commenting on aunlicafion: Caleb Hood b. Kev Issue(s) of Discussion by Commission: i. The necessity for Corporate Drive to be extended from the north to Waltman Lane for an additional access point to/from the site: ii. Transition in uses between the future connnercial uses and the existing residences to the west and north of the site; iii. The reloealion of Waltman Lane further to the south and addiilon of a buffer on the north side of Waltman adiacent to existing residences: iv. The thrmhoid for how mach development can occur on the site nnt31 Corporate Drive is v. G K~ Commission Change(s) to Staff Ret`ommenda7,ton: i. Add a Development Agreement (DA) provision retauiring CUP approval for all restaurant and retail uses proposed along the western and northern proper! Waltman Propeaty -Browning Plaza AZ PP PAGE 2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 boundaries adiace~ to residential uses. Farther. drinkine establishme~s and drive- thru uses shall be prohibited: ii. Add a DA provision restrictive hours of operation for businesses alone the western and northern property boundaries adiace~ to residential uses to not exceed 10 pm: iii. Modify DA provision to allow np to 150.000 (instead of 75.000) sanare feet of arose bpildine area prior to the extension of Corporate Drive from Waltman Lane across the Ten Mile to the north. d. Ontstandine Issue(s) for City Council: i. The th*eshold for how mach development can occur on the site before Corporate Drive is extended from Waltman Lane north. across the Ten Mile Creek and how that resh3d3on i$ applied to the sabiect appliealut: ii. Appropriate transition in uses between the proposed commercial asm and the existine residential uses to the west and north. Waltman Fropeaty-Browning Plaza AZ PP PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 ModiFv DA nrovisio to reo ire Waltm n ane (adiacent to he site and off-site to the end of tie sn1~1t corridor ~Lmnroveme~sl to he mnrognd odor to oc_~ancv of 3. PROPOSED MOTIONS Approval After considering all staff', applicant and public testimony, I move to approve File Numbers AZ-06- 063 and PP-08-001, as presented in the staff report for the hearing date of May 6, 200$, with the following modifications: (Add any proposed modifications.) , Continuance After considering all staff applicant and public testimony, I move to continue File Numbers AZ-06- 063 and PP-08-001 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a c~tinuance.) Denial After considering all staff; applicant and public testimony, I move to deny File Numbers AZ-U6-063 and PP-08-0O1, as presented during the hearing on May 6, 2008, for the following reasons: (State specific reasons for denial of the annexation request.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 505, 521, 615, 675 W. Waltman Lane Referenced as Ada County Tax Parcel #'s: S 1213428300, S 1213428050, S 1213428010, S1213428020,51213427880,S1213427890,51213427840,51213427860,and S1213427872 Located in the Southeast % of Section 13, T3N, R1 W b. Owner: Boise Waltman, LLC 27305 MayIIower Way Boise, ID 83709 c. Applicant: SLN Planning, Inc. 148 N. 2~ Street, Suite 101 Eagle, ID 83616 Waltman Property -Browning Plaza AZ PP PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2Q08 d. Representative: Shawn Nickel, SLN Planning, Inc. e. Present Zoning. Rl and RUT (Ada County) f. Present Comprehensive Plan Designation: Commercial g. Applicant's StatemeaitlJustification: A C-G zoning designation is being requester with the annexation application, with the subdivision plat containing a variety of commercial lots ranging in size with the flembility of allowing for multiple users with maximum options in design and placement of businesses. A public street connection from the residential subdivision to the east (Ruddy Street} will be extended and aligned with the future Corporate Drive to the north. In addition, Waltman Lane will be extended into the site and will intersect with the new Corporate Street alignment. (See Applicant's rtarrativefor more igformation.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. c. Newspaper notifications published on: July 16, and 30, 2007 (AZ) and February 4, and 18, 2008 (PP) {Commission); March 31 and Aori114 2008 (Gifu Conncfll d Radius notices mailed to properties within 300 feet on: July 6, 2007 (AZ) and January 28, 2008 (PP) (Commission); March 28.2008 (Gifu Connc~ e. Applicant posted notice on site by: February 8, 2008 (Commission); April 11. 2008 (Gifu Conn 6. LAND USE a. Existing Land Uses}: Vacant land; agricultural b. Description of Character of Surrounding Area; This site is surrounded by various uses and zoning designations. This area is still primarily residential in nature. Some of this area has ah~dy transitioned form rural to urban such as The Landing Subdivision to the west and various commercial sites to the northeast. This area is rapidly tn3nsitioning form rural residential to urban. c. Adjacent Land Use and Zoning 1. North: Waltman Lane and Rural Residences, zoned RUT and Rl (Ada County) 2. East: Rural Residences and ITD sand lot, zoned C-G and RUT (Ada County) 3. South: Interstate 84 4. West: Single Family Homes in The Landing Subdivision, zoned R-4 d History of Previous Actions: This Property Plays an essential role in providing secondary access to the residences in The Landing Subdivision and other home sites that were previously only accessible for emergency service providers by Linder Road Working with the Meridian Fire Department, the applicant has recently provided a secondary emergency vehicle access road that connects to Ruddy Drive, which is a stub sttret extended to the subject property from the Landing Subdivision. This emergency vehicle access provided a much needed second point of connection Walm~an Property- Browning P1a7a AZ PP PAGE 5 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 to all of the properties south of Franklin Road that take access from Linder. As this area develops maintaining vehicle access to Ruddy Drive will be crucial in this area. e. Existing Consttsints and Opportunities 1. Public Works Location of sewer. There is currently a sewer trunk installed through this property, Location of water. There is currently a water main in Waltman Lane and in Ruddy Drive in The Landing Subdivision. Issues or concerns: None. 2. Vegetation: There are some existing trees on the site that may need to be protected or mitigated for as this site develops. 3. Floodplain: The Ten Mile Creek is located along the eastern boundary of this site. It appears the floodplain is isolated to the eastern side of the Ten Mile Creek which is only a small portion of the subject property. When specific development plans for this site are submitted, the floodplain implications will be examined in more detail. The applicant will have to apply for a Floodplain development permit for construction within the floodplain. 4. Canals/Ditches Irrigation: As mentioned above the Ten Mile Creek courses through the eastern portion of this site. The Ten Mile Creek is listed in the Comprehensive Plan as one of the waterways that should be protected and improved within city limits. 5. Ha~rds: N/A 6. Proposed Zoning: C-G 7. Size of Property: 38.68 acres (amiexation area); 38.21 acres (plat) f. Landscaping: 1. Width of street buffer(s): A 20-foot wide buffer is required along Waltman Lane (a collector street), east of the Waltman/Corporate intersection; a 10-foot wide buffer is required along Waltman Lane (a loc~1 street), west of the Waltman/Corpoiate i~ersection; a 20-foot wide buffer is required along Corporate Drive (a collector street); and a 50-foot wide buffer is required along I-84 (an interstate and entryway corridor). All slxeet buffer landscaping shall be installed in accordance with the standards listed in UDC 11-3B-7C, Landscape Buffers Along Streets. 2. Width of buffer(s) between land uses: Per UDC Table 11 2B-3A, a 25-foot wide buffer to adjoining uses in required along the west and northwest properly boundaries adjacent to the existing residences. This buffer shall be installed in acxordance with the standards listed in UDC 11-3B-9C. 3. Parking Lot Landscaping. Perimeter and internal parking lot landscaping is required upon developme~ut of the site in accordance with the standards listed in UDC 11-3B-$C. Internal landscaping will be reviewed for compliance with UDC standards with submittal of the Certificate of Zo~aing Compliance and/or Conddtional Use Per»ait application. g. Summary of Proposed Streets and/or Access: The concept plan submitted by the applicant shows two major points of access into this development. The first of these access points is taken directly from Waltman Lane which is an existing public street that runs along the northern boundary of this property. Waltman Lane is currently operating as a partially improved street with two travel lanes, no curb, gutter or sidewalks. The second access point into this property is provided by a stub street, Ruddy Drive, Waltman Property -Browning Play AZ PP PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE NEARING DATE OF MAY ~, 2008 which extends to the subject property from The Landing Subdivision to the west. The applicant's concept plan shows Corporate Drive extending from the north through the site and connecting to Ruddy Drive. There are also 2 driveway access points to/from Waltman Lane and 5 driveway access points to/from Corporate Drive shown on the concept plan. These access points and other access issues are discussed at length in section 10 of this report. ACfID has submitted draft conditions of approval on the proposed plat that are included in Exiu'bit B. Staff and AC1:ID are generally supportive of the proposed stns and access points proposal on the plat with the conditions contained in this report in Exhibit B. 7. COMMENTS MEETING On February 1, 2008, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and conditions of approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property. is designated on the Comprehensive Plan Future Land Use Map as "Commercial" The Comprehensive Plan defines Commercial as: `This designation will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone." The applicant is requesting to rezone this property to C-G which staff believes is consistent with the Comprehensive Plan designation for this property. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) ~91aen the City established its Area of City Impact it planned to provide City services to the subject property. ?Tae City of Meridian plans to provide mundcipal services to the lands proposed to be annexed in the following manner: - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Depart»ien~ who currently shares resource and personnel with the Meridian Rural Fire Department: - The subject lands currently lde within the jurisdiction of the Arta County Sherd, fJ's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACfID). This service wdll not change. - The subject lands are currently serviced by the Meridian School Distrzct #2. 77ais service will reot change. - The subject lands are currently serviced by the Meridian Library Dastrdct. This service wdll not change and the Meridian Ldbrary District should su,,~`er no revenue loss as a result of the subject annexation. Waltman Property -Browning Plaza AZ PP PAGE 7 i C~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARWG DATE OF MAY 6, 2008 • Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within the Impact Area. Stafffinds that the site is designated for Commercial on the Comprehensive Plan Future Land Use Map. Staff believes that over time, a variety of commercial and retail opportunities will be provided on this site. • Chapter VII, Goal N, Objective D: Encourage appropriate land uses along transportation corridors. Staff believes that the proposed development is appropriate along the adjoining transportation corridor (Interstate 84). This development project will be highly visible and help to define this area of the city. • Chapter VII, Goal N, Objective A, Action 6: Require screening and buffering of commercial and industrial properties and residential use with transitional zoning. The applicant is proposing a ZS foot wide landscape buffer on the west properly line adjacent to The Landing Subdivision as required by the UDC The applicant is proposing a GG zone for the entire site. The conceptual site plan depicts professional offices and a hated adjacent to The Landing Subdivision. Staff is supportive of the proposed office uses as a transitional use but believes that the hotel andlor any other building over 100, 000 square feet proposed within 300feet.of a residential district or use should be required to receive Conditional Use Permit approved. See section 10 below for more information and analysis. • Chapter V, Goal I, Objective A, Action 4: Develop and maintain greenbelt along waterways. The Ten Idle Drain runs along the east boundary of this site. Per the Master Pathways Plan, a multi-use pathway is required along the east side of this waterway at the northeast corner of this.site in alignment with the pathway on the north side of Waltman Lane. • Chapter V, Goal III, Objective D, Action 5: Require all commercial and industrial businesses to install and maintain landscaping. Internal parking lots landscaping and buffers will be required to be installed and maintained by each of the commercial businesses proposed within this development • Chapter VI, Goal II, Objective A, Action 13: Review. new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. With development of this site, Corporate Drive, currently stubbed at the Ten Mile drain rwrth of Waltman Lane, will be extended through the site and connect to Ruddy Drive (a stub street) in The Zanding Subdivision. Although ofj--site, staff believes that the extension of Corporate Drive across the Ten Mile Creek to the north is also an important street coranection/extension in this area (see below for more analysis). 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11 2B-2 lists the permitted, accessory, and conditional uses in the C-G zoning district. Retail stores; offices uses, and service-based industries are either principally or conditionally permitted uses within the C-G zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the. Meridian Comprehensive Plano. Four Districts are designated which differ in the size and sc~1e of commercial structures accommodated in the district, the scale and mix of allowed conunercial-uses, and the location of the district in proximity to street and highways. Waimnat- Property - Browning Plate AZ PP PAGE 8 CJ CITY OF MERIDIAN PLANNIIVG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 c. Dimensional standards for the C-G zoning district, per UDC Table 11-2B-3: (Applicable upon development of the property) Front setback in feet 0 Rar setback in feet 0 Interior side setback in feet 0 Stmt buffer in feet Local 10 Collector 20 Arterial 25 a Corridor 35 Interstate 50 ' Landscape buffer to raidential uses in feet p* 25 Maximum building hei in feet) 65 Maximum building size without design standard approval as set forth in 11-3A-19 ins a feet 200,000 Parking requirements See Chapter 3 Article C OFF-STREET PARKING AND LOADING UIRIIvvIENNTS Candace in s See Cha ter 3 Article B LANDSCAPING REQUIREMENTS *All setbacks shall be measured from the ultimate right-of-way for the street classification as shown on the adopted Transportation Plan. **minimum setback only allowed with reuse of existing residential structure. ***Where the adjacent property is vacant, the Director shall determine the adjacent property designation based on the Co ensive Plan deli 'on. 10. ANALYSIS a. Analysis of Facts Lading to Staff Recommendation 1. AZ Application: Please see Exhibit D for detafied analysis of the required facts and findings for the annexation & zoning and preliminary Plat applications. The annexation legal description submitted with the application (prepared on November 7, 2006, by Clinton W. Hansen, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. Concept Plane The applicant submitted a concept plan for this property showing how the property may develop in the fiibue. Due to the unlmown nature of the future businesses that may develop on this property, the plan is only conceptual. After carefully reviewing the concept Plan, staff has identified various issues and concepts that need to be finther discussed and mitigated/conditioned for. Staff ig aware that the proposed plan is only conceptual in nature, but believes there are some concepts not currently proposed that would be appropriate for this site. These additional concepts, and the ones proposed are discussed below. To begin, the concept plan proposes approximately 400,000 square feet of professional office, hotel, big box retail and smaller retail spaces that are distributed among 21 separate buildings (5 office buildings, 5 officelretail buildings, 1 big box retail building, 1 potential hotel building, and 9 smaller retail buildings). The big box retail building is planned to house a national retailer that will "anchor" the development. It is depicted on the site glare within the southastern portion of the development. Wellman Property- Browning Playa AZ PP PAGE 9 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 Staff is including a development agreement provision that requires ofilce uses only wi the egcepdon of a potentlal hotel site near the southwest corner of the site. to be wnstrneted along the west and northwest properly boundaries as a transitional use between the existing residences and the proposed commercial development. ff a hotel is proposed on the efts as depicted on the site plan a minimum 25-foot seHrack shall be reamtred for the first story. a 100-foot setback shall be reaaired for the 2 story. and a 200 foot setback shall be reunited for anvthine areater than 2 stories. adjacent to existing residences. Farther, aIl structures, with the eacepbton of a potential hotel along the west and north property boundaries may not ezceed 2 stories in height and any/aII two story (or hasher in the case of a hotel) structures along the west and northwest property boundaries directly adjacent to residential uses shall position second story windows in such a manner as not to. have views directly into neighboring residential properties. Staff is also adding a DA provision that a minimum of 15 bmldings be required on this site and that no building greater than 1`00,000 square feet be located within 300 feet of a residential district or use without obtaining conditional use permit approval A major aspect of the concept plan is the proposed street/driveway system. The applicant is proposing to construct Corporate Drive as a public collector street, south from Waltman Lane connecting to Ruddy Drive, a stub street in The Landing Subdivision at the west boundary of this site. This vehicular access will serve as a primary access for residents in the general vicinity, but should not be a major access for patrons of the development that live west of Linder Road. Corporate Drive at Waltman Lane aligns with the anticipated Corporate Drive extension to the north (currently Corporate dead-ends on the north side of the Ten Mile Creek.) Five driveway connections are proposed to/from Corporate Drive; four of which are in alignment with each other. Two driveway accesses are proposed to/from Waltman Lane east of the Corporate/Waltman intersection. No access points to Waltman are proposed west of the Corporate/Waltman intersection. Staff is including a DA provision limiting access points to Waltman Lane to those shown on the concept plan. One more element of the concept plan to note is the parking layout. As shown on the concept plan, the majority of the buildings along Corporate Drive and Waltman Lane are directly adjacent to the street buffer with parking to the sides and rear of the buildings. The majority of the parking, is mensal. Staff is supportive of this layout. Additionally, due to the high visibility of this site, staff believes that restricting the location of parking areas, docks/loading areas, and dumpsters is appropriate. (See Site Design and Landscaping below for more information.) Site Design: This site is in a very visible location. People in cars driving by the city on Interstate 84 will have a direct view of this commercial development. This area has the potential to become one of the city's most recognizable features. idor this reason, quality design is essential. In addition to the concept shown on the plan, the needed elevations/design elements mentioned above, staff believes the following design elements should be required with this development of this ProP~Y• • In addition to the conceptual building elevations, materials and design eleme~s presented during the public hearing, all buildings in the development should be Waltman Ptogerty-Browning Plaza AZ PP PAGE 10 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIIVG DATE OF MAY 6.2008 subject to the administrative design review standazds listed in the UDC pertaining to architectural character, color & materials, and parking lots. In addition, the lots directly adjacent to Waltman Lane shall also comply with design standards pertaining to pedestrian walkways. ~I • All buildings should contain architectural elements and landscaping feawres that break up any long .facade or wall, as determined by the Planning Director, that faces the freeway, a main drive aisle, a parking azea, or a residential district. These architectural elements shall include at least two changes in materials or colors, and some modulation in the facade, including but not limited to, windows, columns, cornices, extrusions, or other architectural enhancements. • Pedestrian walkways and comiectivity should be provided on the site between the buildings and within the parking lots of this site. A pedestrian plan should be included within the master concept for this development. Pedestrian walkways and paths should be provided throughout the parking lot to allow pedestrians to walk in designated areas rather than in drive aisles. • Due to the high visibility of this site, and unless otherwise approved by a future Conditional Use Permit, trash compactors and loading docks along the north, west; and south property boundaries are prohibited. Further, all trash enclosures shall be constructed of concrete or masonry materials. Except for a potential hotel and the southwest corner of the site. office uses shall be constricted along the west and norther property lines as transitional uses to the esi~sting residential uses. Ezcetrt for a hotel all strictures along the west and north property boundaries adjacent to e~lsting residences shaII be limited in height to two stories. Stractara along the wit and northwest property.bonndaries directly adjacent to residences ahaII position second story (and hieher in the case of a hotell windows in such a manner as not to have views directly into neighboring residential properbtes. • All struchires proposed on the site over 100,000 square feet that are within 300 feet of a residential district or use shall obtain conditional use permit approval. • A minimum of 15 buildings should be required on this site. • Development of this site shall be generally consistent with the conceptual site plan submitted with this application (attached in Exhibit A), as determined by the Planning Director. Access: Access tolfrom this progeny is an issue of extreme importance for this project, especially yvhen the size and visibility of this proposal is considered. t;urrerrtly, there are only two points of access that exist into this area. The first is Waltman Lane, which is a public stmt running along the northern property line. Waltman Lane operates currently as a partially improved roadway with no curb, gutters or sidewalks. The other access point into this property is Ruddy Drive, which is a public residential stub street that is stubbed to this site from The Landing Subdivision to the west. There is a third vehicular coimection that staff also believes is important for the viability of this area; Corporate Drive, and its extension across the Ten Mile Creek. Staff believes that each of these points of connectivity mentioned above has special considerations; throe considerations are described below: Waltman Property _ Browning Plea AZ PP PAGE 11 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 • Waltman Lane: Staff believes that Waltman Lane will be the major access corridor into this site. Most people coming to or leaving this site will go through the intersection of Waltman Lane/Meridian Road/Main Street. The current configuration of this intersection has been identified by the City and ACRD as an area of great concern. The most current information from ACRD lists the redesign and reconfiguration of this intersection in the ACRD Draft Five Year Work Program, with cflnstnrction to begin in 2009. The project ie estimated to take seven months or more, and will be a major aspect of the "Split Corridor" as defined in the Downtown Meridian Transportation Plan and 2006 Update to the Comprehensive Plan. Staff believes that the redesign of this intersection is an essential key to the development of all of the land along Waltman Lane, including the subject properly. It must be made clear that the current configuration of the intersection is only serving a small number of single family homes that are located along Waltman Lane. It goes without saying that adding 400,000 square feet (or any) of commercial space prior to the redesign and construction of the Waltman Lane/Meridian Road/Main Street intersection would have severe consequences in this azea. Therefore, staff is including a provision restricting development of this properly until the Waltman/Main/Meridian Road is improved. Beyond the intersection being constructed and fully operational, staff also believes that Waltman Lane should be completely improved with curb, gutters and sidewalks along its entire length (abutting this site and to Meridian Road) prior to the intensification of this azea. (see summary of access issues below) • Corporate Drive: As stated above, Corporate Drive curre~rtly terminates at the northern bank of the Ten Mile Creek, approximately 500 feet north of the subject site. To connect to Waltman Lane, a bridge crossing will be required over the Ten Mile Creek and the street will then need to be extended across the 8.5 acre Lorcher property (parcel #S1213131365), which lies to the north of the subject site. It must be made clear that the Lorcher property is not part of this application, and lies off-site. However, Staff believes that the extension of Corporate Drive from the north to Waltman Lane is another key element of the circulation system in this area that should be resolved, before businesses are allowed to operate in this area. (see summary of access issues below) • Ruddy Drive: Unlike the other two access points me~ioned above that have constraints that are not directly adjacerrt to the subject property (they are off-site), Ruddy;Drive is a stub street that abuts the western boundary of the subject site. Currently, Ruddy Drive cormects to a network of local residential streets in The Landing Subdivision. All of these streets have front on housing and other characteristics of local neighborhood streets. Staff believes that Ruddy Drive should be extended to allow connectivity. This will allow emergency vehicles to maintain the much needed second access point to the south Linder Road azea and it will also facilitate a more limited flow of traffic between The Landing Subdivision sad this proposed development. (see summary of access issues below) Summary of Access Issues: Ia relation to the concerns described above, staff believes that the follovRing measures should be taken to avoid any potential access issues in this area: • No building permits should be released or construction traffic allowed on this site until the construction related to the redesign of the Waltman LaneJMeridian Road/Main Street intersection is completed OR Corporate Drive is extended across the Ten Mile Creek and is connected to Waltman Lane. Constractioa traffic for the pnraose of iufrastractare iimorovements sbaU be showed during the constriction related to the Waltman Laae/Merldian Road/Main Street Waltman Property- Browning Playa AZ PP PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 intersection. • ffthe extension of Corporate Drive is completed prior to the Waltman Lane/Meridian Road/Main Street intersection and construction begins on the site, no construction traffic should be allowed to use the Waltman LaneJMeridian Road/Main Street intersection until it is also completed. • Prior to occupancy of any structure located on this site, the Waltman LanelMeridian Road/Main Street intersection should be completed_ A#B-Further. nu to 75.000 sanare feet of Bross building area wiII be allowed prior to the extension of .Corporate Drive across the Ten Mile Creek to connecting to Waltman Lane Certificate of Zoning compliance application(s) will not be sovroyed for anv strnctare(s) on the site that exceeds the total allowed square footage for the site nnffi Corporate Drive is extended. • Ruddy Drive shall be extended as a public street (Corporate Drive) into this site and connect to Waltman Lane as shown on the concept plan. • At no time shall construction traffic associated with the development of this site be allowed to access this site using Ruddy Drive ar any other street within The Landing Subdivision. Waltman Lane: In order to provide a buffer between the three existing residential properties on the north side of Waltman Lane and the proposed commercial development, the applicant is proposing to relocate the existing Waltman bane further to the south. To do this the applicant must vacate the existing right-of-way, and install a 25-foot wide landscape buffer where the right-of--way use to be. Staff is supportive of this proposal Lighting: Lighting on this site along the western and northern property boundaries should be such that it does not negatively impact adjacent residential properties. To mitigate far this, light poles should be shorter and/or bollard type lighting should be used in these areas and all lighting on the site should comply with the standazds listed for outdoor lighting in UDC 11- 3A-11. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all constntction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (iJDC 11-SB-lA). To ensure that all of the provisions in the development agreement (see below) are complied with, the City requires that the applicant obtain CZC approval from the Planning Department prior to site development; aU site and landscaping improvements must be installed priar to occupancy. Development Agreement: A Development Agreement (DA) will be required as part of annexation of this property. Prior to annexation approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433, within 6 months of City Council approval to initiate this proems. The DA shall include, at minimum, the following: 1. A phasing plan shall be submitted with phase 1 of the development. 2. The existing agricultural use (grazing of cattle) on the property will ~ allowed to continue after annexation into the City, until phase 1 of the development occaus. A maximum of 25 cows and 2 horses will be allowed to exist on the site at anytime. Waltman Property -Browning Plaza AZ PP PAGE 13 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 3. The applicant shall improve Waltman Lane adjacent to the site and off-site to the end of the split corridor improvemers, per the half street sections attached in Exhibit A.6, prior to oCCnpancv of anv stiractare within the site. 4. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 5. All fitture development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 6. The applicant shall be responsible for all costs associated with sewer and water service installation 7. No building permits shall be issued or construction traffic allowed (except for infrastructure improvements such as sewer, water, & roads) on this site until: a. The construction related to the split corridor Waltman LaneJMeridian Road/Main Street intersection ~ has Commenced and the appliCBIIt has installed a Bate with paved access to Rnddv for nse by the Waltman residents. Snch sate shall be installed prior to besh3nine anv other construction on the site and shall be removed by the appliCBnt prior to dedication and ACRD acceutances of the street COIIneCtion t0 Rnddv Drive. This tempOrarv Be!'AIIdarV aCCeBB shall be useable to Waltman residents at all times dwinQ the Construction of the snbiect roe .OR b. Corporate Drive is extended across the Ten Mile Cr~k and is connected to Waltman Lane. 8. Development on this site shall not exceed a site trip generation of 8,000 ADT from the site prior to the extension of Corporate Drive from the north bank of the Ten Mile Creek at its current stub, south to Waltman Lane. Approval shall be obtained from ACRD prior to Certificate of Zoning compliance application submittal for firture strucuures to verify compliance with the allowed ADT. A Certificate of Zoning compliance application(s) will not be approved for any structure(s) on the site that exceeds the total allowed ADT for the site until Corporate Drive is extended. 9. 11..... ~ • •Le Tf1..1~ T .7 ..t w1 is ~GZ12'4rJ~7 ~tl'Z~ Cfi7G~~i ~t ~ ~DSS , f f 10. Ruddy Drive shall be extended as a public street i~o this site and up to Waltman Lane, as shown on the concept plan(s). 11. At no time shall construction traffic associated with the development of this site be allowed to access this site using Ruddy Drive or any other street within The Landing Subdivision. 12. Provide a pedestrian network within the parking areas that will help to guide pedestrians through the parking areas safely. This network shall inchuie pedestrian only pathways and sidewalks that connect the distant parking areas to the buildings. A pedestrian plan shall be included with the master concept plan for this development; submit with the f rstaCZC application on flue site. 13. All buildings in the development shall be subject to the administrative design review standards listed in the UDC and future design guidelines pertaining to architectural character, color & materials, and parking lots. Fn addition to the aforementioned standards, the lots directly adjacer to Waltman Lane shall also comply with design standards pertaining to pedestrian walkways. Architectuual design elements on the Waltman Property -Browning Plaza AZ PP PAGE 14 i ~ CITY OF MERIDIAAT PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 structures shall continue all the way around the structures, similar to the example provided by the applicant at Target included as Fxhibit A.7. 14. All buildings on the site shall be generally consistent with the conceptual office and retail elevations submitted with this application unless the Development Agreement is modified by the developer once actual users are identified. 15. All buildings shall contain architectural elements and landscaping features that break up any long fagade or wall, as determined by the Planning Director, that face the freeway, a main drive aisle, a parking area, or a residential district. These architectural elements shall include at least two changes in materials or colors, and some modulation in the fagade, including but not limited to, windows, columns, cornices, extrusions, or other architectural enhancements. 16. , Anv outdoor uses and/or activity areas (inelndine restaurant sestina) adjacent to residential uses alone the west and northwest boundary adi<aeent shall reaaire conditional nse .Hermit aHHroval (unless the adjacent uses are changed into non-residential uses). resideat~ses: 18. Prolibited uses along the western and northwestern property boundaries are as follows: drinking establishments, drive~hru establishments, fuel sale facilities, feel sales facilities/truck stops, and vehicle washing facilities. 19. EzceHt for a Hotential hotel site at the soathwest corner, all structures proposed on the site over 100,000 square feet that are within 100 feet of a residential district or use shall obtain conditional use permit approval. 20. . (Note from Staff.• Restaurant uses would require CUP approval in this area; staff feels that we can address the outdoor seating area at that time. 21. Standard hours of operation for businesses along the west and northwest property boundaries adjacent to residential uses are limited to the hours between 8 am and ~9 11 pm (unless the adjacent uses are changed into non residential uses) with the exception of a hotel use, which shall be allowed to operate 24 hours. 22. For concept plan #1, all structures along the west and northwest property boundaries adjacent to existing residences shall be limited in height to two stories and shall have a minimum setback of 25•feet adjacent to the existing residences (unless the adjacent uses are changed into non-residential uses), with the exception of the proposed hotel. If a hotel is built at the southwest corner of the site as depicted on the concept plan, a 25-foot setback shall be required for the first story, a 100-foot setback shall be required for the 2~ story, and a 200-foot setback shall be required for anything greater than 2 stories, adjacent to existing residences. Structures along the west and northwest property boundaries directly adjacent to residences shall position second story (and higher, in the case of a hotel) windows in such a manner as not to have views directly into neighboring residential properties. For concept plan #2, appropriate setbacks will be determined at the public hearing for the preliminary plat and conditions will be placed on the plat accordingly; No Development Agreement modification shall be necessary. WalUnaa Property -Browning Playa AZ PP PAGE 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 23. For concept plan #1, no rear loading areas, delivery areas, trash areas, or obtrusive lighting shall be permitted adjacent to existing residences on the west and northwest property boundaries. Further, all trash enclosures shall be constructed of concrete or masonry materials. 24. A minimum of 10 buildings shall be required on this site. 25. Development of this site shall be generally consistent with either one of the two conceptual site plans approved with this application, as determined by the Planning Director, unless the Development Agreement is modified by the developer once actual users are identified. If the applicant proceeds with concept plan #2, a new Pmt P~ application will be required. 26. Prior to issuance of the first occupancy, a 10-foot wide multi-use pathway shall be constructed at the northeast comer of the site as depicted on concept plan #1 and as approved by the Parks Department, on the east side of the Ten Mile Drain in alignment with the existing pathway on the north side of Waltman Lane, in accordance with the standards listed in UDC 11-3B-8 and I 1-3B-12, and the Master Pathways Plan. 27. The vegetation and trees that currently exist along the banks of the Ten Mile Creek shall be protected or enhanced as part of this development. The applicant shall work with the Parks and Recroation Department regarding the removal or replacement of any trees on this site. 28. Construct a 50-foot wide landscape buffer along the interstate. This buffer shall be designed in accordance with UDC ~ 11-3B-7 and be placed along the entire southern boundary of the subject site, prior to the occupancy of the first building in this development. 29. Construct a 20-foot wide landscape strut buffer along Waltman Lane (a collector street) east of the Corporate/Waltman intersection A 10-foot wide buffer shall be constructed along Waltman Lane (a local street) west of the Corporate/Waltman intersection. These buffers shall be designed in accordance with the standards listed in UDC 11-3B-7 and constructed prior to the occupancy of the first building in this development. 30. Construct a 25-foot wide landscape buffer and a 6-foot tall masonry wall between residential uses and properties zoned C-G as depicted in Exhibit A.8. This buffer shall be designed and constructed in accordance with UDC 11-3B-9 and be placed adjacent to any existing residential uses which would include The Landing Subdivision and the two residential parcels located adjace~ to the northwest corner of the subject properly (if these properties are still functioniIIg as residential uses and have not converted to commercial by the time building permits are applied for), prior to occupancy of the adjacent building. 31. If the applicant chooses to develop consistent with concept plan #1, relocate Waltman Lane fiuther to the south, vacate the existing right-of-way, and install a 25-foot wide landscape buffer on the north side of Waltman (off-site) adjacent to the Haddock property, as depicted on concept plan #1 and Exhibit A.9. If the applicant chooses to develop consistent with concept plan #2, appropriate buffers shall be determined at the public hearing for the preliminary plat and the plat shall be conditioned accordingly. 32. If the applicant chooses to develop consistent with concept plan #1, construct two driveways as proposed on concept plan #1, on the south side of Waltman Lane, no wider than 36-feet each. No driveway accesses to Waltman are approved west of the Waltman/Corporate intersection. If the applicant chooses to develop consistent with concept plan #2, appropriate driveway. locations shall be determined at the public hearing for the preliminary plat. Waltman Property -Browning Plaza AZ PP PAGE 16 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6; 2008 33. If the applicant chooses to develop consistent with concept plan #1, construct a maximum of 5 access points to Corporate Drive as shown on the concept plan #1, unless the Development Agreement is modified by the developer once actual users are identified. If the applicant chooses to develop consistent with concept plan #2, appropriate access points shall be determined at the public hearing for the preliminary plat. 34. The applicant shall comply with all landscaping standards descn'bed in the UDC, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. 35. The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and design review approval from the Planning Department prior to all new construction on the subject property Ns~ta-~At t~.s- ~s~- .a.- - - -_-~ "- s ..a .. ,...~ a.... .. ..a r- i^• g1s....sa a.., s...a a..a _.a _~..~,.~s .. .. ,.a ..rat.........s-~. a.c.._-*- - - ---^ a_ ~ ._~ r -- - - 2. PP Application: The proposed preliminary plat depicts 40 buildable lots and 2 common lots on 38.21 acres of land in a proposed C-G zoning district. Please see Exhibit D for detailed analysis of the required facts and findings for the preliminary plat application. Staff is in general support of the proposed plat with the following comments: Dimensional Standards: The applicant must comply with the, dimensional standards for the C-G zoning district listed in UDC Table 11-ZB-3 as outlined in this report. Preliminary Plat: Staff has reviewed the proposed plat and is recommending that the plat be revised as follows: • A 20.foot wide street buffer landscape easement is required along both sides of Corporate Drive, classified as a collector street, per UDC Table 11 2B-3. • A 20-foot wide street buffer landscape easement is required along the south side of Waltman Lane, classified as a collector street, east of the Waltman/Corporate intersection, per UDC Table 11-2B-3. • A 10-foot wide street buffer landscape easement is required along the south side of Waltman Lane, classified as a local street, west of the Waltman/Corporate intersection, per UDC Table 11-2B-3. • A 50-foot wide street buffer landscape easement is required along T-84, per UDC Table 11 2B-3. • The 10.foot wide multi-use pathway located along the east side of the Ten Mile Creek at the northeast corner of the site shall be placed in a public pedestrian easement via a note on the final plat. The applicant should coordinate with the irrigation district and the Parks Department for any additional easement requirements. • A Gros§-access easement shall be recorded, via a recorded document and/or a note on the final plat, for all lots within the subdivision that do not have frontage on a public street. Landscape Plan: The applicant has submitted a landscape plan for this site, prepared by Erickson-Civil, Inc., stamped on 2/8/08 by Ross Erickson. Staff has reviewed the plan for compliance with current UDC standards and offers the following comments/requirements: Waltman Property -Browning Plaza AZ PP PAGE 17 C~ J CITY OF MERIDIAN PLAlVMNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 • A 10-foot wide multi-use pathway shall be constructed at the northeast corner of the site on the east side of the Ten Mile Drain in alignment with the existing pathway on the north side of Waltman Lane, in accordance with the standards listed in UDC 11- 3B-8 and 11-3B-12, and the Master Pathways Plan. When the neighboring properties to the east develop, the pathway can then be extended eastward to intersect with Meridian Road (as shown on the Master Pathways Plan). • The Ten Mile Creek courses along the eastern boundary of this site. The comprehensive plan has identified the Ten Mile Creek as one of the waterways that should be preserved and protected within the city. Staff believes that the vegetation and trees that currently exist along the banks of the Ten Mile Creek should be protected or enhanced as part of this development. These trees and vegetation also act as a natural screen from the ITI) sand lot which is located to the east of the proposed development. • Per UDC Table 11 2B-3, a 50-foot wide landscape street buffer is required along I- 84, as depicted on the landscape plan and plat. This buffer should be designed in accordance with the standards listed in UDC 11-3B-7. • Per UDC Table 11 2B-3, a 20-foot wide landscape street buffer is required along the southern boundary of Waltman Lane (a collector street) east of the Waltman/Corporate intersection. A 20-foot wide buffer shall also be constructed along the north side of Waltman Lane (off-site), Est of the Waltmaa/Corporate intersection, as proposed The portion of Waltman Lane that lies west of the Waltman/Corporate intersection is classified as a loc~1 street. As such, a 10-foot landscape buffer is r~uired along the northern boundary of this site on the south side of Waltman. Lane, per UDC Table 11 28-3. All buffers shall be designed in accordance with the standards listed in UDC 11-3B-7. • The portion of Corporate Drive that extends through the site is classified as a collector street. Per UDC Table 11-2B-3, a 20-foot wide landscape buffer is required along both aides of the street, in compliance with the standards listed in UDC 11-38- 7. • The applicant shall apply for a Floodplain development permit for construction within the floodplain. • Per UDC Table 11-2B-3, a 25-foot wide landscape buffer is required between residential uses and properties zoned C-C3. This buffer should be designed and constructed in accordance with UDC 11-3B-9 and be placed adjacent to any existing residential uses which would include The Laading Subdivision along the west boundary and the two residential parcels located adjacent to the northwest corner of the subject property (if these properties are still functioning as residential uses and have not converted to commercial by the time building permits are applied fair). • The applicant should also comply with any other landscaping standards described in the UDC, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. Cross-Access: Some of the proposed lots do not have frontage on a public street. Cross- access shall be~provided to all lots within the development via a note on the recorded final plat or a separate recorder agreement. Sidewalks: Pea UDC 11-3A-17, minimum 5-foot wide sidewalks are required along Waltman Lane and Corporate DriveJRuddy Drive. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by ayear--round source of water. The applicant should be required to use a~ existing surface or well water for the primary source. If a surface or well source is not Waltman Property - Hmwaing PIa~ AZ PP PAGE 18 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING DATE OF MAY 6, 2008 available, asingle-point connection to the culinary water system shall be required, ff a single- point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. E~dsting Structures: There is one existing shop/barn and some sheds on the site that are proposed to be removed upon development of the property. b. Staff Recommendation: Staff recommends approval of the proposed annexation application (AZ-OCr~063), subject to the Development Agreement provisions listed above. Staff also recommends approval of PP-OS-001 for Browning Plaza Subdivision. ~hg 1Keridian_ City Council heard here items on Ao 22 Mav 6 ne 17 nd 29 i lv 8 and 22 Se~embe* 2 and 2~ 2008 At he h wring on Ce n ber 2008 C'o nd1 gDnroved the snbiect A7, nd PP neon 11. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Conceptual Site Plan#~1(stamped 218/08 by Ross Erickson) 3. Conceptual Sit Plan #2 f ed Mav 27.2008) 4. Preliminary Plat (stamped 2111/08 by Clinton Hansen) 5. Landscape Plan (stamped 2/8/08 by Ross Erickson) 6. Twical Roadway Sections 7. Ezamole of Architectural Detalgn Flementsa [`nntlnni 8. Cross.-Section of Landscape Buffer & h' Tall Masnnn 9. Landscape B ffer on No h ide of W ltman ( •liacent o he Haddoek nronertvl 10. Bw7dina Elevations (conceutnall B. Agency Comments 1. Planning Department 2. Public Works 3. Fire Department 4. Police Department 5. Ada County Highway District 6. Sanitary Service Company C. Legal Description D. Required Findings fiom Unified Development Code Waltman Property -Browning PIa7a AZ PP PAGE 19 CTf Y OF MERIDIAN PLANMNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6~ 2008 A. Drawings 1. Vicinity/Zoning Map ~~ A PAGE ZO CITY OF MERIDIAN PLANNINti DEPARTMENT STAFF REPORT FOR THE HEARINC3 DATE OF MAY 6, 2008 2. Conceptual Site Plan ~ (stamped 2/8/08 by Ross Erickson) ,~ F.xhi'bit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 3. ['oncentna S~ Pl n #2 [dated Mav 27.20081 ^ .~ ~' ;.~. _ ~ ~ ~ ~_ ,. ~ ; ~''; eikii~ ~.ra `'~ • .ate, . ~ •.~., ~ ~ ~ ~'~` . aeHH~Hd F ~ ~ .`p` '``,`~.. ~, r a R r,,~. ~ ~ i °' HIHIHiH11HNIHNRH P. HIHNHIHNIINHHHH '~ HIIIIIH1111HIHNIIIfH Exlu'bit A I ~ ~~r~+r Pi~•~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 4. Preliminary Plat (stamped 2/11/08 by Clinton Hansen) vsuw~marw ~ b .mgr®~ ~~vr~n: ~` wrnarrr. Exhibit A u r: CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 5. Landscape Plan (stamped218/08 by Ross Erickson} ~~ .r ~.._. ~' ~~ 4 .m -- s ~_ O e .~®.~ ~~ ® .~,. ..e. ~ .... ~- „~ ,,, ~aa o ~m a e ~9 II L f 4 ~ ~' .. ~-~- o m ~~ _„ ~, l~9~ I' ~~. ~~ L-.~, . t~~. ®. i .,...,.~.. z~s ~...~~ Exlu'bit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING DATE OF MAY 6, 2008 6. Tvnical Roadway Secdoas 4Pd~l l.~n~ Ty~pGr,Rl ~o~lw~y ~e~11~t1(d~6d1~~ 6A~p0~A1B Rr+,e19 ~1~94bre d c .- ~~ a td 't3 N 0 ~y • e i PP e tl: ~ ~ I ' k iii~~~a .r ~ ~ tra~ncvi ^ ro .+ara+ pn~r f -' va*a~ q..... ,~ s a nu ~°' ~ ~7 ~ 5 6iR4iewYOS10 .®~9~ 9,Ya~4tgr~ F.e+rae T~jp3~gl Roadwe~y Its EuttP¢u~aflhP oral t~ Bpk tbs~r Ir~reao~n Exin'bit A ~®rp~ra~e D~v~ T+~r.~1 R~~dw®~ 3e~n (4Af~4) Rlp~fy YO 016 0~ T~71 LW~ Lird~o CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIIVG DATE OF MAY 6, 2008 7. Example of rc itectnral D ern .Ipme~s on 'n n on aR sides of . trnctures !s mila_r to Taruet on FaQ1e~Chinde*!1 Extu'bit A • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 $. _ s- ecNon of i.and ~~!+a Buffer & 6' T II Maso rv W n Adi<ace~ to ResidenUl 1 Uses along West & Northwest Bonedarv cs+Y rai qmr~- Exhibit A 5~1.~ N T R. • CITY OF MERIDIAN PLANMNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 9. ,I=and4cAne $nffe o Nortk ide of Waltman (adia~~ to the Haddock oronertvl I ~ PA'I~YpAY~ • eeoaEee7 t ~ c-~waatD c I 6®ttiAl~ ev-~D~t ~ ~ 1 ~ ® ~ i °~ itFA Rii~ ~ 0 d I 9 I 6vA4 ~,, 0 ~ G~ ~ („_ ' ~ RQOGA n-o ~ ~A~r a L.. ~ aau~e . K ~S ~Q~ S i ~ b ~8~. 4 191 ® ' ~~/+~ mss.. ~~ ~ 9 1 Exlu'bit A • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 Exhibit A 1 .... -~--~----- i 10. Bmildin~ Elevations (concentaal) CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING DATE OF MAY 6, 2008 P,ARTW. PLAN ~ i i t EAST ELEVATION i ~aoR dr, ~ J nma~ s ~_ _ ~ , PARTIAL PLAN PARTIAL PLAN { ~ i SOUTH ELEVATION MA.lORS5&6 t ~ NORTH ELEVATION 11, IG= WEST ELEVATION ~~~ :~:.~ t ~.+...ms.... :: FLACERViLLE MARKETPLACE I ~ Q;4 ~~f'....._.~ r (~~ `f, ~:,~ ~ ~~~~ ~$ ~~~,~~ Exhibit A :~ i 1 ~ ~ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2QD8 -. { MAIOR 4 __ PARTIAL PLAN ~~~ MAIOR4 ' Cr~IX1&MtI~AL SCff®IP& NORTH EIfVAT10N °`••°` L PARTIAL P1AN ~ r ' SOUTH QEWUIOIV ~ Via...... EAST ELEVATION --- I /'"r.'.p 1 . i ~,oet. MAJOR 4 ~:aE f PWCERVILI.E MARI~TPIACE I G Fti-t ~ ~~ ~~~...® ~~~~ NORTHWE¢f ELEVAIT~V ,~, NlAJ~t 9 PARIUIL PL4N ~" ~ ~T ~ ,:.~. 'l~ NORTHEAST ELEVATION somas i V.,. PARTiAI. PIAN ,-- -------fir..- ~--~ ~.. S~JTFiWEST ELEVATION - -- - ; ~1~ ~~ i SOUIIiFASf ELEVATION i I ~ ~ B{ i f° MAJORS 2 & 3 ~ ~ !` SHOPS 1 ~... °°°°"~`° 't%_;-`~ i r ~ ~ . ~.~ PiACERV11.tE MIARKETPLACE I ,~ tiYf ---~-~~ ~~~~~~ Exfn'bit A C~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2Q08 PARTIAL ~ ELEVAnoN PLAN fl~.f oo>~taorow. ~~ b...e.e ..~ :.."' ..~~ m _. _4' .A, r------- _._._~ .__..._f ~ • + i ~ ~~r EAST ELEVATON SOUTH ELEVATION WEST ELEVATION s Na2THWEST ELEVATION SOUTHWEST ELEVATION I . ~~ ~ SOUTHEAST ELEVATION Exhibit A NORTHWEST ELEVATION -- ----- E: __ .-_ NORTH ELEVATION NOt~TH54ST ELEVATION CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 B. Agency Comments 1. PLANNIIVG DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (prepared on November 7, 2006, by Clinton W. Hansen, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. 1.1.2 Prior to annexation, ordinance approval, the applicant shall enter into a Development Agreement with the City. Said Development Agreement shall be signed within 6 months of the City Council's approval of this application. See section 10, Development Agreement, above for analysis and comments regarding the Planning Department recommended Development Agreement provisions. l .2 PRELIlVIINARY PLAT -CONDITIONS OF APPROVAL 1.2.1 The preliminary plat (stamped 2/11/08 by Clinton Hansen) shall be revised as follows: a. A 20-foot wide street buffer landscape easement is required along both sides of Corporate Drive, classified as a collector street, per UDC Table 11-2B-3. b. A 20-foot wide street buffer landscape easement is required along the south side of Waltman Lane, classified as a collector street, east of the Waltman/Corporate intersection, per UDC Table 11 2B-3. c. A 10-foot wide street buffer landscape easement is required along the south side of Waltman Lane, classified as a local street, west of the Waltman/Corporate intersection, per UDC Table 11-2B-3. d. A 50-foot wide street buffer landscape easement is requires along I-&4, per UDC Table 11- 2B-3. e. The 10-foot wide multi-use pathway located along the east side of the Ten Mile Creek at the northeast corner of the site shall be placed in a public pedestrian easement via a note on the final plat. The applicant should coordinate with the irrigation district and the Parks Department for any additional easement requirements. f. Across-access easement shall be recorded, via a recorded document and/or a note on the final plat, for all lots within the subdivision that do not have frontage on a public stmt. 1.2.2 The landscape plan (stamped 2/8/08 by Ross Erickson) shall be revised as follows: a. A 10-foot wide multi-use pathway shall be constructed at the northeast cornea of the site on the east side of the Ten Mile Drain in alignment with the existing pathway on the north side of Waltman Lane, in accordance with the standards listed in UDC 11-3B-8 and 11-3B-12, and the Master Pathways Plan. When the neighboring properties to the east develop, the pathway can then be extended eastward to intersect with Meridian Road (as shown on the Master Pathways Plan). b. The Ten Mile Creek courses along the eastern boundary of this site. The comprehensive plan has identified the Ten Mile Creek as one of the waterways that should be preserved and protected within the city. Staff believes that the vegetation and trees that currently exist along ' the banks of the Ten Mile Creek should be protected or enhanced as part of this development. These trees and vegetation also act as a natural screen from the ITD sand lot which is located to the east of the proposed development. c. Per UDC Table 11-2B-3, a 50-foot wide landscape street buffer is required along I 84, as Exhibit C CITY OF MERIDIAN PLANMNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 depicted on the landscape plan and plat. This buffer should be designed in accordance with the standards listed in UDC 11-3B-7. d. Per UDC Table 11-2B-3, a 20-foot wide landscape street buffer is required along the southern boundary of Waltman Lane (a collector street) east of the Waltmarr/Corporate intersection. A ZO-foot wide buffer shall also be constructed along the north side of Waltman Lane (off-site), east of the Waitman/Corporate intersection, as proposed. The portion of Waltman Lane that lies west of the Waltman/Corporate intersection is classified as a local street. As such, a 10- foot landscape buffer is r~uired along the northern boundary of this site on the south side of Waltman bane, per UDC Table 11-2B-3. All buffers shall be designed in accordance with the standards listed in UDC 11-3B-7. e. The portion of Corporate Drive that extends through the site is classified as a collector street. Per UDC Table 11-2B-3, a 20-foot wide landscape buffer is required along both sides of the street, in compliance with the standards listed in UDC 11-3B-7. f. Per UDC Table 11 2B-3, a 25-foot wide landscape buffer is required between residential uses and properties zoned C-G. This buffer should be designed and constructed in accordance with UDC 11-3B-9 and be placed adjacent to any existing residential uses which would include The Landing Subdivision along the west boundary and the two residential parcels located adjacent to the northwest, comer of the subject property (if these .properties are still functioning as residential uses and have not converted to commercial by the time building permits are applied for). g. The applicant `should also comply with any other landscaping standards described in the UDC, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. 1.2.3 Construct minimum 5-foot wide sidewalks on the site along Waltman Lane, Ruddy Drive and Corporate Drive, in accordance with UDC 11-3A-17. 1.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. if a surface or well source is not available, asingle-point cobncetion to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A 15 and MCC 9-1-28. 1.2.5 Existing structures on the site shall be removed prior to signature on the final plat by the City Engineer. 1Z.6 A ma8fimum of 5 access points to Corporate Drive. a coIIector road. shall be aIIowed. as depicted on concept elan #1. 2 Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in W Waltman Ln. The applicant shall install mains to and through this subdivision. The applirstnt shall be responsible to install sewer service to 815, 755 and 737 W Waltman Ln in the North West portion of this project. The applicant shall coordinate main size and routing with the Public Works Department and execute standard forms of easements for any mains that are requred to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub- grade is less than tliree feet than alternate materials shall be used in conformance of City of Exhfbit C' CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPOT FOR THE HEARING DATE OF MAY 6, 2008 Meridian Public works Departments standard specifications. 2.2 Water service to this site is being proposed via extension of mains in W Waltman Ln and W Ruddy Dr. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works); a legal description, which must include the area of the easement (mazked EXHIDIT A) and an 81 /2" x 11" map with bearings and distances (marked EXIiIBIT B) for review. Both exln'bits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.4 The City of Meridian requires that pressurized 'irrigation systems be supplied by a yeaz round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-poiirt connection is utilized, the developer will be respa~nsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.5 All existing structures that aze required to be removed shall be prior to signature oa the Seal plat by the City Engineer. 2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11 3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval ornon-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinauce Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to $e in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A Letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.11 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certific•,ates of occupancy. Exhibit C • CITY OF MERIDIAN PLAIVMNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.14 Developer shall coordinate mailbox locations with the Meridian Post Office. Z.15 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.17 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation ofthe buildings footings are at least 1-foot above. 2.18 The applicants design engineer shall certify that all seepage beds out of the public right- of-way are installed in accordance with the approved design plans. This certification must be received by the City of Meridian Public Works Department prior to the project receiving final approval. Commercial Projects 2.19 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certificsition of occupancy for any structures within the Pmj~ 2.20 One hundred watt, }sigh pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 41h" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved tum around. Phasing of the project may require a temporary approved tum around on streets greater than 150' in length with no outlet. 3.4 All common driveways shall be straight or have a fuming radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. Exhibit C C~ `~ CITY OF MERIDIAN PLANNWG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear giving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.8 Commercial and office occupancies will require afire-flow consistent with the Intemational Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.9 The various office%ommercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.10 The fire departament requests that any future signgli~tion installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical servirre vehicles. This cost of this installation is to be borne by the developer. 3.11 Maintain a separation of 5' from the building to the dumpster enclosure. 3.12 The Fire Dept. has concerns about the addressing of this development being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500 t0 address th1S COIICern prior t0 the pUb11G hearing. 3.13 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.14 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.15 Provide exterior eggs lighting as required by the International Building & Fire Codes. 3.16 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R 3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requireme~ shall be 600 feet (183 m). 3.17 There shall be a fire hydrant within 100' of all fire departnnerrt connections. F~clv'bit c CITY OF MERIDIAN PLANNWG DEPARTMENT STAFF REPORT FOR THE FIEARING DATE OF MAY 6, 2008 3.18 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D 105. 3.19 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.20 Buildings ar facilities excceding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 3.21 Buildings air facilities having a gross building area of more than 62,000 square feet {5760 m2) shall be provided with two separate acid approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measuued in a straight line between acce4ses. lException: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Regained) 3.22 The Fire Department supports the Corporate Drive extension across the Ten Mile Creek north of the site prior to construction on the subject property. 3.23 The fire Department supports the upgrade at the Waltman/Meridian i~ersection prior to construction on the site. 4. POLICE DEPARTMENT 4.1 The applicant shall submit a revised landscape plan that uses walkways and landscaping to direct visitors to the main entrance and away from private areas. 4.2 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. The applicant should include features that incmase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site planand/or landscaping plan shall be revised accordingly.. 4.4 The .proposed development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 4.S The loading arms shall be separated from all public parking areas. 4.6 The Police Department is concerned with the traffic generated on Waltman. Without a more concise site plan and traffic plan, the Police Department can not recommend approval. 4.7 The Police Department supports the upgrade of the Waltman/Meridian intersection prior to construction on the site. 4.8 The Police Department supports the Corporate Drive extension across the Ten Mile Creek north of the site prior to construction on the subject property. 5. ADA COUNTY HIGHWAY DISTRICT 5.1 Site Specific Conditions of Approval 5.1.1 Dedicate a minimum of 35-feet of right-of-way from center along Waltman Lane. Additional right-of--way will be required along the portion to be realigned to the south. Dedicate sufficient right-of-way to accommodate all regtured improvements and 2-foot utility strips on both sides. 5.1.2 From the proposed intersection of Corporate Drive to Ten Mile Creek, reconstruct and stripe Waltman Lane as a 31ane collector street section with three 11-foot lanes and a 6-foot bye lane (including gutter), vertical curb, gutter, and 7-foot attached concrete sidewalk on the south side. Exhibit C • i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2Q08 Construct a shoulder at least 3-feet in width and an adequately sized drainage swale along the north side. 5.1.3 Replace the existing bridge (Bridge 288A) that spans Waltman Lane over Ten Mile Creek with a bridge to accommodate two travel lanes, center left turn lane, one bike lane and attached concrete sidewalk on the south side (approximately 50-feet wide, the final width of the bridge to be determined by ACHD through design review of the structure). Design and construct the bridge in a manner to allow for widening to the north in the firtrire. 5.1.4 Provide a development phasing plan and restrict development to prevent exceeding a site trip generation of 8,000 ADT from the site prior to the extension of Corporate Drive. 5.1.5 From the proposed intersection of Corporate Drive to the site's northwest comer, reconstruct Waltman Lane as a~29-foot street section with vertical curb, and gutter on both sides and 5-foot attached concrete sidewalk on the south side. 5.1.6 Construct Corporate Drive as a 40.foot street section (back of~urb to back-of-curb) with, vertical curb, gutter, and 5-foot attached concrete sidewalk on both sides. Comrect Corporate Drive with Ruddy Drive to the west and Waltman Drive to the north, approximately 700-feet west of the site's east property line: Construct a raised median and divided 21-foot lanes where Corporate Drive cormects with Ruddy Drive. 5.1.7 Enter into a license agreement with Ada County Highway District for maintenance of any landscaping contained within the raised median on Corporate Drive. 5.1.8 Construct threecurb-cut driveways as proposed on the north side of Waltman Lane, no wider than 20-feet each, to provide access to 480, 520, and 650 Waltman Lane. 5.1.9 Construct two curb-return driveways as proposed on the south side of Waltman Lane, no wider than 36-feet each. 5.1.10 Construct five curb-return driveways as proposed on Corporate Drive, no wider than 36-feet each. 5.1.11 Comply with all Standard Conditions of Approval. 5.2 Standard Condilbtons of Approval 5.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 5.2.2 Private sewer or water systems are prohibited from being located within any ACFID roadway or right-of-way. 5.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 5.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with ;file number) for details. 5.2.5 Comply with the District's Tree Planter Width Interim Policy. 5.2.6 Utility strcet cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. Exhibit C CJ GITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY b, 2008 5.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 5.2.9 Construction, use apd property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 5.2.10 Payment of applicable road impact fees is required prior to building construction. The messed impact fee will be based on the impact fee ordinance that is in effect at that time. 5.2.11 It is the responsibility of the applicant to verify all existing utilities withintheright-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 5.2.12 No change in the tenors and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applic~.nt's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 5.2.13 Any charge by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 6. SANITARY SERVICE COMPANY 6.1 SSC has no comments related to this application. Ezinbit C • A CITY OF MERIDIAN PLANNING} DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 C. Legal Description Leg t D~'ption Waftrr~n PropertyAnrtexatiort A parser for anrexaHorl prr{pos~ tocat~ in the NW'/• of ttre SE'/. of Sedton 13, Township 3 North, Range 1 West, !fie tYleridian, Ada Gourrty, Idaho, end more partfcutariy desralbed as foQows: 8EI3tNNINt1 at a~5t8 6rch diameter irmt pin mew the noRheast comer of said NW '/. of the SE Y+. from wl~lr a brass mP manumerrt maw the rrortlmast comer of the SE'/. of said Section 13 bears S 88°2545' E a dE~ra:e of 1321.27 feet Thence 5 0°48'07' W along the easterly baumiary of sold NW Y. of the SE % a distance of 132;1.25 feet ba a point on the northerly rhjht-of~r of trderstate 84; Thence N 88°30'44° W along ead norttreriy rrgirt~ray a diatarrce of 1315.45 teat to a 5J8 loch diameter trop pin on the weatetiy boundary of said NW'1. of tire" SE Y+; Thence N 0°30'35' E abng seH wealedy bour~ary s di~ruae of 1082.73 feet to a 5J8 inch diameter Iron pin; Thence leaving said westerly bauulary S 89°18'28' E a distar~e of 249.E ~ to s 5J8 inch dfamefer its phi Thence N 0°33'15° E a d~tance of 24288 feet to a point on the nortireriy baurrdary of sold NW Y. of the SE %s', Theme S 88°26'35 E along said rrartherty boundary a distance of 1071.42 feet to the PAINT OF BEGINNW(3. This parcel corrtalns 3t3.B8 sixes and is subject to arty a ar in use. G;Iirrtan W. Flansan, PLS Land Solutiorw, PG November 7, 20th 1T~/8 X1/07 ob yr: ~~~ ppYA~. t)iy W. ~v FOR E pEPT~ ' -~Pt~ '77.m'yd'l~t..tSS Li ~+..irsr~e Wathrwn Areielmtiotl Job No. 0694 Exhibit C n CI1`Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 WALTMAN PROPERTY ANNEXATION LOCATED IN THE NW 1/4 OF THE SE 1/4 OF SECTION 13, 1/4 0 ~ FRAAfK~W ~ T3N, R 1 W, BM, ADA COUNTY, 13 IDAHO ~~, ~rti W a ~ v.~(~%~rc HEFT: C 1/42 1J21.4?' S 8916:35° E W. WAU~/AN W '. ~ ~ 1J ~ 1B 2~OD' X071.42' cE f/1s 1.3a1.zr ,yr p 7/4 .~; 24268' N 033'15° £ POINT t?f BEdNNlNG 249.82' S 8978'29° E W ANNEXAflt7N AREA ~ ,~' ~ 36ti68 AL77£S a v e~ h 2 ~ .LEGEND ~ ® .. wun-n sprplni 0 ~ sltnss a+r o CALCULATED FOIM 13145' RDW KQNUi1fNT N 883D'44' W ip BS24' ~ ~ /N7ERSTA7E h84 ~ s 8930'4*' E $~ ~ 24 S ~'47Y8' E 1...r1fr1~L~ L1'~1 CJ'~'1~ 0 150 300 b00 ~~ LaM Surveying and Consulting zn a miuaew r®w6o assn t~ a, EXIu'bit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 20Q6 D. Required Fiindiings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a fall iinvestigation and shall, at the public hearing, review the application. In order to grate an annezal3on and/or rezone, the Council shall make the following findiings: a. The map amendme~ complies with the applicable provisions of the comprehensive P~ni The applicant is proposing to zone all of the subject property to C-G. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report far more information. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; No development is proposed concurrent with the zoning map amendment. The City Council finds that there are several uses that ace allowed and conditionally allowed within the requested zoning district of C-G. If the applicant complies with the conditions outlined in the development agreement, the City Council finds that the proposed commercial district will be in compliance with the specific district regulations. The City Council finds that future development of this property should comply with the established regulations and purpose statement of the C-G zone. G The map amendment shaII not be materially detrimental to the public health, safety, and welfare; If the applicant enters into a Development Agreement and complies with the provisions, the City Council finds that the proposal zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding, d. The map amendme~ shaII not result iin an adverse impact upon the delivery of services by any polibtcal subdivision providing public serntces within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-SB-3.E) The C-G zoning amendment will provide commercial area that is similar in nature to existing and proposed commercial development in the vicinity. The City Council fords that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, the City Coundl finds that Annexation and Zoniag of this property to C-G world be in the best interest of the City, if the applicant enters into a Development Agreement (DA) with the City, as mentioned in Section 10 of the Staff Report. Exhibit D r. • ~~ CITY OF MERIDIAAi PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 2. Preliminary Plat Findings; In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decisiommaIainghody shaII make the foIIowing findings; a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services r,~n be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) G The plat is in conformance with scheduled public improveme~s in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACI-ID, etc.) to determine flue finding. (See Exhibit B, Agency Comments anc~.Conditions, for more detail.) e. The developme~ will not be detrime~al to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACfID considers road safety issues in their analysis. Staff r~ommends that the Conunission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environme~al problems of which staff is unaware. f. The development preserves significant natural, scenic or historic features. Except-for the Ten Mile Creek which will be preserved, the City Council is unaware of any natural, scenic, or historic features on this site. Therefore, the City Council Ends that the proposed development will not result in the destruction, loss or damage of any nahual, scenic or historic feature(s) of major importance. Staff recommends thrat the Commission and Council reference any public testimonry that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D November 21, 2008 MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT ITEM NO. S-L REQUEST Agreement with ACHD for Roadway Construction /Sewer and Water Line Improvements for ACHD Project No. 305048 Ustick / Linder Intersection AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached CC. ll-Z5~ ~ ~ {ern ~-~- AGREEMENTFOR: ROADWAY CONSTRUCTION /' & WATER LINE ADJUSTMENTS USTICK ROAD & CINDER ROAD INTERSECTION ACRD PROJECT N0.305048 V '~ THIS AGREEMENT made and entered into this ]~~day of e~~2008, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners hereinafter called DISTRICT, as first party, and the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho. WITNESSETH WHEREAS,~th~DISTRICT amd MERIDIAN desire to unde~ke a joint e~For~to share the tasks and costs of reconstructing the Ustick Road and Linder Road intersection including a traffic signal system, bridge widening, curbs, gutters, sidewalks, and water -and sanitary sewer installations, adjustments, relocations, and abandonments as detailed in Project Number 305048, hereinafter referred to as the CONTRACT. WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging for installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities as part of the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the water and sanitary sewer facilities within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the water line or the sanitary sewer pipeline design and installation. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities references herein; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities referenced herein; Page 1 of 5 ~ ~ c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award; d. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates .are approved by DISTRICT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor; f. Provide for the reference and replacement of all pre-existing survey monuments within the work area; g. Provide the trench compaction testing for the sanitary sewer and water line acilities rom- 9=foot-aboverthe pipe zone to sub~rade-of-the-roadway-section;- trench compaction testing shall be provided at the minimum frequency rate of one (1) test per fare hundred (500) lineal feet per foot of trench depth; provide all re-testing required in any area that does not meet CONTRACT requirements; and h. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to MERIDIAN staking sanitary sewer, water lines, manhole locations, and service lines. 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection, field survey and grade control required for the installations, adjustrnents, relocations, and abandonments of the water and sanitary sewer facilities under the CONTRACT and provide copies of appropriate tests and diaries to the District Project Representative; b. Provide DISTRICT with the construction plans, special provisions, and unit bid quantities for the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities to be included in the bid documents for the CONTRACT (all work required for the sanitary sewer and water facilities to be performed in conformance with the 2005 Edition of the Idaho Standards for PubNc Works Construction (ISPWC) and the City of Meridian ~ Standard Specifications and Drawings); c. Remit to DISTRICT, within thirty fNe (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; Page 2 of 5 d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; e. Reimburse the DISTRICT, up to a maximum of five (5) percent of MERIDIAN'S construction costs for all additional costs incurred by the DISTRICT, including overhead and benefits, project administration, compaction testing, and soils work required solely for the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities; mobilization, traffic control, flagging, detours, and weekly meetings shall be reimbursed on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the MERIDIAN 'S project costs as they relate to the total project construction costs; f. Be liable for the cost of repairing any trench failures attributable to failure of sanitary sewer and water-lines--within the boundaries-identified-in the Contract,- and be liable for and indemnify the District for any and all costs and damages resulting from any such trench failure; and g. Reimburse District for any additional costs to District attributable to the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities or to the removal of any or all items from the Con#ract that are associated with the installation of sanitary sewer and water pipelines. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the sanitary sewer and water portion of the project to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; b. MERIDIAN'S approval will be required for any change order work involving the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; Page 3 of 5 e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. Should either party to this Agreement against the other to enforce the terms prevailing party shall be entitled to incuned in said action; be required to commence legal action and conditions of this Agreement, the reasonable attorney's fees and costs h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the Sta#e of Idaho, County of Ada; and i. This Agreement-shall be-binding upon-and inure-to the-benefit-of-the-personal- representatives, heirs and assigns of the respective parties hereto. IN WITNESS HEREOF, the panes hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT ~ l a ~,~ ~, s y. ~ y. Susan Slaughter William J. Sch dzer Executive Assist""""""''~~,,~ Director ATTEST: `~~~• pq~r ~fi~'''% CITY OF MERIDIAN s 8EAL _ ~ - 9 By--7~-'~~ G~ ~l ~ ~o By: ~ '~lu l Jaycee o t'F~ r ts~ ' P ~~~' ~9 ~~~' ~ ~~~` L' Tammy de Wee City Clerk OU~-Y • ~~,,, ~~`` Mayor 1 N 41 11 Page 4 of 5 STATE OF IDAHO ) ss. COUNTY OF ADA ) • On this I c1+~ day of ~~ , 2008, before me, a notary public in and for said state, personally appeared WILLIAM J. SCHWEITZER known to me to be the DIRECTOR of the ADA COUNTY HIGHWAY DISTRICT and the person who subscribed said name to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. = * • ~.~ z s ~~ ~, pUBLlG r •.~~.y .8,••...•••9 ~$ ~.s STATE OF IDAHO ) ss. COUNTY OF ADA ) __- _ _ S-l ~.K, c.-~ Notary Public for~ahQ Residing at e,,a.~. ,Idaho My commission expires: y - ~- 2 a~'~ On this 25~ day of ISO r~lr~rl~a~ 2008, before me, the undersigned, personalty appeared TAMMY DEWEERD and JAYCEE HOLMAN, Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~,•,•p•,•• • • •'•••++ ~~%'~TA~ '~,rf~~i i ti%,~ ,~" ~~ • • ~ ~ ~ • i i M • ~ ~ • ~ ~ + • • `~ ~ s ~ • ~, : p • •.~9 ~.°UBL..- P•~;•' Notary Public r Id ho Residing at ,Idaho My commission expires: ~~~ ~.t.l Pag®5 of 5 ~~~~r ~~~~~ ~ a ~' ~~ -h~.vJ QJ;l~~.~ ~'P.rf~~f l~I Memo Ta~ Jaycee Holman; Tara Green Front Keith Watts, Purchasing Agent CC: Brent Blake, Clint Doisby, Thomas Bany, Scott Steclcline, Kyle Radek Dates 11/19/2008 Rey Proposed Agenda item for November 25, 2008 City Council Meeting The Public Works Department respectfully requests the followring item be placed on the November 25, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Agreement with ACHD for roadway construction /sewer and water line improvements for ACHD Proiect no. 305048, UstickJLinder Intersection. The agreement addresses the division of responsibility for design, bid solicitation, contract administration; construction inspection, and payment for water and sewer improvements associated with this project. Recommended Council Action: The Public Works Department recommends that City Council approve the Agreeement for Roadway Construction / Sewer 8~ Water Line Improvements for ACHD Project no. 305048, Ustick/Linder Intersection and authorize the Mayor to sign it. Thank you far your consideration. Please contact me if you have any questions. • Page 1 AGREEMENT FOR: ROADWAY CONSTRUCTION /SEWER & WATER LINE ADJUSTMENTS USTICK ROAD ~ CINDER ROAD INTERSECTION ACRD PROJECT N0.305048 THIS AGREEMENT made and entered into this day of , 2008, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners hereinafter called DISTRICT, as first party, and the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho. WITNESSETH WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share the tasks and costs of reconstructing the Ustick Road and Linder Road intersection including a traffic signal, curbs, gutters and a bridge widening and sanitary sewer installations, adjustments, relocations, and abandonments as detailed in Project Number 305048, hereinafter referred to as the CONTRACT. WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging for installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities as part of the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the installation of the water lines and the sanitary sewer pipelines within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the water line or the sanitary sewer pipeline design and installation. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities referenced herein; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities referenced herein; Pag®1 of 5 c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award; d. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by DISTRICT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor; Provide for the reference and replacement of all pre-existing survey monuments within the work area; g. Provide the trench compaction testing for the sanitary sewer and water line facilities from 1-foot above the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per five hundred (500) lineal feet per foot of trench depth; provide all re-testing required in any area that does not meet CONTRACT requirements; and h. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to MERIDIAN staking sanitary sewer, water lines, manhole locations, and service lines. 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection, field survey and grade control required for the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities under the CONTRACT and provide copies of appropriate tests and diaries to the District Project Representative; b. .Provide DISTRICT with the construction plans, special provisions, and unit bid quantities for the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities to be included in the bid documents for the CONTRACT (all work required for the sanitary sewer and water facilities to be performed in conformance with the 2005 Edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian Standard Specifications and Drawings); c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; Page Z of 5 • d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; e. Reimburse the DISTRICT, up to a maximum of five (5) percent of MERIDIAN'S construction costs for all additional costs incurred by the DISTRICT, including overhead and benefits, project administration, compaction testing, and soils work required solely for the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities; mobilization, traffic control, flagging, detours, and weekly meetings shall be reimbursed on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the MERIDIAN `S project costs as they relate to the total project construction costs; f. Be liable for the cost of repairing any trench failures attributable to failure of sanitary sewer and water lines within the boundaries identified in the Contract, and be liable for and indemnify the District for any and all costs and damages resulting from any such trench failure; and g. Reimburse District for any additiona[ costs to District attributable to the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities or to the removal of any or all items from the Contract that are associated with the installation of sanitary sewer and water pipelines. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the sanitary sewer and water portion of the project to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements, and paid for pursuant to the unit, and/or lump surn prices established in the Contract; b. MERIDIAN'S approval will be required for any change order work involving the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; Page 3 of 5 ~ i e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; f. Ail signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. Should either party to this Agreement against the other to enforce the terms prevailing party shall be entitled to incurred in said action; be required to commence legal action and conditions of this Agreement, the reasonable attorney's fees and costs h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT By: gy. Susan Slaughter William J. Schweitzer Executive Assistant Director ATTEST: CITY OF MERIDIAN By: By: Jaycee Holman Tammy de Weerd City Clerk Mayor Page 4 of 5 STATE OF IDAHO ) ss. COUNTY OF ADA ) On this day of , 2008, before me, a notary public in and for said state, personally appeared WILLIAM J. SCHWEITZER known to me to be the DIRECTOR of the ADA COUNTY HIGHWAY DISTRICT and the person who subscribed said name to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at ,Idaho My commission expires: STATE OF IDAHO ) ss. COUNTY OF ADA ) On this day of 2008, before me, the undersigned, personally appeared TAMMY DEWEERD and JAYCEE HOLMAN, Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affaed my official seal the day and year first above written. Notary Public for Idaho Residing at ,Idaho My commission expires: Page 3 of 5 C~ November 21, 2008 MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT ITEM NO. S-M REQUEST Task Order No. 0782 Ground Water & Wells Data Compilation with Hydro Logic, Inc. for $29,685.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubUc meetings shall become properly of the City of Meridian. 1 ~8-2s-c~ Fern 5 - rv> TASK ORDER N0.0782 CITY OF MERIDIAN (OWNER) AND HYDRO LOGIC, INC. (HYDROGEOLOGISTI This Task Order is issued by Owner and accepted by the Hydrogeologist pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated January ~, 2007. CITY OF MERIDIAN GROUND WATER AND WELLS DATA COMPILATION. PURPOSE The Hydrogeologist's scope of services, time of aomptetion and compensation shall be as set forth herein. Services shall generaNy be described as Hydrogeological Consulting Services per the Consultant's proposal dated October 10, 2008. TASK 1.1-UPDATE AND DIGITIZE THE CITY'S WELL DATA BASE Per the City's request, Hydrogeologist will compile, synthesize, develop, and present the geological, geophysical, hydrogeological, geochemicai, and as-built details of well construction for the City's network of exploratory test and municipal water supply wells in a bound hard copy document and digital electronic version (CD) for use as a lord-term reference and for future ground water studies. The Owner will provide access to data. Hydre~eologist will develop °composit® diagrams" far 10 newer wells including: supply wells #20-13, #25, #26, #27, #28 & Bitter Creek and tes# wells # 25, #26, #27, & #28 for which such diagrams have not been developed. Hydrogeologist will redo composite diagrams for supply wells #7, #8, #18, #19, and #19 test well. Composite diagrams for supply wells #10 and #11, along with #est wells #14, and #23 will be touched up and updated to match the overall compilation. The City's ground water monitoring data shall be plotted and incorporated into the document and all important digital photographs and other rehevant data will be organized into a tabbed and divided reference volume for the City's system of wells. This update, of the original document bound in January of 2003, will also provide the fundamental data base far hydrogeologic framework studies planned by the City. The update will convert all of the existing City's well infomnation into digital format from the original hard- copy documents that not exist. Hydrageologist will work closely with the City's Public Works Department. TIME OF COMPLETION It is anticipated that five bound hard copies, each with its own compact disk of the compiled volume, shall be provided to the City by April 30~', 2009. COMPENSATION o~ 82 The Nat-To-Exceed amount for this Task Order No.' is twenty-nine thousand six-hundred eight-fnre dollars ($29,685.00) as tabulated on the attached ca4t estimate spreadsheet. The hourly rate for services and direct expenses is attached (Prevailing Fee Schedule Effective January 1, 2008) and by this reference made a part hereof. clnr of MERMAN TAMMY de ERD, MAYOR Attest: ~~~,~tt,ttttttt~~<<,,,, ~ ., r -. -. ~L K ~ ' ~ ~. '9d 7' t8'~ • ..~ ''~~~~~~~.~rvrrUiYrrN~irtt~,tttt~~~~~`` Approved by City Council: l ~'2~'~$ Approv d as t on ent BY eit a s, Purchasing Agent HYDROGEOLOGIST C.. ED SQUIRE HYDR LOGIC, INC. i i ~ ~, ~~ ~ ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o d q 0 ~ (~ ~~ ~. o ~ q .~ y .~ +b ~v ~ ~ ~ °~ ~ o ~ y ~ bR vv ~ ~ O Q ~ ~ ~ ~ W asi 0. ~ ~ ~ ~ ~ fI4 ~ y O ~ WWW a ~ ~ ~ w ~ ~ Vi N pp fH pp fH pp V! pp 6A pp iH Q t/7 A ~ ~ p 4'1 ~ y~~ /~ .~ ~ A ~ d Ci > y 07 ~ o 0 0 0 o p ~ C a~ ei p q ~ OS F rr71 _o ~Vyf ' ~ ~ W ~ ~ abwz~ '" r ~ y r f U ~ Q ~ ~ ~ ~ ~ ~ N s8~~g ~ o o o ~ N ~ o ~ ~~ ~ ~ o x~ z ~~c3 ~ ~''~a~ ~~~ ~ ~ ~ N ~ ~ d ~ x ~ o. x q _ i ~ x x "~ .. .5 °' a y ~ ~ E A ~ ~ °~ w ~ 3 ~ ~ a ~ q3a ~ G7 V ~ 3 3 ~ ~ .~ ~ ~ ~ ~ N e~1 a ii ~a~{ ~ ~~ _ ~ w ~~ ~' .~ ~. Memo r~, ~; dJ~, .lr vZ ;.~` .~Iv'~ v 9~ r< < ~5~~ To: Jaycee Holman; Tara Green From; Keith Watts, Purchasing Agent CC: Kyle Radek Dates 11/19/2008 Re: Proposed Agenda Item far November 25, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the November 25, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Task Order 0782 Ground water and Wells Data Compilation with Hvdro Logic lnc. Recommended Council Action: Approval of Task Order 0782 for the Not To- Exceed amount of $29,685.00 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. Please contact me if you have any questions. • Page 1 TASK ORDER N0.0782 CITY OF MERIDIAN (OWNER) AND HYDRO LOGIC, INC. (HYDROGEOLQGI3'17 This Task Order is issued by Owner and accepted by the Hydrogeologist pursuant to the mutual promises, covenants and c~nditiions contained in the Agreement between the above named parties dated January ~, 2007. CITY OF MERIDIAN GROUND WATER AND WELLS DATA COMPILATION PURPOSE The HydrogeologisYs scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Hydrogeological Consulting Services per the Consultant's propose! dated October 10, 2008. TASK 1.1-UPDATE AND DIGITIZE THE CITY'S WELL DATA BASE Per the City's request, Hydrogeologist will compile, synthesize, develop, and present the geological, geophysical, hydrogeological, geochemical, and as-built details of well construction for the City's network of exploratory test aru! munirJpal water supply wells in a bound hard copy document and digital el~ronic version (CD) far use as a long-term reference and for future ground water studies. The Owner will provide access to da#a. Hydrogeologist will develop °cx~mposite diagrams° for 10 newer wells including: supply wells #20-8, #25, #26, #27, #28 8 Bitter Creek and test wells # 25, #Z6, #27, 8#28 for which such diagrams have not been developed. Hydrogeologist w71 redo composite diagrams for supply wells #7, #8, #18, #19, and #18 test well. Composite diagn~ms for supply wells #10 and #11, along with test webs #94, and #23 will be touched up and updated to match the overall compilation. The City's ground water monitoring data shall be plotted and incorporated into the document and all important digital photographs and other relevant data will be organized irrto a tabbed and divided reference volume for the City's system of wells. This update, of the original document bound in January of 2003, will also provide the fundamental data base for hydrogeologic framework studies planned by the City. The update will convert all of the existing City's well information into digital format ftom the original hard- copy documents that not exist. Hydrogeologist will work closely with the City's Public Works Compartment. TIME OF COMPLETION U tt is anticipated that fNe bound hard c•.apies, each with its own compact disk of the compiled volume, shall be provided to the City by April 30'", 2009. COMPENSATION 07 82 The Not-To-Excroecl amount for this Task Order No. is twenty-nine thousand six-hundred eight five dollars ($29,685.00) as tabulated on the attached crost estimate spreadsheet. The hourly rate for services and direct expenses is attached (Prevailing Fee Schedule Effectivve January 1, 2008) and by this n3ference made a part hen~f. CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR HYDROGEOLOGIST i ED SQUIRE HYDR LOGIC, INC. Attest JAYCEE HOLMAN., CITY CLERK Approved by City Council: Approv as t n ent BY eit a s, Purc asing Agent • • ~ .. ~ ~ S .. ~ ~ y E"" ~ ~ ~ ~ ~•y Vi ~ ~3 ~ cd U a ,~ w ~ O a ~ ~ w ~ ~ ~ ~ A ~ u~ H ~ ~ "3 b0 .'.~" e 0 0 0 0 0 p F ~ ,,o °.3 ~ o p q ~ ~ Y3 L~ ~ ~ ~ ~ O_ ~'!. °~° ~ g ~ ~ tee{' ~n ~ 'Cy~s ~ ~ ~ 4 9 iR d$ ~? S b '~ Z U ~ ~ ~ ~ .~ p 3' .Q ~ qw~ ~.i .~ "~ .Q ° ~ ~ Q~@p ~qg r/1 'i7 o O o ao N N o a d ~ ~ ~ o 6 ~c x ~~~~z ~~ x''~3q ~~ ~ ~ :° N ~- ~ ~ xT ~ ~ ~ ~ ~ ~ ~ bD ~ 6e. ~ p N b ~ ~ x x ~ ao a as ~~,~ E . ~ ~' d w ~ o o ~ x ~ 8 ~ ~ ~ w ~ ~ ~ U ,~ 3 3 ~ ~ '° a ~' ~ ~ h d y v Z Q ~~~ W ~ ~ ~ ~ S ~ ~ LL e D~~~~LL _~ d U ~t ~ zQ~ x F~-y D Q ~ O O O rsl = ws C~7 ~~ ui w V ~ W N , 0 • a a O O to ~ - to ~ ` ' W ~ `' Q J } } X Q uaf o 0 rn . ~ ~ ~ g h J U O r m ~` LL', a ~~ ~~ LLa ~ .. ~~ a ~° ~' o ~ o_ . ~ ~~w a Z ~ .Q F Q - U O' ~ O ~ a W v Ua s'7 Z 0 W ~ ` ~ oa ~ . a ~i~ J ~ d ~ Z November 21, 2008 MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT ITEM NO. S-N REQUEST Change Order No. 1 with JUB Engineers, Inc. for Ten Mile Creek Sewer Crossing for the Not to Exceed Amount of $6,986.00 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. COMMENTS See attached • ~C ll-ZS-OSr LI ~ ~Crvl ~ 1~ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER Change Order No.: 1 Project Number. 07~ ~~~ 11/13/2008 Effective Date: CONTRACTOR: J-~.g Engineers, Inc. PROJECT: Ten Mlle Creek Sewer Crossing The Corrtractor is hereby directed to make the following changes from the Contract Documents and Plans. Desclption: 1) topographic survey & mapping 2) channel hydraulic modeling 3) base flood elevation determination Reason for Change Order: Addition work is needed beyond the original scope of services in order to comply with the City's floodplain ordinance. At~chments: Fee schedule CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $23,308.00 Original Contract Completion Date: Original Contract Completion Da Net changes form previous C.O: s.: Net Days change form previous C.O.'s: No. 0 to Q No. 0 to 0 $0.00 Contract Price Prior to this C.O.: Contract Completion Dam before this C.O.: $23,308.00 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: $6,986.00 Contract Price with all Approved C.O :s: Contract Completion Date with all Approved C.O: s: $30,294.00 RE MENDED: (GONSTRU ION MANAGER) B . G 4~C r ACCEP D (CON T R) B Date: ~ ~ / O y: Date: Lt t ~~ APPROVED: {cnY PURL I G N COUNCIL APPROVAL By: Keith wattsq ~~`,~~~n1u1 Nrlllli~~i ~ ~- 2S`.;C~" QF ~~ y ~ Date: ~ ! ' ~ ' Date: ~ ~ '~ ~. ~' ~~. APPROVE~~ Dom- ~ J ATTEST: ~ ~ ~= By: Mayor/ T ammy de W rd T 8y: City Cterk, Jaycee Holrrmn ~~AJ.1 Date: Date: I2- 3 • rJ~' ~`' ~,"~ • • ,'' Memo 'c~lt~~ ~~6~ .C~/~~t~G~'ctl.~~ ~4 ~ y` ~~~~ ~'~~ ~~L ~~ Ta Jaycee Holman; Tara Gnren Fromm Keith Watts, Purchasing Agent CC: Roxanne Holland Dane: 11/19/2008 Re: Proposed Agenda Item for November 25, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the November 25, 2008 City Council. agenda, under Consent Agenda, for Council's consideration: Change Order No. 1 J-U-B Engineers. Ten Mile Creek Sewer Crossing Recommended Council Action: Approval of Change Order No. 1 for the Not To-Exceed amount of $6,986.00 and authorize the Mayor to sign and City Clerk to attest, Thank you for your consideration. Please contact me if you have any questions. • Page 1 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER Change Order No.: 1 Project Number. 0'j~ Date: 11173/2008 Effectlve Date: CONTRACTOR: J-U-B Engineers, Inc. PROJECT: Ten Mlle Creek Sewer Crossing The Contractor Is hereby directed to make the following chan8es from the Contract Documents and Plans. Desclption: 1) topographic survey 8 mapping 2) channel hydraulic modeling 3) base flood elevation determination Reason for Change Order: Addition work is needed beyond file original scope of services in order to comply with the City's floodplain ordinance. Attachments: Fee schedule CHANGE IN CONTRACT PRICE: CHANGE 1N CONTRACT TIMES: Original Contract Price: $23,308.00 Original Contract Completion Date: Original Contract Completion Days: Net changes form previous C.O.'s.: Net Days change form previous C.O.'s: No. 0 to 0 No. 0 to ,¢ $0.00 Contract Price Prior to this C.O.: Contract Completion Date before this C.O.: $23,308.00 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of ti~is C.O.: $6,986.00 Contract Price with all Approved C.O.'s: Contrail Completion Date with aA Approved C.O.'s: $30,294.00 RE MENDED: (CONS~O~ GER) ACCE D (CO T R) By: By: Date: ~ 1 ~ Date: ~tt APPROVED: (CITY PURL I GE COUNCIL APPROVAL By: Keith Watts Date: J 1- ~G~ ~ ~ ~ Date: APPROVED: (CnY) ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Hotman Date: Date: • • MASON & STANFIELD WC. PROFESTIDNAL ENGINEERS, LAND SURVEYORS, & PIAMVERS Page 3 0!3 Bach Builders, Mvlti Family-NV 12051Survey~legalslRevised Annex.doc Thence N. 89° 45' 21" W., a distance of 230.14 feet,(formerly West} along the northerly boundary of said Instrument No. 7741806 to a point on the easterly boundary of that said Warranty Deed Instrument No. 95018434, said point monumented with a found S/8 inch diameter iron pin marked "ASG PLS 7314"; Thence continuing N. 89° 45' 21" W., a distance of 70.00 feet, along the extension of said northerly boundary to a point on the westerly boundary of said SW 1!4 NW l/4; Thence N. 00° 36' 11" E., a distance of 218.94 feet along the easterly boundary of said Warranty Deed Instrument No.95018434 to the POINT OF BEGIIVI~TING. This parcel contains 12.06 acres more or less. All according to the record of survey as recorded in the Office of the Ada County Recorder. SUBJECT TO: All existing rights of way and easements of record or implied appearing on the above-described parcel of land. This Legal Description was written without the benefit of an actual boundary survey. The courses shown hereon were prepared from that certain Record of Survey for "6638", Recorded as Instrument No. "104124018" in the Office of the Recorder of Ada: County, Idaho. A1- R~ B~ ~pN 15 .~r~~oQ~ Q~ ~c • ~~©~ ~ Professional Engineers, Land Surveyors and Planners 314 Badiola St. Caldwell, ID 83605 ~a ~~~~J ~ Jn~ Ph (208) 454-0256 Fax (208} 454-0979 e-mail: dholzheyna,msen .us PROPERTY DESCRIPTION PARCEL 1 C-~ A parcel of land being a portion of the SW I/4 NW I/4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, as shown on that certain Record of Survey No. 6638, recorded as Instrument No. 104124018 on Sept. 28, 2004 in the OiIice of the Recorder of Ada County, Idaho, by Anderson Survey Group, Inc. for Brian Weiss, more particularly described as follows: Commencing at the SW corner of said SWl/4 NWl/4, (W1/4 corner of Section 4), said corner monumented with a brass disk; Thence N. 00° 36' 08" E. a distance of 543.94 feet along the westerly boundary of said SWl/4 NWl/4 to a point; Thence S. 89° 23' S2" E. a distance of 70.00 feet perpendicular to said westerly boundary to the POINT OF BEGINNING, said point monumented with a found 5/8-inch diameter iron pin; Thence continuing S. 89° 23' S2" E, a distance of 230.00 feet to a found 5/8-inch diameter imn pin; Thence S. 00° 33' S4" W. a distance of 217.06 feet to a found 5/8-inch diameter iron pin; Thence, N. 89° 45' 23" W. a distance of 230.15 feet parallel with the southerly boundary of said SWl/4 NW 1/4 to a found 5/8-inch diameter imn pin; Thence N. 00° 36' OS" E a distance of 218.50 feet parallel with the westerly boundary of said SWl/4 NWl/4 to the POINT OF BEGINNING. This parcel contains 1.15 acres more or less. Also, this parcel is subject to all easements and rights-of--way of record or implied. ~~ ~. ~ 'J~ ~Z ~6 9i~ wo~.~ VA1. aE,VI BY .1AN 25 24~ ~ ~yORKS DEPT G ~ i ~J~>D~ ~ Pro#essional Engineers, Land Surveyors and Planners '-- 314 Badiola St. Caldwell, ID 83605 s~ f~)~ jnc. Ph (208) 454-0256 Fax (208) 454-0979 ~Q ~ e-mail: dholzhey seng.us PROPERTY DESCRIPTION PARCEL 2 R -yo A parcel of land being a portion of the SW 1/4 NW 1/4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, as shown on that certain Record of Survey No. 6638, recorded as Instrument No. 104124018 on Sept. 28, 2004 in the Office of the Recorder of Ada County, Idaho, by Anderson Survey Group, Inc. for Brian Weiss, more particularly descn`bed as follows: Commencing at the SW corner of said SWl/4 NWl/4, (Wl/4 corner of Section 4), said corner monumented with a brass disk; Thence S. 89° 45' 23" E. a distance of 350.01 feet to the POINT OF BEGINNING, said point monumented with a found 5/8-inch diameter iron pin; Thence N. 00° 36' 08" E. a distance of 180.00 feet parallel with the westerly boundary of said SW 1/4 NW 1/4 to a found 5/&inch diameter iron pin; Thence N. 89° 45' 23" W. a distance of 49.86 feet parallel with the southerly boundary of said SWl/4 NWl/4 to a found 5/8-inch diameter iron pin; Thence N. 00° 36' 08" E, a distance of 145.00 feet parallel with the westerly boundary of said SW l/4 NW 1/4 to a found 5/8-inch diameter iron pin; Thence N. 00° 33' S4" E. a distance of 217.06 feet to a found 5/8-inch diameter iron pin; Thence N. 00° 36' 08" E. a distance of 218.08 feet parallel with the westerly boundary of said SW 1/4 NW 1/4 to a point that falls in the South Slough; Thence along said South Slough the following courses and distances; Thence N. $4° 26' 08" E. a distance of 17.43 feet to a poiirt; Thence S. 66° 18' S2" E. a distance of 264.00 feet to a point; Thence S. 34° 48' S2" E. a distance of 227.70 feet to a point; Thence S. 71 ° 16' S2" E. a distance of 132.00 feet to a point; Thence S. 85° 33' S2" E. a distance of 174.90 feet to a point; Thence S. 40° 43' S2" E. a distance of 364.98 feet to a point; MASON & STANFiELD, ING ,SURVEYORS, ENGINEERS & PLANNERS Page 2 Thence S. 72° 58' S2" E. a distance of 99.25 feet to a point on the easterly boundary of said SW 1/4 NWl/4; Thence leaving said slough S. 00° 37' S2" W. a distance of 111.66 feet along said easterly boundary to the SE corner of said SWl/4 NWl/4, said corner monumented with a found 5/8-inch diameter iron pin; Thence N. 89° 45' 23" W. a distance of 978.33 feet along the southerly boundary of said SWl/4 NW l /4 to the POINT OF BEGIIVIVING. This parcel contains 10.56 acres more or less. Also, this parcel is subject to all easements and rights-of--way of record or implied. ~~~~ ~~~ ~G1S7~q ~~~ Of A~ R~11 BK X125 MEWORtQCS p~p~ c • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • E IDIAN 0 In the Matter of Annexation and Zoning of 12.06 acres from RUT (Ada County) to R-40 (High Density Residential) (10.56 acres) and C-C (Community Business) (1.5 acres) zoning districts; Conditional Use Permit for amulti-family residential development in a proposed R-40 zoning district; and Variance to UDC Table 11-3C-6 for a reduction in the number of covered parking spaces required for multi-family dweWngs, by Mason & Stanfield, Inc. Case No(s). AZ-08-003; CUP-08-004; VAR OS-002 For the City Council Hearing Dates of.: Apri122, May 20, and May 27, 2008 (Findings on the June 17, 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 MERIflIAN FINDINGS OF FACT, CONCLUSIONS OF LAw AND DECISION & ORDER CASE NO(S). AZ-08-003; CUP-08-004; VAR=08-002 -1- • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Site Plan, Landscape Plan, Building Elevations, Development Agreement, 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 Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Annexation and Zoning request, as evidenced by having submitted the legal description and exhibit map, stamped and dated June 14, 2006, by Darin Holzhey, PLS, included in the attached Staff Report for the .hearing date of May 20, 2008 incorporated by reference, is hereby conditionally approved. 2. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of May 20, 2008 incorporated by reference. 3. The Applicant's Conditional Use Permit request as evidenced by having submitted the Site Plan (dated 3/12/08), Landscape Plan (dated 1/08), and Building Elevations included in the attached Staff Report for the hearing date of May 20, 2008, is hereby conditionally approved. 4. The Applicant's Variance request for a reduction in the number of covered parking spaces required formulti-family developments is hereby approved. 5. 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 Eighteen (18) Month Conditional Use Permit Duration CITY OF M~ERfiDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08=00~; CUP-U8-004; VAR-OS-002 . -2- • Please take notice that the conditional use permit, when granted, shall be valid for a maxunum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use pernuts that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (I8) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional tone extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the tune period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 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). AZ-08-003; CUP-U8-004; VAR-08-002 -3- • e By a tion of the City Council at its regular meeting held on the 1 day of ~l~J!- , 2008. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE $REAKER) Attest: Jaycee I~dlman, City Copy served upon Applicant, Attorney. VOTED_ VOTED VOTED VOTED_ ~~ VOTED ~~ ````````,~`~-,~~or T' a Weerd ~~~ ., .~ •~'~ ~ /qy% r -. C~' ~ ~' ~o ~ ;. y '~~ O r Est • ~ ~~~. P .~ T`ile~~ 1' @~i~txnent Public Works Department and City By: ~.~,/~~'L ~1~~ZtA 0 a ~ Dated: ~-~-0g . City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-003; CUP-US-004; VAR-08-002 -4- CITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARIIV~TE OF MAY 20, 2008 STAFF REPORT Hearing Date: May 20, 2008 (Continued from April 22, 2008) TO: Mayor & City Council FROM: Sonya Wafters, Associate City Planner (208} 884-5533 SUBJECT: Regency at River Valley (Revised) . E' ~ I~IAI IDAHO • AZ-08-003 Annexation and Zoning of 12.06 acres from RUT (Ada County) to R-40 (High Density Residential) (10.56 acres) and C-C (Community Business) (i .5 acres) zoning districts • CUP-08-004 Conditional Use Permit for amulti-family residential development in a proposed R-40 zoning district Withdrawn • VAR-O'8-002 Variance to UDC Table 11-3C-6 for a reduction in the number of covered parking spaces required for multi-family dwellings • PS-08-004 Repuest for. approval of private streets within the proposed development The Commission heard these applications at the public hearing on March 6.. 2008. At the meeting on March 6`~, the applicant decided to withdraw the Variance (VAR-08-OOI) r. equest for a temporary access to SH 5S/Eagle Road. At that meeting, the Commission voted to continue the project until the March 20~' meeting so staff could update the conditions of approval (Sta, ff had originally included draft conditions of approval because Staff was recommending several significant changes to the site plan); so the site plan could be revised by the applicant: and so comments/conditions could be obtained from ACHD. On March 6`h. the maker of the motion for continuance stated that thev would tike to see the,following changes made to the site plan: 1) Add an emergency access only di'zveway to Allys Way; 2) Provide a 10-foot wide multi-use pathway on the site in accordance with Parks Depardnent comments: and 3) Remove the temporary access to Eagle Road. The maker of the motion also stated that their recommendation for approval would be prefaced on the applicant and NMID reaching an agreement pertaining to the relocation of the Downey Sublatera~ The Commission supported the Vmzance (VAR-D8-002) request for a reduction in the number of covered narking spaces required. The applicant .has submitted a revised site plan. which staff has reviewed and .made modifications to the staff report accordingly. ChanPes to the staff report since the March 6ih version. are in Bold. italics and underlines . Comments have been received from ACHD and are included in Exhibit B of this report. Regency at River Valley (revised} PAGE 1 CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARING~TE OF MAY 20, 2008 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Mason & Stanfield, Inc., has applied for Annexation and Zoning (AZ) of 12.06 acres from RUT (Ada County) to R-40 (High Density Residential) (10.56 acres) and C-C (Community Business) (1.5 acres). Concurrently, a Conditional Use Permit (CLEF) is requested for amulti-family residential development on 10.56 acres in a proposed R-40 zoning district. ~e A variances (VAR) to the Unified Development Code aFe is also requested as follows: 1) , . ;. Variance to LTDC Table 11-3C-6 for a reduction in the number of parking spaces required for multi-family dwellings in covered carports or garages The applicant is proposing 204 multi-family living units within 9 apartment buildings, a clubhouse, swimming pool area, a putting green, several gazebos, an entry. water feature, pathways, extensive landscaping, and a playground area. The site is located at 2500 N. Eagle Road, approximately 'h mile north of the Fairview/Eagle intersection on the east side of Eagle Road. The subject property is currently located within the Urban Service Planning Area. 2, SLi1VIlVIARY RECOMMENDATION The subject applications (AZ, CUP, & VAR's) were submitted to the Planning Department for concurrent review. By city code, the Planning & Zoning Commission is not required to hold a hearing on or act on the twe variance applications. However, because the variance requests-ate is integral to the project, staff recommends that the Commission, as part of their action, state a preference on the toys variance requests. Below, staff has provided a detailed analysis of the proposed applications. Staff is recommending approval of the subject AZ, CUP. and PS applications per the conditions of approval in Exhibit. B and the Development Agreement provisions in Section 10. Staff is recommending denial of the VAR application per the analysis in Section. l0 and the findings in Exhibit D. =run .,.,a ~.. ~e~iuesti~.ojeet-be-hind-b CUP request. a. Summary of Commission Public Hearing: i. In favor: Lars Anderson. Bach Homes: Scott Stanfield, Mason Stanfield Engineering ii. In opposition:. None iii. Commenting: Andrew Wilk iv. Written testimony: David Kheiner: Andrew Wilk v. Staff presenting application: Caleb Hood: Sonya Wafters vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. The addition of an emergency access driveway to the site from Allvs Way: ii. Support of the request for annexation of 1.5 acres with a C-C zoning designation if the Variance request for a temporary access to Eagle Road is withdrawn; iii. Removal of one of the. multi-family structures in order to provide covered parking Regency at River Valley (revised) PAGE 2 CITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARM~TE OF MAY 20, 2008 . iv. The request for a variance for a reduction in the number of covered'parkingspgces reguired• v. The encroachment of structures and landscaping within the easement for the Stokesberrv/Downev Lateral along the south boundary and the proposed relocation of the lateral and easement further to the south: vi. Allowance of a 5-foot wide multi-use nathwav through the site within a public use easement and signage identifying it as a public nathwav if a l0~foot wide nathwav is constructed along Allvs Wav and E. River Valley Road. as approved by the Parks Department• c. Kev Commission Change(s) to Staff Recommendation: i. Repnired a~n emergency access only driveway to Allvs Wav: ii. Repaired amulti-use nathwav on the site.in accordance with Parks Deuartment comments.: iii. Removed the temporary access request (Variance) to Eagle Road: and iv. Recommendation of aparoval is based on the applicant and NMID reaching an agreement pertaining to the relocation of the Downey Snblateral. d. Outstanding Issue(s) for. City Council: i. The Commission. was supportive of the requested variance for a reduction in the number of covered~narking spaces required;, staff is. not supportive. If the narking variance is not granted a new site plan should be submitted. ii. Comments from ACRD have been received and are included in Exhibit B of this report. iii. The applicant has submitted a private street application as repaired by Condition of Approval #1.2.3 (see Exhibit B). ~ . be Meridian City Gounc'1 heard th _ce iitem__c nn Anri127_ Mw'_fn_ ~~a rrr~., ~~ 2nnst st fro public hearing on Mav 27.2008 the onnc 1 annraved the subiect 7, and ~ reaLect a, ummarv of City onnc 1 P ~b i Hearing: ~ favor: bars Anderson_ Bach Home (Ann icantl:. colt tanfiek ji. In oonosiNon: None iai, ~"ommenting: Chri tie .i le. A 1TB iy, rtten testimony: David Ide'ner. .ars Ander on (in re nonce to Mr. Ideiner' y, Staff presenting ann icatian: Anea Gann ng Yl. Other staff commenting on aonlication: None iL Kev Issues of D1cCLSSlan by GoLn '1• j. easov-ing be ind the variance reaLe t for a reduction in the number of require narking space . to allow he Harkin areas.within he irr_iga_tion ditrict's or the oath lou h o he uncovered he timing of the de ication and con, traction of .. iver Valley Road: jji. he timing of insta lation of.a traffic ignal at the fuhre inter. action of .a le Road_ and F. River Va ley Road: ~ onroval from ITD for access to H 5S •a le Road via the future F.. iver Valley y~ The number of vehicle trio .per ho ~r at Weak ho ~r oroiectpd in he Traffic Imna tudv (TISI for the promo ed development and warrant fora igna at the inter, action a ed on he TI : ~. annexation of he property i 'n h b ct interact of the City with the access issue that exist to/from the site: Regency at River Valley (revised) PAGE 3 CITY OF 1VIERIDIAN PLAIV~I~IING DE~TMENT STAFF REPORT FOR THE HEARI•NG~TE OF MAY 20, 2008 ~. Kev Cdnncil Chanaec to to ~ / ommi cion Recommendation i. ~i iditional. provision to be added to the Development Agreement: The Citv will not approve the ordinance for annexation of the requested parcel until one of three contineencies occurs: a) The Ifleiner North Parcel DA is . it-n~d and the annexation ordinance is anuroved, b) The ROW for River Va ley treat is dedicated to A )FID wi -h accpcc to Favl mad. c) The ROW for Alleys Wav/Record Road is dedicated to ACRD with access to Fairview Avenue or Ustick Road. This would allow temporary use of the a. ern emer~enev access~ntil such dme as River VaLlev Street is ons acted Vie: The Citv does not guarantee that any ofthese conditions may occur ' in the one-year time frame of the DA anvrova~ These conditions may be ified through the DA modircation nroces~ 3. PROPOSED MOTION Partial ApprovaUPartial Denial After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-0B- 003, CUP-08-004, and PS-08-004 ; ~~3-88-A93 and ~' "~ ^~-o~ deny File Number VAR-08-002, as presented in the staff report for the hearing date of May 20, 2008 with the following modifications; (Add any proposed modifications.) Approval After considering all staff, applicant, and public testimony, I move to approve File Numbers AZ-08- 003, CUP-OS-004, ~-98-88~I~ VAR-08-002, and PS-08-004 as presented during the hearing, with the following modifications: (Add any proposed modifications.) (You should state specific reasons for approval of the variance.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-08-003, CUP-08-004, ~4~-88-88 VAR-08-002, and PS-08-004 as presented during the hearing, for the ' following reasons: (You should state specific reasons for denial of the annexation, conditional use pernut, and variance, and what the applicant could do to gain your approval in the future.) Continuance I move to continue File Numbers AZ-08-003, CUP-08-004, ~-A8-98~, VAR-08-002, and P3- 08-004 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2500 N. Eagle Road (Parcel #S1104233914 &c #51104233920) NW % of Section 4, T.3N., R.IE. b. Owners: RAMI, LLC; MBJR, LLC; Eagle Mesa, LLC; Eagle Coulter, LLC; JACOM, LC Regency at River Valley (revised) PAGE 4 CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARM~TE OF MAY 20, 2008 c. Applicant: Mason & Stanfield, Inc. 314 Badiola Street Caldwell, Idaho 83605 d. Representative: Lars Anderson, Bach Homes e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Mixed Use -Regional g. Description of Applicant's Request: From the applicant's narrative: "We are requesting annexation of two zones and an accompanying CUP. The annexation request includes 1.5 acres (for C-C zone) for the westerly portion adjacent to Eagle Road and 10.91 acres for an R-40 zone. The request complies with the current Comprehensive Plan. The project will comply with the UDC with the exception of covered p~'~g " (See Applicant's letter for more detail.) 1. Date of Site Plan (attached in Exhibit A): l~a~s'~ ".z-~o 3/12/08 (stamped by R. Scott Stanfield, P.E., and Darin Holzhey, P.L.S., ~-~'~) 2. Date of Landscape Plan (attached in Exhibit A): ~~-2A8~ 1/08 (prepazed by Lars Anderson, Bach Homes) 5. PROCESS FACTS a. The subject application will in fact constitute an Annexation & Zoning as determined by City . Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. b. The subject application will in fact constitute a Conditional Use Permit as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Conunission and City Council on this matter. c. The subject applications will in fact constitute a Variance as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the City Council on this matter. d. 1Vewspaper notifications published on: February 18, 2008 and March 3, 2008 (Commission); March 31. and April 14.2008 (Gifu Council) e. Radius notices mailed to properties within 300 feet on: Februazy 12, 2008 (Commission); March 28..2008 (Gifu Council) f. Applicant posted notice on site by: February 22, 2008 (Commission); April 9.2008 (Gifu Council 6. LAND USE a. Existing Land Use(s): This property is currently vacant with some existing outbuildings associated with a former residence. b. Description of Character of Surrounding Area: This azea contains a mix of single-fanuly residential properties, commercially zoned vacant land, and office uses. c. Adjacent Land Use and Zoning: Regency at River Valley (revised) PAGE 5 CITY OF MERi~DIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARI~IVG~TE OF MAY 20, 2008 1. North: Vacant commercial property, zoned C-G 2. East: Vacant commercial property, zoned C-G and single-family residences in Redfeather Estates subdivision, zoned R-4 3. South: Vacant property (in the process of being zoned C-G -Meridian Town Center), zoned RUT (Ada County) . 4. West: Single-family residence and vacant property, zoned RUT (Ada County); office uses (on the west side of Eagle Road), zoned L-O; and vacant property, zoned C-G d. History of Previous Actions: The following applications were submitted for this property in 2006 and all were denied by the City Council: • Annexation and Zoning (AZ-06-035) of 12.06 acres to C-C (Community Business District) (1.50 acres) and R-40 (High Density Residential) (10.56 acres) • Conditional Use Permit (CUP-06-022) for amulti-family development consisting of 204 multi-family residential units • Private Street (PS-06-006) request adjacent to the proposed multi-family units • Variance (VAR-06-014) request to UDC 11-3C-6A to provide less than the required number of covered parking stalls for multi-family dwellings • Variance (VAR-06-015) request to UDC 11-4.3.27B3 to provide less than 80 square feet of private, usable open space for each multi-family dwelling unit • Variance {VAR-06-016) request to UDC 11-3h-4B2 to constrwct a vehicular access to a state highway at a location other than a section line road or the half rule mark between sections e. Existing Constraints and Opportunities: 1. Public Works: . Location of sewer: This property is proposing to connect to sewer mains located in Eagle Road. Location of water: This property is proposing to connect to water service mains located in Eagle Road. Issues or concerns: None 2. Canals/Ditches Irrigation: The South Slough runs along the northern boundary of this site. The Downey Sublateral runs along the south boundary of the site.. 3. Existing trees: There are existing trees on the site that are proposed to be removed. The applicant shall comply with the nutigation requirements listed in UDC 11-3B-lOC. 4. Floodplain: This property does not lie within the floodplain or floodway. 5. Hazards: The South Slough is located along the northern boundary of this site and may create a water hazard for small children as it will remain uncovered. 6. Proposed Zoning: R-40 (High Density Residential) (10.56 acres) & CrC (Community Business) (1.5 acres) 7. Size of Property: 12.06 acres f. Landscaping Regency at River Valley (revised) PAGE 6 CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARING~TE OF MAY 20, 2008 1. Width of street buffer(s): A 35-foot wide buffer is required along Eagle Road/SH 55, an arterial street; a 20-foot wide buffer is required along Allyn Way, a collector.street, and a 20- foot wide buffer will be required along the future E. River Valley Road, a collector street. Street buffer landscaping shall be installed in accordance with the standards listed in UDC 11-3B-7C. 2. Width of buffer(s) between land uses: A 25-foot wide buffer is required in commercial districts adjacent to any existing residential uses. There is currently an existing residence (parcel # 1104234102) located at the south boundary of the portion of the property proposed to be zoned commercially. If the residential use of this property exists at the time of development (i:e. CZC submitta•1), a 25-foot wide buffer shall be provided along that boundary. Buffers to adjoining land uses shall be installed in accordance with the standards listed in UDC 11-3B-9C. 3. Percentage of site as open space: 18% or 1.91 acres of useable open space 4. Other landscaping standards: Parking lot landscaping shall be installed per the standards listed in UDC 11-3B-8C. g. Amenities: Per UDC 11-4-3-27D.2, 4+ amenities are required for this development with at least one from each category (i.e. quality of life, open space, recreation). The following amenities are proposed: walking trails, clubhouse, water feature, swimming pool, a putting green, several gazebos, and a tot lot. The applicant has complied with this requirement. h. Off-Street Parking: UDC 11-3C-6 requires multi-family dwellings with 1 bedroom to have 2 parking spaces per unit, 1 in a covered carport or garage. The site plan shows 481-bedroom units, which requires 48 covered spaces and 48 uncovered spaces. Multi-family dwellings with more than 1 bedroom are required to have 2 parking spaces per unit in a covered carport or garage. The site plan shows 1 S6 units with more than 1 bedroom, which requires 312 covered spaces. A total of 360 covered spaces and 48 uncovered spaces are required on the site for a total of 408 spaces. The applicant has provided X299 covered spaces and ~3 I09 uncovered spaces for a total of 408 spaces. A variance is requested for a reduction in the number of covered parking spaces required. i. Required Dimensional Standards for Multi-family Residential Use in the R-40 Zone, per UDC 11-4-3-27B and 11-2A-8: • 1. Minimum Building Setback A minimum 20-foot wide setback is required along the south and east property boundaries adjacent to E. River Valley Road and Allys Way because of the required ZO-foot wide street buffers (per UDC Table 11-2A-8) and a minimum 10-foot wide setback is required along the north and west property boundaries (per UDC 11-4-3-2'7B). 2. Maximum Building Height: 60 feet j. Summary of Proposed Streets and/or Access: Access to the site is proposed from two access points to/from the future extension of E. River Valley Road. The applicant is proposing to construct 26' drive aisles within the multi-family development; Staff is requesting that the applicant submit a private street application and that minimnm 26-foot wide private streets are provided. The applicant is proposing to construct a segment of Allyn Way on the east boundary of the site in alignment with the existing Allyn Way north of the site, on the north side of Ustick Road; Staff is supportive of Allyn Way being constructed. An emerQency only access to Allyn Way to the east is ~ proposed; Staff is suuoorCive of this access. Regency at River Valley (revised) PAGE 7 CITY OF MERIDIAN PLANNING D~TM•ENT STAFF REPORT FOR THE HEARINGTSATE OF MAY 20, 2008 ,: Further, as of the print date of this report, comments have not been received from ACRD. However, Staff spoke with Matt Edmonds at ACHD and he stated that the applicant will be required to construct half the street section of E. River Valley Road abutting the site consisting of 24 feet of pavement and a 7-foot wide sidewalk (as proposed by the applicant). The applicant is proposing to dedicate and construct the whole right-of way for Allys Way on the eastern portion of the site. Matt did not think that an emergency access point to Allys (as required by City Staff] to/from the site would be a problem. Further, ACRD is requiring a road trust deposit for half of the construction cost of the bridge over the South Slough. Please see Section 10, Analysis, and Exhibit B of this report for more information. 7. COMMENTS MEETING On February 15, 2008 a joint agency and department meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use -Regional" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an azea that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU-R designation allows for over 200,000 squaze feet of non- residential uses, residential densities ranging from 3 to 40-dwelling units per acre, mixed use neighborhood and mined use commercial uses, as well as regional commercial uses such as entertainment and employment centers and clean industry. Staff believes that the requested C-C and R-40 zoning of the property with 17.86 dwelling units per acre planned for the multi-family portion of the development, complies with the MLT-R designation for this property (please see Analysis, Section 10 below for more information). Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. YYhen the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the subject property in the following manner: - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares •resource and personnel with the Meridian Rural Fire Department. Regency at River Valley (revised) PAGE 8 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARII~TG-DATE OF MAY 20, 2008 - The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACI-ID). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter V, Goal I, Objective A, Action 4 -Develop and maintain greenbelts along waterways. T'he applicant is proposing to construct a section of multi-use pathway on the site that wil•I connect to the future master pathway planned along the north side of the South plough via a pedestrian bridge at the northwest corner of the site. • Chapter V, Goal I, Objective A, Action 11 -Improve and protect creeks (Five Mile, Eight Mile, South Slough ...etc.) throughout commercial, industrial, and residential areas. The South Slough, which runs along the northern boundary of this site, should be improved and protected during development of the site. • Chapter V, Goal I, Objective A.1 -Preserve and conserve our waterways, wetlands, wildlife habitat, and other natural resources. The South Slough, a natural waterway, runs along the northern boundary of this site. As a natural waterway, it will remain open and should be preserved. • Chapter VII, Goal I, Objective D, Action 9 -Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. The applicant is proposing to construct a trjoot tall chain linkfence along the north property boundary adjacent to the South Slough in accordance with UDC 11-3A-6B3. Six foot tall vinyl fencing is proposed along the west property boundary. Temporary construction fencing shall be constructed prior to release of building permits in all areas where permanent fencing is not proposed, to contain debris during construction. • Chapter V, Goal III, Objective D, Action 3 -Require all new pazking lots to provide landscaping in internal islands. Landscaping is shown on the landscape plan within the parking areas in planter islands for the residential portion of the development. All parking lot landscaping shall be installed per the standards listed in UDC Il -3B-8C. • Chapter VII, Goal N, Objective C, Action i -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone adjacent to Redfeather Subdivision, a residential subdivision, at the east boundary of the site and the existing residence at the Regency at River Valley (revised) PAGE 9 CITY OF MERIDIAN PLANNING DF~TMENT STAFF REPORT FOR THE HEARING~TE OF MAY 20, 2008 southwest corner of the site. The extension of Allys Way also separates this site from Redfeather Subdivision. If the properly adjacent to Eagle Road is zoned commercially as proposed, a 2S foot wide landscape buffer is required to be constructed adjacent to residential uses. Staff finds that the proposed residential development should be compatible with the existing residential properties in the area. • Chapter VII, Goal I, Objective C, Action 4 -Require new residential development to meet development standards regarding landscaping, signage, fences, and walls, etc. The Applicant will be required to construct a 20 foot wide landscape buffer along E. River Valley Road that complies with UDC I1-3B-7, Landscape Buffers along Streets. All signage proposed for the site must be approved through a sign permit and shall comply with UDC Il - 3D-10, Table 2. Fencingproposed on the site shall comply with UDC 11-3A-7. • Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. Staff believes that the proposed high-density multi family residential development will assist in providing a variety of residential housing opportunities in the City. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2A-Z lists multi-family developments as a conditional use in the R-40 zoning district. Specific Use Standards (L1DC 11-4-3-2'n apply to multi-family developments; please see Section 10, Analysis below for more information. UDC Table 11-2B-21ists several uses that are principal permitted uses, conditional uses, and prohibited uses in the proposed C-C zoning district. Among the principal permitted uses are animal care facilities; indoor/outdoor arts, entertainment or recreation facilities; building material, garden equipment and supplies; churches, group daycares, education institutions, financial institutions, flex space, fuel sales facility, healthcare or social services, information industry, Laundromat, mortuary, nursery or urban farm, pazks, personal or professional service, public/quasi-public use, restaurant, retail store, minor vehicle repair, vehicle washing facility, vertical integrated residential project, etc. b. Purpose Statement of the Proposed Districts: Residential Districts: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts aze distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Commercial Districts: Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts aze designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 'P ~ 1, ~,, t1... ~.:se ..1.. ......l,;a ..In .+n..~ ..Ins. _.,^..i ~,,,° `~'}' °~ `.> ~S~A~S9 .. sti...a al.e r_r~ ......ea .. a ..a;.,,.e„t a„ ~...ae ~,..,a .,,.~ t-e ., eosa .,~ °...n.~ Regency at River Valley (revised) PAGE 10 (',ITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FORTH°E HEARING~TE OF MAY 20, 2008 phis €i~r~Te~-these rf ~BSenS tt@d )38E`81i~ EB~L ~ • k a ~ , ~ ~ ~ llde~h-6~ had-tisnt ..~.e Y S r,. ., aec .; .:~ ., ~.,se.. a . .. ~ ua Qa ' i ~ ~ ' ~g c: aa tccasscr-~sscc-c a e~t ~e , pp 1 •.. ens ..:Ll. i'n w I an4i~ .. •l. - is: 1. Annexation & Zoning (AZ): Based on the policies and goals contained in the Comprehensive Plan and the Future Land Use Map designation of Mixed Use -Regional, Staff believes that the requested R-40 and C-C zoning districts are appropriate for this property. Heweve~; , r,,.,.......~., .. -„a r .. n r ~ .. a~.., s.,.~E :..a......-. ,.e at.,. n:a-. _ a._ ... _ ~__ ~L _ r r ~ rM~r~ ~~ €ellewing~ee~.-ev- Staff believes that access to the portion of the property proposed to be zoned C-C and all of the properties fronting Eagle Road/SH 55, south of the South Slou should be provided from the south via a backage road that connects to the future E. River Valley Road and that across-access/ingress-egress easement should be provided to the properties to the north and south from the subiect property --uad-that Until the residential property to the south re-develops, the proposed commercial portion of the property will not be able to access E. River Valley Road, and should not use Eagle Road aS $CCBSS. ~~•~'~'~.,••., ca rr s. ~• ai. a n w r ~L ..,.....:,,~, r -.~: Z. ~. . Staff is recommending approval of the annexation and zoning of 1.5 acres to C-C (see legal description & exhibit moo for C-C zone in .Exhibit C.31. Staff is ~t supportive of the requested R-40 zoning designation for the eastern portion of the property proposed for multi-family residential use for the following reasons: The Comprehensive Plan future land use designation for this property of MU- R allows for residential densities of 3 to 40 units per acre. The applicant is proposing 204 residential units within a proposed R-40 zoning district, which allows for the property to develop within the desired densities stated in the Comprehensive Plan far this area. Further, Staff believes that amulti-family development would be appropriate and would contribute to the variety of uses in this area. For these reasons, Staff is recommending of approval of the annexation and zoning of 10.56 acres to R-40 (see legal description & exhibit map for R 40 zone in Exhibit C.2). Please see Exhibit D for a detailed analysis of the required facts and findings for an annexation & zoning request. The legal description submitted with the application (stamped on June 14, 2006 by Darin Holzhey, PLS) is accurate and meets the requirements of the City of Meridian and Idaho State Tax Commission. UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement (DA) with the City of Meridian that may require some written commitment for all future uses. Because of the nature of the development and the high density zoning district proposed by the applicant, Staff believes that a DA is necessary to ensure that the site develops in a manor that is consistent with said plans. Staff has included a list of recommended DA provision below. If the Commission or Council feels additional development agreement Regency at River Valley (revised) PAGE 11 CITY OF MERIDIAN PLANNING D • TMENT STAFF REPORT FOR THE HEARING~TE OF MAY 20, 2008 provisions are necessary, staff recommends a clear outline of the commitments of the developer being required. Development Agreement: A Development Agreement (DA) will be required as part of annexation of this property. Prior to annexation approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The applicant shall. contact the City Attorney, Bill Nary, at 888-4433, within 6 metes 1x of City Council approval to initiate this process. The DA shall include, at minunum, the following: a. A maximum of 204 multi-family residential units shall be allowed to be constructed on the site. b. A minimum 5,868 square foot clubhouse shall be constructed on the site, as proposed. c. At a minimum, amenities shall be constructed on the site as proposed on the site plan (i.e. clubhouse, water feature, swimming pool, walking trails, tot lot, gazebos, etc.). d. All multi-family structures shall comply with the architectural standards listed in UDC 11-4-3-27E. Structures shall be constructed on the site in accordance with the elevations attached in Exhibit A. e. The site/structures shall comply with the Specific Use Standards listed in UDC 11-4- 3-27 far multi-family developments. f. The applicant shall comply with the parking standazds listed in UDC 11-3C-6 for multi-family developments as follows: for 1 bedroom units, there shall be two pazking spaces with at least one in a covered carport or garage; and for units with more than one bedroom, 2 parking spaces shall be provided, both in a covered carport or gazage. No variance to this standard is granted. g. A legally binding document shall be recorded that states the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking., common areas, and other development features, per UDC 11-4-3-27G. h. Access to this site shall be provided from E. River Valley Road and an emergency only access shall be Drovided from Allys Way. Access to Eagle Road is prohibited. i. The applicant shall dedicate right-of-way and construct Allys Way in accordance with ACHD' standards, in alignment with Allys Way north of the site, on the north side of Ustick Road, prior to release of occupancy of any structure on this site. j. The applicant shall construct (or have available) at least half the street section of E. River Valley Road (24 feet of pavement and 7-foot wide sidewalk) in accordance with ACHD standards, prior to release of occupancy of any structure on this site. k. All existing buildings on the site shall be removed prior to release of building permits for this development. 1. 'T'wenty-six foot wide private streets shall be provided within the site in accordance with the standards listed in UDC 11-3F-4. m. A 20-foot wide street buffer will be required along the future extension of E. River Valley Road, per UDC Table 11-2A-8. Landscaping shall he provided in said buffer in accordance with the standards listed in UDC 11-3B-7C, Landscape Buffers along Streets. If NMID will not allow landscaping (i.e, trees) within their easement for the Downey Sublateral and if there is not sufficient room outside of the easement for the street buffer, the applicant shall provide an additional S foot wide strip for landscaping outside of the NMID easement, per IIDC 11-3B-7C1 b. Regency at River Valley (revised) PAGE 12 CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARINGaRTE OF MAY 20, 2008 n. The Downey Sublateral easement along the southern boundary of the site shall either be relocated so that structures do not encroach within the easement OR the structures shall be relocated outside of the easement, prior to submittal of the ;first Certificate of Zoning Compliance application for the parking and common areas. o. A 20-foot wide street buffer will be required along Allys Way, per UDC Table 11- 2A=8: Landscaping shall be provided in said buffer in accordance with the standards listed in UDC 11-3B-7C, Landscape Buffers along Streets. p. Landscaping shall be provided on the site in accordance with the specific use standards for multi-family developments listed in UDC 11-4-3-27F. q. The applicant shall construct 6-foot tall vinyl fencing along the west property boundary and 6-foot tall chain link fencing along the north side of the property adjacent to the South Slough as depicted on the landscape plan. Temporary construction fencing is required to be installed where permanent fencing is not proposed, around the residential portion of the site prior to issuance of building permits to contain debris during construction. Fencing shall be constructed in accordance with the standards listed in UDC 11-3A-7. r. A minimum 5-foot wide perimeter landscape buffer is required adjacent to parking and vehicular use areas along the north boundary of the site and adjacent to the existing residence on the west boundary of the site, per UDC 11-3B-8C. Said buffer is required to be planted with one tree per 35 linear feet and shrubs, lawn, or other vegetative ground cover. If NMID will not allow trees within their easement for the South Slough, the applicant may apply for Alternative Compliance in accordance with UDC 11-SB-S. • s. A 10-foot wide multi-use pathway and bridge over the South Slough shall be constructed on the site in accordance with the Parks Department conditions contained in Exhibit B and the standards in the Master Pathways Plan and UDC 11- 3A-8. t. With the first CZC application, include mitigation details for the 9 existing trees on the site, consisting of 120 caliper inches, proposed to be removed, iri compliance with UDC 11-3B-10. Contact Elroy Huff, City Arborist, 888-3579 for more details. u. The applicant shall submit a Certificate of Zoning Compliance (CZC) for approval of all of the parking and common areas on the site prior to submittal of CZC's for structures. v. A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all of the proposed multi-family structures within this development. All structures must substantially comply with the building elevations submitted with this application (see Exhibit A), the architectural standards kisted in UDC 11-4-3-27E for multi-family developments, and conditions of approval and DA provisions listed in Exhibit B of this report. NOTE: A CZC application may include multiple/all multi family structures within the development. w. A Certificate of Zoning Compliance is repaired prior to issuance of a building permit for the commercial portion of the development. Because the commercial portion of the property is located adiacent to an entryway corridor (Earle Road). the future structure(s) and site shall be subiect to the design standards listed in UDC .11-3A-19C. x. Development of the C-C zoned portion of the site shall not occur until such lime as access is provided to/from E. River Valley Road or some other frontage/backage street: direct lot access to Eagle Road is prohibited. Regency at River Valley (revises) PAGE 13 CITY OF MERIDIAN PLANNING DE• TMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 y. A backage road shall be constructed on the east side of the C-C zoned portion of the site and across-access/ingress-egress easement shall be provided to the properties to the north and south for an extension of the backage road and future access to E. River: Valley Road. A copy said cross- access/ingress-egress easement shall be provided to the Planning Department prior to issuance of the issuance of a certificate of zoning compliance application for the first multi-family building. z. The Citv will not approve the ordinance for annexation of the requested parcel until one of three contineencies occurs: ote• The City does not guarantee that an,~ of these conditions may occur within the one-year time lrame of'the DA approval These conditions may be modified through the DA modification process 2. Conditional Use Permit (CUP): The applicant has submitted a site plan (stamped by Scott Stanfield on -1-~3NA8 3/12!08, included as Exhibit A.2). The site plan depicts 9multi-family residential structures consisting of a total of 204 residential units and a 5,868, square foot clubhouse for the portion of the site proposed to be zoned R-40. These units consist of 28 1- bedroom units consisting of 833 square feet (s.f.) each; 20 1-bedroom Executive units consisting of 871 s.f. each; 104 2-bedroom units consisting of 1,037 s.f. each; 28 2 bedroom Executive units consisting of 1,110 s.f. each; and 24 3-bedrom units consisting of 1,228 s.f. each (see floor plan ofmulti-family units in Exhibit A.10). The overall square footage of residential uses proposed for the property is 209,144 s.f. The applicant states that this project will not be phased but may take a couple of years to construct. Parking is provided on the site for the multi-fanuly units as follows: There are 7 garage structures depicted on the plan that contain 6 parking spaces each for a total of 42 enclosed spaces; 23-3257 carport parking spaces are provided that allow for a total of ~-5299 covered spaces; and ~l-l~ 109 open stalls are provided for a total of 408 parking stalls provided on the site (see covered parking analysis below for more information on compliance with UDC standards). ' .Per UDC 11-3C-SB, all off-street parking areas shall be provided with a substantial wheel restraint to prevent cars from encroaching upon abutting private and public property or overhanging beyond the designated parking stall dimensions. Wheel stops are not depicted on the site plan. The applicant must either install wheel stops for all parking adjacent to sidewalks or landscaping or the sidewalk or landscape area may be widened 2 feet to allow for vehicle overhang, and the stall length may be reduced by 2 feet (from 19' to 17'). Bicycle parking is also required on the site as follows: 1 bicycle parking space'is required for every 25 proposed vehicle parking spaces or portion thereof, per UDC 11-3C-6G. Because 408 parking stalls are proposed on the site, l6 bicycle spaces are required to be provided. As a provision of the DA, the applicant shall submit a Certificate of Zoning Compliance (CZC) Regency at River Vapey (revised) PAGE 14 •CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARINGTI"ATE OF MAY 20, 2008 for approval of all of the parking and common areas on the site prior to submittal of CZC's for structures. Several amenities are proposed on the site in compliance with UDC standards (see amenities analysis below for more information). The property proposed to be zoned C-C is included on the site plan with a conceptual plan of how the property may develop in the future; however., no development of the 1.5 acre C-C property is proposed at this time. If the property is annezed, a backage road should be constructed along the east boundary of the commercial district, in compliance with the standards listed in UDC 11-3H-4B3. Further, across-access/ingress-egress easement should be provided to the properties to the north and south of the site. No development of this site should occur until the backage road is connected to River Valley Road. Per UDC 11-2A-2, Multi-family Developments require conditional use permit approval and. must comply with the Specific Use Standards listed in UDC 11-4-3-27 as follows: a. Setbacks: Buildings shall provide a minimum setback of 10 feet, unless a greater setback is otherwise required by the UDC. (UDC Table 11-2A-7 requires a greater setback of 15 feet in the rear.) The building envelopes shown on the site plan meet the minimum setback requirements stated However, the structures shown along the south boundary encroach approximately l2 feet into the Nampa ltleridian Irrigation District's easement for the Downey SublateraL (See discussion below under "ditches, canals, & laterals.') b. Service areas: On-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer or utility vaults shall be fully screened from view from any public street. Tfae Applicant shall comply with this requirement. c. Private, usable open space: 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. Private usable open space is proposed for each unit that exceeds the minimum amount required by the UDC. (1 bedroom units contain 84 square feet of deck area, and 2 & 3 bedroom units contain 81 square feet of deck area.)(See floor plan attached in Exhibit A.10,) Staff is supportive of the proposed private, usable open space. d. Developments with 20 units or more shall provide the following: A property management office, a maintenance storage area, a central mailbox location (including provisions for parcel mail), and a directory and map of the development at a convenient location. This development does contain more than 20 units and will comply with this requirement. A property management office and central mailbox location with parcel storage is proposed within the clubhouse (see clubhouse floor plan in Exhibit A.11). A directory and map of the development is shown at the entrance of the development on the landscape plan (see Ezhibit A.3). The applicant states that the maintenance storage area will be located within garage building #1. Staff is supportive of the proposed amenities. e. Covered Parking: UDC 11-3C-6 requires that multifamily developments shall provide parking as follows: for 1 bedroom units, there shall be two parking spaces with one in a covered carport or garage; and for units with more than one bedroom, 2 parking spaces shall be provided in a covered carport or garage. The site plan shows 481-bedroom units, which requires 48 covered spaces and 48 uncovered spaces. The site plan shows 1 S6 units with more than 1 bedroom, which requires 312 covered spaces. A total of 408 stalls; 360 covered spaces and 48 uncovered spaces are required on the site. The Regency at River Valley (revised) PAGE 15 CITY OF MERIDIAN PLANNING DEP~-RTMEIVT STAFF REPORT FOR THE HEARING~TE OF MAY 20, 2008 applicant has provided 39~ 299 covered spaces and x-3109 uncovered spaces A variance is requested jor a reduction in the number of covered parking spaces required from 360 to ~9S 299. Staff is not supportive of the proposed parking variance (see Yariance analysis below) f. Common Open Space Design Requirements: UDC 11-4-3.27C requires a nunimum of 250 square feet of outdoor common open space for each unit containing more than 500 squaze feet and up to 1,200 square feet of living azea, and 350 square feet for each unit containing more than 1,200 square feet of living area. (The common open space shall be not less than 400 squaze feet in azea, and shall have a minimum length and width dimension of 20 feet.) Based on the square footage of the proposed units, a .total of 53, 400 square feet of common open space is required; 83, 312 square feet of open space is proposed on the site plan, which complies with this requirement. f. Amenities: UDC 11-4-3.27 requires that multi-family developments with 75 units or more provide 4 amenities with at least one from each category (i.e. quality of life, open space, or recreation). Further, for multi-family developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the proposed development. Because 204 units are proposed with this development at least 4 amenities are required. Sta, ff believes that the applicant more than complies with this requirement by providing the following qualifying amenities: 1) walking trails, 2) clubhozrse, 3) water feature, 4) swimming pool, S) a putting green, 6) several gazebos, and 7) a tot lot. g. Elevations: Elevations are required to meet the architectural standards set forth in UDC 11-4-3-27E. The applicant is proposing 9 multi family structures, S of which consist of different elevations (they aren't all the same). Tlze~ structures are all proposed to have brick veneer masonry, stucco, stone veneer, and fiberglass-reinforced asphalt shingles. All of the structures are 2-3 stories in height, have the same architectural design and appearance but are different in size based on how many units they contain. One single- story clubhouse structure is also proposed with the same construction materials as the multi family structures. No colors are listed for the structures on the elevations but the colored drawing the applicant submitted contained in Exhibit A.6 depict 4 different colors on one structure. All of the structures within the development should have a mix of colors and materials as depicted on the colored elevation and architectural elevations contained in Exhibit A. The proposed elevations appear to comply with the architectural standards. If approved, full compliance with the elevation requirements cited in UDC 11- 4-3-27E, and the elevations submitted with the subject CUP, will be required with the future issuance of Certfdcate of Zoning Compliances on this site. h. Landscaping: Per UDC 11-4-3-27, all street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following standazds: - The landscaped azea 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 azea. i. Maintenance and Ownership Responsibilities: Per UDC 11-4-3-27G, a legally binding document shall. be recorded that states the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. Regency at River Valley (revised) PAGE 16 CITY OF MERIDIAN PLANNING DE• TMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 Access: Access to the site is proposed from the future River Valley Road and an .emergency only access to/from Allys Wav. , ---_.r.,-._--..~ .._t..»..____-. . ............y ~..~ ....~ .,.... ~..~ .~.~..............r~a~,~, • ~ s However, Staff spoke with Matt Edmonds at ACRD and he stated that the applicant will be required to construct half the street section of E. River Valley Road abutting the site consisting of 24 feet of pavement and a 7-foot wide sidewalk (as proposed by the applicant). The applicant is proposing to dedicate and construct the whole right-of--way for Allys Way on the eastern portion of the site. Matt did not think that an emergency access point to Allys (as required by City Staff) to/from the site would be a problem. Further, ACRD is requiring a road trust deposit for half of the construction cost of the bridge over the South Slough. Stub Streets: .The Fire Department is requesting that a stub street be provided from the site to Allys Way because of fire code requirements for the number of dwellings proposed: the aaulicant has revised the site plan to include an emergency only access to Allvs Wav. which staff is supuortive of. Staff has included a condition requiring construction of and access to Allys Way for this development. Ally's Way: The future alignment of Ally's Way, which exists north of the site, north of Ustick Road at the''/a mile, lies along the eastern boundary of the subject property. As part of the development of this site, the applicant will be required to dedicate right-of-way and construct Allys Way in accordance with ACRD standards. Further, staff has included a DA provision that an emer~encv only access be provided to/from Allys Way for this development. Existing ResidencesBnildings: The site currently contains some existing outbuildings that were associated with a previous residence. The remainder of the site consists of vacant land. Ali-existing buildings shall be removed prior to release of building permits for this development. • Fencing: The applicant is proposing to construct 6-foot tall vinyl fencing along the west property boundary and 6-foot tall chain link fencing along the north side of the property adjacent to the South Slough. Temporary construction fencing is required to be installed where permanent fencing is not proposed, around the residential portion of the site prior to issuance of building permits to contain debris during construction. Fencing shall be constructed in accordance with the standards listed in UDC 11-3A-7. Landscape Plan: The applicant submitted a conceptual landscape plan for the residential portion of the site dated ~~3{9-'~ 1/0$. The applicant should note the following and/or make revisions to the landscapeJsite plan as follows: • • Per UDC Table 11-2A-$, a 20-foot wide street buffer will be required along the future extension of E. River Valley Road, as proposed. If NMID will not allow landscanin~ (i. e. trees) within their easement for the Downey Sublateral and ~' Regency at River Valley (revised) PAGE 1'~ CITY OF MERIDIAN PLANNING DE• TMENT STAFF REPORT FOR THE HEARMG DATE OF MAY 20, 2008 there is not sufficient room outside of the easement__for the street buffer,_ the applicant shall prouide an additional 5 foot wide ship for landscapin>~ outside of the NMID easement, per UDC Il 3B-7CIb: • Per UDC Table 11-2A-8, a 20-foot wide street buffer will be required along Allys Way; • Per UDC Table 11-2A-$, a 35-foot wide street buffer will be required along Eagle Road/SH 55, an entryway corridor (upon development of the commercial portion of the site when annexed). • If the property proposed to be annexed with a C-C zoning district is annexed, and at the tune of CZC submittal there is a residence adjacent, a 25-foot wide buffer shall be provided along the east and/or south boundaries of the commercial site. • Per UDC 11-3B-8C, a 5-foot wide perimeter landscape buffer is required adjacent to parlung and vehicular use areas along the north boundary of the site and adjacent to the existing residence on the west boundary of the site. Said buffer is required to be planted with one tree per 35 linear feet and shrubs, lawn, or other vegetative ground cover. If NMID will not allow trees within their easement for the South Slough, the applicant may apply for Alternative Compliance in accordance with UDC 11-SB-5. • A 10-foot wide multi-use pathway and bridge over the South Slough shall be provided on the site in accordance with the Parks Department conditions contained in exhibit B and the standards in the Malster Pathways Plan and UDC 11-3A-8. • With the first CZC application, include mitigation details for the 9 existing trees on the site, consisting of 120 caliper inches, proposed to be removed, in compliance with UDC 11-3B-10. Contact Elroy Huff, City Arborist, 888-3579 for more details. • A detailed landscape plan shall be submitted with the CZC application per the requirements on the CZC checklist, the conditions of approval noted in Exhibit B, in accordance with the standards listed in UDC 11-3B. A detailed review of the fmai landscaping on this site will take place with the first Certificate of Zoning Cornpliance(s) application for the parking areas on this site. The aforementioned notes/revisions should be reflected on a revised plan submitted with the CZC application. Mitigation: The site plan depicts 9 existing trees, consisting of 120 caliper inches, on the site that are proposed to be removed upon development of the property. Per UDC 11-3B-10, mitigation is required for all existing trees 4-inch caliper or greater removed form the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement. Staffrecommends that the applicant comply with the mitigation standards listed in UDC 11- 3B-1 OC. Multi-Use Pathway: The Parks Department has submitted the following analysis on the multi-use pathway required on this site: The Meridian Pathways Master Plan depicts a future public pathway along the north side of the South Slough (aka Finch 'Lateral or Finch Creek), which crosses the canal near the location of the future Pedestrian Bridge depicted on the site plan, continues south through the subject property and connects to the intersection of River Palley Road and Eagle Road. Regency at River Valley (revised) PAGE 18 CITY OF MERIDIAN PLANNING DTMENT STAFF REPORT FOR THE HEARINGaATE OF MAY 20, 2008 With the recent annexation of the Meridian Town Center property, we expect to have a future pathway built in the proposed 60-acre park along the south side of the South Slough, east of Alley's Way/Records Drive. This will provide for another future pathway connection point. To connect with the future pathway in 60-acre park site, we recommend constructing the sidewalk along the north side of River Palley Street as a 10- foot, detached multi-use pathway. A north/south public pathway connection through the project, is also required between River Palley Street and the pedestrian bridge. 7'he applicant has agreed to make the connection, but has requested that this connection be allowed to be S feet wide (on the proposed sidewalks) instead of the standard i0 feet wide due to potential impacts to the project. ~la~`efe~-that-a -•~°a~°a° "°•°a ~° ""r' " ~" Q.~Staff sulauorts this request provided the applicant maintains the narrower uathwav, sign it for the public, and construct a 10-foot north-south connection along Allv's Wav. (Please see conditions of approval in Exhibit B.) Ditches, Laterals, and Canals: The South Slough runs along the northern boundary of this site. The Downey Sublateral runs along the southern boundary of the site. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be cOVered. The South Slough is a natural waterway and wild remain open; the Downey Lateral shall be covered Per the Comprehensive Plan, the South Slough should be improved and protected with development of this property Note: The structures depicted on the site plan along the southern boundary encroach approximately 12 feet within Nampa Meridian Irrigation District's easement for the Downey Sublateral. Staff spoke with Steve Earl, Mason & Stanfield, regarding this issue and he stated that the lateral was going to be relocated 2S feet to the south. If the lateral is relocated, the structures would no longer be within the easement At the time of CZC application, the easement should have already been relocated, OR the structures shall be relocated outside of the easement: The applicant should submit a letter from NMID prior to the next Commission action on this project documenting that they are amenable to relocating the lateral and easement , ,. will not allow landscapins (r.~ trees) within their easement for the Downev Sublateral and if there is not sufficient room outside of the easement for the street buffer. the applicant shall provide an additional Sifoot wide stria for IandscaoinP outside of the NMID easement: per UDC II 3B-7CI6; Pressure Irrigation: The City of Meridian requires that pressurized irrigation'systems be supplied by ayear-round source of water. The applicant should be required to use any existing surface or well water for the primary source, ff 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 used,. the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Regency at River Valley (revised) PAGE 19 CITY OF M~ERI'DIAN PLAAGNING DE~TMENT STAFF REPORT FOR THE HEARIIV~TE OF MAY 20, 2008 Certificate of Zoning Compliance (CZC): Staff is requesting as a DA provision, that a CZC application be submitted for approval of all parking and common areas on the site prior to submittal of CZC's for structures on the site. Additionally, a Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all of the proposed multi-family and/or commercial structures within this development. All structures must substantially comply with the building elevations submitted with this application (see Exhibit A), the architectural standards listed in UDC 11-4-3-27E for multi-family developments, and conditions of approval and DA provisions listed in Exhibit B of this report. Additionally, any future structure(s) proposed on the commercial portion of the development is required to comply with the design standards listed in UDC 11-3A-19C for structures located along entryway corridors. NOTE: A CZC application may include multiple/adl multi family structures within the development. Private Streets: The applicant is not proposing private streets within this development. For addressing purposes, the Fire Department and Pablic Works is requesting that private streets be provided within this development. The applicant shall submit a Private Street application to the City prior to the City Council meeting. Per UDC 11-3F- 4, all private streets shall be designed and constructed to the following standards: A. Design standazds: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to all applicable properties. 2. Connection point: Where the point of connection of the private street is to a public street, the private street shall be approved by the Transportation Authority. 3. Emergency vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Meridian Fire Department. 4. Gates: Gates or other obstacles shall not be allowed. B. Construction standazds: 1. For conversion of an existing facility to a private street at the direction of the Fire Marshall: a. All drive aisles shall be posted as fire lanes with no pazlcing allowed. b. If a curb exists next to the drive aisle, it shall be painted red. 2. For all other private streets: a. Roadway and storm drainage: The private street shall be constructed in accord with the roadway and storm drainage standards of the Transportation Authority or as approved by the City of Meridian based on plans submitted by a certified engineer. b. Street width: The private street shall be constructed within the easement and shall have a travel lane width of twenty-four (24) feet or twenty-six (26) feet as determined by the Fire Marshal relative to the height and size of the proposed structures that adjoin the private street. Due to the height of the proposed structures, the Fire Department is requiring a travel lane of 26 feet ~newr~ The site elan submitted with the private street analication reflects this reuuiremen~ Regency at River Valley (revised) PAGE 20 OITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE.HEARIN~TE OF MAY 20, 2008 c. Sidewalks: A five-foot (5') attached sidewalk or four-foot (4') detached sidewalk shall be provided, on one side of the street i~n commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists. Five foot wide detached sidewalks are proposed in front of the structures adjacent to parking. d. Fire lanes: All drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. i~t~e-dis#~ist; . ,. Annlicant withdrew request for temuorary access at the Commission hearing on March 6.2008. 4. Variance (VAR-0&002): The applicant is requesting approval of a Variance to UDC Table 11-3C-6 for a reduction in the number of parking spaces required for multi-family dwellings in covered carports or garages. UDC 11-3C-6 requires multi-family dwellings with 1 Regency at River Valley (revised} PAGE 21 CITY OF MERIDIAN PLANNING DE• TM~EN'I` STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 bedroom to have 2 parking spaces per unit, l in a covered carport or garage. The site plan shows 48 -bedroom units, which requires 48 covered spaces and 48 uncovered spaces. Multi-family dwellings with more than 1 bedroom are required to have 2 parking spaces per unit in a covered carport or garage. The site plan shows 156 units with more than 1 bedroom, which requires 312 covered spaces. A total of 360 covered spaces and 48 uncovered spaces are required on the site (408 total spaces req.uired). The applicant has provided X93 299 covered spaces and ~3 I09 uncovered space (408 total spaces proposed). A variance is requested for a reduction in the number of covered parking spaces required from 360 spaces to ~-5 299 spaces. The reason for the variance is that an 80-foot wide Nampa Meridian Irrigation District (NMID) easement exists along the entire northern boundary of the site where the South Slough is located. NMID does not allow permanent structures to be built within their easement. In order to grant a variance, the City Council is required to make the following findings (per UDC 11-SB-4E): a. The variance shall not grant a right or special privilege that is not otherwise allowed in the district; b. The variance relieves an undue hardship because of characteristics of the site; and c. The variance shall not be detrimental to the public health, safety, and welfare. Staff has reviewed these findings and while Staff does not believe that granting the requested variance would be detrimental to the public health, safety, and welfare, Staff does find that granting the subject variance would allow a right or special privilege that is not otherwise allowed in the district_formultl-family developments. Further, Staffdoes not believe an undue hardship exists because of characteristics of the site in which the City should grant a variance. Staff believes that a residential structure(s) could be removed and the site redesigned in order to have additional room for the amount of UDC required covered parking spaces. For these reasons, Staff recommends that the requested variance for a rednction in the number of covered parking spaces required be denied and the required parking'be provided on the site per UDC requirements. (Please see Exhibit D for a detailed analysis of the required facts and findings for a variance request.) 5. Private Street (PS-08-004): The Applicant submitted a Private Street application on 4/18/08 requesting approval of private streets within the development, per requirement of Staff for addressing purposes. The applicant is proposing 2frfoot wide streets within the site, .per. requirement of the Fire Department. Staff is supportive of the proposed Qrivate street applicatiOII. The proposed private streets shall be constructed in accordance with the standards listed above. per UDC 11-3F-4. b. Staff Recommendation: , > > Staff is generally supportive of the requested annexation & zoning of 10.56 acres to R-40, ~••• ~° ^^* ~••^^^~'~•~° ^F and the request for annexation & zoning of 1.5 acres to C-C (see Analysis, Section 10, for more information). Further, staff is general°ly supportive of the CUP for amulti-family development, but is not supportive of oi~-e€ the requested Variance application. Staff .is supportive of the request for private street (PS-08- Regency at Rivet Valley (revised) PAGE 22 CITY OF MERIDIAN PLANNING DE~TM~ENT STAFF REPORT FOR TI•I~E HEAR~IN~TE OF MAY 20, 2008 0114) within the development Therefore, staff recommends approval of the subject AZ,, CUP and ]PS applications and denial of the subject VAR application See the Analysis in Section 10 and the Findings in Exhibit D of the staff report. 11. EXI3IBITS A. Drawings 1. Vicinity/Zoning Map 2. Site Plan (dated: ",~ 3/12/08) 3. Landscape Plan (dated: ~ 11/US) 4. Elevations for Building A 5. Elevations for Buildings B & C 6. Colored Elevations for Buildings B & C (24 unit structure) 7. Elevations for Buildings D, E, & F 8. Elevations for Buildings G & H 9. Elevations for Building I 10.. Floor Plans of Multi-Family Units 11. Clubhouse Elevations & Floor Plan 12. Gazebo Elevations 13. Garage Buildings #1 & #7 -Elevations & Floor Plan 14. Garage Buildings #2, 3, 4, 5, & 6 -Elevations & Floor Plan B. Comments/Conditions of Approval 1. Planning Department (DRAFT) 2. Public Works Department 3. Fire Department 4. Felice Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District F€ei~cen C. Legal Descriptions & Exhibit Maps 1. Proposed Annexation Area 2. Proposed R-40 Boundary Regency at River Valley (revised) PAGE 23 CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARIN~TE OF MAY 20, 2008 3. Proposed C-C Boundary D. Required Findings from LJnif ed Development Code Regency at River Valley (revised) PAGE 24 ° CITY OF MERIDIAN PLAI~FI~TIN~PARTMENT STAFF REPORT FOR THE HEARi~ DATE OF MAY 20, 2008 A. Drawings 1. Vicinity/Zoning Map I F a l~ 1C I~ 15 I~8~' _r I~ 4 R1 ~T T Rl GG Site ~~ E F I~ 1C Rl Ar 1 ~~ a 3 a x W Y Q /~- C w a 2D Exhibit A ' CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THEHGE DATE OF MAY 20, 2008 2. Site Plan (dated: ~-S/86 3/12/08) R6Yw`QNFYATRN~R VAtLFiY • ~nasa.s rte s yes • dat assert a ~~•~ !k 1 .; w^~''°i~a. ~ • ., ~ ~ 4 __~ •_ ___ K A•'+. ICY Oda w~¢41a •mP~. ~_ ~ ~ ~ .smamss er • ~ ~ ~ ~~~ .rb+s~.a ~ p_ ."~ ..w'~C'~ r°....'w~ ~° ..: r..r S `~__ .p + f I m _ r f n•x msa g ~ m e ~m°USY.• ~~ 9 ~ «~eawrsw sae ns CG® ~lN Q (Opp •7ai1 PlOYA ®Yi wD®Ax '~~~, ~. ~ 3 r+ . Via. wow. ~ E i .e ~~e 4 ~ ~ f agn~ggg~avrre Aa 1 'i~ s, ~ 1 ~ j j ~ _,~ '' erm~..~a. eeto ~ __~ m ~ .. ~,: . 0 `,~ ~~ m. ff . eeee u~4- -___._ -._.__.~_ a ~. ~ _ ffi~. ~ -~:.. cut Emfu rglC' mm ' fii.Ut~'AS.°i1tL4P°" ~ Exhibit A ' CITY OF MERIDIAN PLAIV~NII~PARTMENT STAFF REPORT FOR THE HEA~G DATE OF MAY 20, 2008 3. Landscape Plan (dated: "'z.,.~ 1/08} ~; ; ~, .. ~~ : ~~ ~~ P 1 .~ 1 ~~ • 1lfNIR'il'iil(tFTIQO~~AR11(@~~0 CONCEPTUAL SITE PLAN -- _ APgATMENTQOMMIUNITY ..~ -. 4, .`'~. .r.i • yaaanwua bA'CamadDmlSig6Ws ~ ~ • ' • ~~ ` ~_ d , ~ ~ `~ , ~ ~ ~ ` G ` - - ~ 'mil ' ` ~~"t: ~ ~ ~ w Exhibit A CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE G DATE OF MAY 20, 2008 4. Elevations for Building A tt`x- ~~ I~R~A1•MCi a9N:, J~Cat O~RIa •~ 1~ i9s;p4 $ltigr SYO sme euvatuu ~-.r=+ LL~e mN ~~ e Q .~~jQ WQ da° ~~ Exhibit A • CITY OF MERIDIAN PI,ANNII~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF MAY 20, 2008 5. Elevations for Buildings B & C a.o ~.es. ,.ad.o.,.c.,a. u„N o~ Yeiw)Km II C+ 'r ~+.4~otlCM laO Y ~~~ Wii. = G r a ..N ~~i~^iW~4'b 1 I~I ~II ~ III ~ ~1 I ~ ~ ® 1 5. OIfJ ®~ ~ ~ F sma ~vmau ram-~~e+ ~~ ~ g g` .F i 1.: .. U : : III hII I ~ ~~ ~I,IIIII Q ~ . . } ~m ~. ..~. _ ~ ® ` eua~~ Exhibit A ° CITY OF MERYDIAN PI,AMVI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF MAY 20, 2008 6. Colored Elevations for Buildings B & C (24 unit structure) .,i ~~J.. ., J~~_ ~ _ fry t V - ¢ • `' - ., : 80 ~ - L='~J _ _~~/ ` - I o ~ e o a g~ d cy/ , ~ ~ Cs ~~ ~.` _~ _ a :~do mQS °!~' ... R'e.;~~ o a Q; o,,,~c~QS ®~ o ~ _ ~° ~.y s~ Exhibit A ' CITY OF MERIDIAN PLANIdl1~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF MAY 20, 2008 Elevations for Buildings D, E, & F W a ~_ 551 J~A ~~ B t/I Z 0 4LL ~W O ~O Exhibit A L CITY OF MERI+DIAIV PLANNI'N~EPARTMENT STAFF REPORT FOR THE HE G DATE OF MAY 20, 2008 8. Elevations for Buildings G & H t,'wO.b Ilil 0 ki1K-: nE7 Y.'19IIXaS ~IIO J TROt~ R IIE6R _ '~~ +~~ a ~~ N Z. C 4 ~~ O~ m Exhibit A ` CITY OF MERIDIAN PLANNI•N~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF MAY 20, 2008 9. Elevations for Building I Exhibit A CITY OF MERIDIAN PLANNIN~I'ARTMENT STAFF REPORT FOR THE HEARI]~G DATE OF MAY 2Q 2008 1 Q. Floor Plans of Multi-Family units iii n.~^_ _ .,~. ~ «.~, ~ ,~.~ .. °n~pa 38EDROOAAPLAN 79211 ~ .= u wrls J ~~ ' _~ ~~. ~~, ~~ .~ ~s i ~L 2 BEORpOEq PIltN 7.LLri an as 1 p, - eaar j ~s,a,. mo °q1D IL"L.. ~~I~ i ~Ik1'e cau+o es~ 7aao~ew ` ~ unmet ~ wad I ' 1 i a~ KLI ~ Pat N4.6 ~ 2 BROOM PIAN ~ 1 9EOROOIE PIAN 7,n0 ey ~ ' en q• + ~ ~7r7s i » uv~s - .~~, 's ~~ ~~ Exhibit A ' CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF MAY 20, 2008 11. Clubhouse Elevations & Floor Plan :$. _-~ - - . - : o . ~~ .. .~ _ e% a ~,~~ >'~! iL6N~ _-r-----~ n-_-__-____-f I 1 I I •I e I :-•-_~----s~dkdbdh dbdbdhdkdkdkdb dbdbdb~dkr-~____~ ~ 1 r I la nullnunouu nuuuau•I ~ I 1, -I i lanulluunounu°xnonl 1 L__ _ tmvrgravgparqp~aqp~v~arar~lrm'ap 1 1 1 hh k------- ---- -------'+ -- t ' '~ slur t___ ~ ~ k --~- u i ^ ~Q __ - -'Q --- - ---- _Sr -MMAKi YEOL I' i^ y Haan I waufl IQNS . ' ~ ~-~ r---------1 ~ ~ '~ awry .. r t 1 a~wirtooa t ~ ' ~r-- 1 I I ~. ~ ~ ~` 1 .M I 1 1 ~ y..' ~ aa~eim I 1` 1 1 1 ~ ~ j ~ I `~ . I ' I• dt'sf~ ~ ~~ 1 ~ ~ ~, X_.~~~'°~•, `~ T`~ t' yam: ~ i I I .6MBP111~ 1 1 `I - ~• 1 l• ~ 1 1 1 1 I 1 c--~---------'1 1 1 1 I ~ 1 il~~ 1 L-------- 'r__-__---J 1 __-a I 1 I 1 I swat ' awwo~awu L------y--.---J Exhibit A CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HG DATE OF MAY 20, 2008 12. Gazebo Elevations nx i yr {f- O RORR p4P ~.lO! - TAti~~o ~~ i?{.°rV•tC , rQx'..AQ4'• ~`~ ^ ~;` y^i. 1~7'4CEw,`f0. ~ ' • i~. ..:1v 1•. ti .. ^yyt ~ 7e r,~'4" K ~[ ~ 11 O F sM Qpt~RL^ I[Fi~ RRiif II~T~ gg aaQQ C~! Q 4 Exhibit A CITY OF MERIDIAN PLANNIN~EPARTMEIVT STAFF REPORT FOR THE HE G DATE OF MAY 20, 2008 13. Garage Buildings #1 & #7 -Elevations & Floor Plan iii (1017 C8ia110t1 m-var . i i • 9 ~ W zr~--fir a i Q.Iili9fl }~ ~. ~i~•V Exhibit A CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA1~ DATE OF MAY 20, 2008 14. Garage Buildings #2, 3, 4, 5, & 6 -Elevations & Floor Plans ~~ e[eu~ ~.KiL YH{Yf /~,~ m ~SRGA f+W ~ A@ Rt! .-+rane~erre ~+.tutae+ee RIGNR ECEV~TON senHr n~vsnnrc ~^1' ~ z z a s c of ~. i '<" QORA4E FLQQB PLr.M p2-,SIB ~~9~~ ~ -'~ . a :'~ i~ ~` ~~~ ~2 Exhibit A 'CITY OF MERIDIAN PLANNING >~ARTMENT STAFF REPORT FOR THE HEARtIV~ATE OF MAY 2U, 2008 B. Cex~ex~Condtions of Approval • 1. PLAN°NING DEPARTMENT (DRAFT) 1.1 Annexation & Zoning Comments 1.1.1 The legal description submitted with the application (stamped on June 14; 2006 by Darin Holzhey, PLS) is accurate and meets the requirements of the City' of Meridian and Idaho State Tax Commission 1.1.2 The applicant's request for annexation and zoning of 10.56 acres to R-40 is approved. The applicant's request for annexation and zoning of 1.5 acres to C-C is net approved. 1.1.3 Prior to annexation ordinance approval, the applicant shall enter into a Development Agreement with the City. Said Development Agreement shall be signed within ~ l l< of the City Council's approval of this application. See section 10 above for analysis and comments regarding the Planning Department recommended Development Agreement provisions. 1.2 Site Specific Requirements -Conditional Use Permit 1.2.1 The site plan, labeled as Sheet 1 of 1, prepared, by Mason & Stanfield, Inc., stamped by Scott Stanfield on ~3~f98 3/12/08, is net approved with the conditions stated herein. ~~~~* ~ ^ a~-M r.. 8a~,~ Sl~t~~~v '~a'-sa'-oe~ e8R-8~" ~E'-rr"'-arid . All comments of the accompanying Annexation & Zoning (AZ-08-003) application shall also be considered conditions of the Conditional Use Permit (CUP-08-004). 1.2.2 The landscape plan, prepared by Bach Homes, dated 1/08, is approved with the following modifications/notes: a. Per UDC Table 11-2A-8, a 20-foot wide street buffer is required along the future extension of E. River Valley Road. l1NMID will not allow landscavinP (~~ trees) within their easement for .the Downev Sublateral and if there is not sufficient room outside of the easement for the street bu er the licant shall rovide an additional S- oot wide stri or landsca in outside of the NMID easement per UDC II-3B-7CIb; b. • Per UDC Table I 1-2A-8, a 20-foot wide street buffer is required along Allys Way; c. Per UDC Table 11-2A-8, a 35-foot wide street buffer will be required along Eagle Road/SH S5, an entryway corridor (upon development of the commercial portion of the site when annexed). d. A 25-foot wide buffer shall be provided along the east side of the C-C zoned portion of the site adiacent to the multi-family development and along the south side of the C C zoned portion of the site IF a residence exists at the time of CZC submittal e. Per UDC 11-313-8C, a 5-foot wide perimeter landscape buffer is required adiacent to parking and veWcular use areas along the north boundary of the site and adiacent to the existing.residence on the west boundary of the site Said buffer is required to be planted with one tree per 35 linear feet and shrubs lawn or other vegetative ground cover. f. Include mitigation details for the 9 existing trees on the site, consisting of 120 caliper inches, proposed to be removed, in compliance with UDC 11-3B-10. Exhibit B CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARING~TE OF MAY 20, 2008 g. Per UDC 11-4-3-27, all street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following standards: • 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. h. A 10-foot wide multi-use pathway and bridge over the South Slough shall be provided on the site in accordance with the Parks Department conditions contained below in Section 5, the standards in the 1Vlaster Pathways Plan, and UDC 11-3A-8. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the Certificate of Zoning Compliance application(s). 1.2.3 Twenty-six foot wide private streets shall be constructed within this development in accordance with the standards listed in UDC 11-3F-4. Further. the applicant shall comely with all of the standards listed in UDC 11-3F-4 for private streets. 1.2.4 The applicant must either install wheel stops for all parking adjacent to sidewalks or landscaping or- the sidewalk or landscape area maybe widened 2 feet to allow for vehicle overhang, and the stall length may be reduced by 2 feet (from 19' to 17'), per UDC 11-3C-SB. 1.2.5 Bicycle parking is required to be provided on the site. Per UDC 11-3G-6G, 1 bicycle parking space is required for every 25 proposed vehicle pazking spaces or portion thereof. 1.2.6 The applicant should submit a letter from Nampa Meridian Irrigation District ~ieF-te-~e documenting that they are amenable to relocating the Downey Sublateral and easement that currently exists along the southern boundary of the site. If NMID is not amenable to relocating the easement, the site plan shall be revised so that structures are located outside of the easement Additionally, if 11~MID will not allow landscaping (i.~ trees) within their easement and there is not sufficient room outside of the easement for the required street buffer along River Valley road, an additional S foot wide strip shall be provided jor street buffer landscaping. 1.2.10 The applicant shall dedicate right-of--way and construct Allys Way in accordance with ACRD standazds, in alignment with Allys Way north of the site, on the north side of Ustick Road. A std sweet driveway shall be constructed for emersencv access only to/from the site to/from Allys Way that meets the Fire Department's turning radius requirements stated below in #3.3: 1.2.13 Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the azea being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written.approval or non approval submitted to the Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. Exhibit B CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARING~TE OF MAY 20, 2008 1.2.16 All sgnage for the site requires approval of a sign permit. All signage must comply with UDC 11-3D-8I and 11-3D-10, Table 2, for subdivision identification signs. 1.2.17 An underground, pressurized irrigation system shall be installed to all landscape areas within the development per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9- 1-28. Z. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in North Eagle Rd. The applicant shall install mains to and through this subdivision; the applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in N Eagle Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via a plat, but rather dedicated outside the plat process using the City ofMeridian'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 EXHIBI'T' A) and an 8112" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to issuance of building permits. 2.6 All existing structures that are required to be iemoved shall be prior to issuance of building permits. 2.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved'by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval subnutted 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 issuance of building permits. 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-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. Exhibit $ CITY OF MERIDIAN PLANNING DF~TMENT STAFF REPORT FOR THE HEARING ATE OF MAY 20, 2008 2.9 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.11 A letter of credit or cash surety in the amount of 110% will be .required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to issuance of building permits 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 obtauring 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 issuance of building permits 2.14 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Penmitting that maybe required by the Army Corps of Engineers. 2.16 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.17 All grading of the site shall be performed in conformance with MCC 11-12-3H. 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 steal°1 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 the multifamily buildings is at least 1-foot above. 2.20 The applicants design engineer shall be responsible for inspection of alI 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 certif cation 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 tie 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. All streetlights shall be installed at subdivider's expense. Typica•1 • locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. Exhibit B CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a cleaz driving surface which is 20' wide. 't't+° ~:-~ *~---~-~•--~-• ~ ~- r ~~1~-~n~ing rorli~aa a a~. ~ r+~d t;~.. 'c....a~..,.. at. a. ~• ..~ - 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 '/: tie diagonal measurement of the full development. The applicant shall provide a stub street to the property from Aliys Way at the east boundary of the site. See fire code 503.1.2 for multi-family developments over 200 units.- The applicant has revised the site elan to include an emergency access to Allvs Wav: however in order for this to meet the aforementioned reguarement7 a street connection needs to be provided either north to Ustick or through the CenterCal proved to Fairview ' 3.6 Conunercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.7 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.8 Maintain a separation of 5' from the building to the dumpster enclosure. 3.9 Provide a Knox box entry system for the complex prior to occupancy. 3.10 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.11 The Fire Dept. has concerns about the addressing of the existing house and the address being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.12 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire appazatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). Exhibit B CITY OF MEWDIAN PLAN~NI•NG D~ARTMENT STAFF REPORT FOR THE HEARIN• TE OF MAY 20, 2008 b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.13 All R-Z occupancies with 3 or more units shall be required to be fire sprinklered. 3.14 Tliere shall be a fire hydrant within 100' of all fire department connections. 3.15 Buildings over 30' in height are required to liave access roads in accordance with The International ' Fire Code Appendix D Section D105. The Z6' wide roads shall be required to be a max of 30' from the building, and shall be positioned parallel to one entire side of the building. The fire sprinkler system is required to be upgraded to a NFPA 13; contact the Fire Department. 3.16 Emergency response routes and file lanes shall not be allowed to have speed bumps. 3..1'7 Pool chemicals shall be stored in compliance with the International Fire Code. 3:18 Multi-l anuly and Commercial projects shall be required to provide additional 60" wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the pazking stalls shall be provided so that building access is~provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code complaint Handicap pazking stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for details per lFC Section 504.1. 3.19 Private streets are required within the development for addressing purposes. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design subnutt~ed with the application. 5. PARKS DEPARTMENT 5.1 Applicant shall construct the sidewalk along the north side of River Valley Street as a 10-foot wide, detae~ed-multi-use pathway. A detached nathwav is strongly ureferred, wending approval by AC13D and NMID Awwlicant shall cover the cost of replacine the detached pathway if necessary due to future irrigation facility maintenance 5.2 Applicant shall construct ' the sidewalk alonE the west side of Ally's Wav as a 10-foot wide multi-use pathway 5.3 Awwlicant shall construct a 5-foot wide mininnum multi use pathway through wroiect, connecting between River Valley Street and the pedestrian bridge Awwlicant shall ~manntain the 5-foot path section and sign it for public access ~~ 5.4 Applicant shall design a pedestrian crossing at the South Slough/Finch Lateral, secure necessary permits from the irrigation district and City floodplain administrator, prepare cost estimates, and provide funds iri a trust for half the cost of constructing the crossing. 5.5 All pathways, except as noted in these conditions of approval shall be built to the minimum standards published in the Comprehensive Pazks & Recreation System Plan, pgs. 3-2 through 3-4, sections B and C. 5.6 An easement shall be provided for public access to and maintenance of the pathways. The City will not assume maintenance of the pathway until it connects from one major arterial road to another, unless otherwise agreed to by the Pazks & Recreation Department. Exhibit B CITY OF MERIDIAN PLANNING DARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 6. SMiITARY SERVICE COMPANY 0 ~~'s heari~na Z'hsaA is ~~r~,r~ -'-- -'-- a a•~ .• •~ a • r O ~ basaa ~ , The .site elan has been revised to comely with SSC reauirements 7. ADA COUNTY HIGHWAY DISTRICT In response to your request for comment on VAR-08-002, the Ada County Highway District (ACRD) Planning Review staff has reviewed the submitted application and site plan. It has been determined that there are no site specific requirements for you at this time due to the fact that: • This development will generate less than 10 vehicle trips per day (VTD). If the site plan or use should change in the future, ACRD Planning Review will review the site plan and may require improvements to the transportation system at that tune. Prior to final approval you will need to submit construction plans to the ACRD Development Review Department to insure compliance with the conditions identified above or for traffic impact fee assessment. This is a separate review process that requires direct plans submittal to the Development Review staff at the Highway District. • A traffic impact fee may be assessed by ACRD and will be due prior to the issuance of a building permit. Contact ACRD Planning & Development Services at 387-6170 for information regarding impact fees. 7.1 Site Specific Conditions of Approval 7.1.1 Comply with requirements of ITD and City of Meridian for the Eagle Road (SH-55) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact the District III Traffic Engineer at 334-8340. 7.1.2 In the right-of--way to be provided by the development to the south, construct the portion of River Valley Street abutting the site's south property line as a half street section with a minimum 24- feet of pavement, vertical curb and gutter on the north side, and a 3-foot gravel shoulder with a barrow ditch on the south side of the roadway. 7.1.3 Dedicate a muumum of 40-feet of right-of way from the east property line out to Eagle Road for the construction of River Valley Street prior to plans approval or issuance of a building permit. 7.1.4 Construct a 10-foot wide multiuse pathway along the south boundary of the site, inside a public sidewalk easement, north of and parallel to River Valley Street. Pipe the Stokesberry Lateral wherever it runs between the path and the River Valley Street right-of--way. ff any portion of the Exhibit B CITY OF MERIDIAN PLANK°ING DE~TMENT STAFF REPORT FOR THE HEARIN • TE OF MAY 20, 2008 path lies within an irrigation easement, the sidewalk easement shall be recorded prior to the irrigation easement. 7.1.5 In theright-of--way to be provided by the development to the south, construct the portion of River Valley Street between the site's southwest corner and Eagle Road as an off-site street improvement, with a minimum of 24-feet of pavement and minimum 3-foot gravel shoulders and borrow ditches on either side. 7.1.6 Provide ACRD with a road trust deposit for one-eighth of the cost of installing a traffic signal and full intersection improvements at Eagle Road /River Valley Street. 7.1.7 Construct Allys Avenue intersecting River Valley Street at the east property line as a complete collector street section with vertical curb, gutter, and 7-foot attached concrete sidewalk. Extend the section from River Valley Street to the south easement line of South Slough irrigation ditch. Dedicate 64-feet ofright-of--way containing the constructed portion of Allys Avenue by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of way dedication after receipt of all requested material. 7.1.8 Construct an emergency access on Allys Avenue approximately 140-feet north of River Valley Road. Install a restrictive device to allow emergency access only (i.e. gates, bollards, etc.) to be approved by the Fire Department '7.1.9 To accommodate the extension of Allys Avenue across the South Slough irrigation ditch, either: a. Provide ACRD with a road trust deposit for one-half of the cost of constructing the crossing of the South Slough irrigation ditch at the northern terminus of Ally's Avenue, or b. Construct a bridge over South Slough and extend A11y's Avenue as a full collector street section to the north bank. One-half the cost of the bridge construction may be used to offset the road trust deposit required in condition 6 for the signalization of the Eagle Road/River Valley Street intersection. 7.1.10 Locate the western driveway on River Valley Street no closer than 500-feet east the centerline of Eagle Road. Construct it as a curb return with minimum 15-foot radii, 46-feet wide (back-of curb to back-of--curb) with a center island, and paved its entire width and'at least 30-feet into the site 7.1.11 Locate the eastern driveway on River Valley Street no closer than 175-feet from the western driveway or the intersection of Allys Avenue (near-edge to near-edge). Construct it as a curb return with nunimum 15-foot radii, to be no greater than 36-feet wide (back-of cuib to back-of- curb), and paved its entire width and at least 30-feet into the site. 7.1.12 Coordinate all germane design and timeline functions with I'TD, ACRD, the adjacent property owners, and Meridian City.concerning the connection and alignment of River Valley Street to Eagle Road. 7.1.13 Provide access (and all necessary easements) to all adjacent parcels with frontage on Eagle Road to ensure them future access onto River Valley Street through the site. 7.1.14 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. Exhibit B CITY OF M•ERI•DIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old aze not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. ?.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISFWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify al•1 existing utilities within the right-of way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) aze compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized • representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B LITY OF MERIDIAN PLANNING DTMENT STAFF REPORT FOR THE HEARIN~ATE OF MAY 20, 2008 C. Legal Descriptions & Exhibit Maps 1. Proposed Annexation Area ~VIA.~541~ 8rt S'!'Af~IELI~~ INS. P~o.~i~ssrox~i:~E~iiv.s, Z.aTVbSt~Bi%EYORSi~i~' ~~4 ~A~1©F;A•SIREE;t' Cac:~iv~t,, i'ua~o~t{3do8 ~Ok $ac}i:$taldens• ~J..OB:I`T~; ~f205 n~~; Al}ir ~I:g, Zo4s T~--ail: dbo7zhey~rY$e~:us RE~i~D• A.NN'1XAT10N •Z~II;E~IPE~T'1' DF~CZZ.IP`;I'lI:O~T A~T~b:HX R~~ORU ~?A~'~, Aparrgl.of~;land inge pol~ii~n ~~3h~~SVlt :pJ4-1/4' of S~ori 9;?owln~h%p'3 Notts Range 1 'fir. z4~ise•~!eridittriy C~tj''eii•Sian,Ad~~Gotmty7daho,~as shown ctn tliaice,ii~ra ~Rec~td of purvey ~-10,. Sb3$; reeordetl as InsirurngbY 3Vo, l`0412441.~ pn ~$ept: 28,.2004Ln the Office of tl~e~ RQcor~~ iifl!-tiat ~p~aty; !~abp,.°l~y. ~141~in! Saiv~y: Gtoug, Tile...for.Bnan. Weiss,~otae~ Patic!il~ly':~esciilie~~as. #ollovvs+s: Coaimenci~:a't•theldWcti?Aei~ott~it~ $W i•!d•]J11V 1~9,.~iVtiitli l'1T•6'.ctnnerc~mmon~to Sect"ron~4 nn'd'~),: s~idr coriaar s S'.'110°' ~fi' 08'! ~:, a disle of a:Z~I-I:7 feet Erotn•the 1~?'W cpiaer of said Section.;, nec• ~:'0U° 3'6? 1~:" 1~V:, a•dist8iicegf~7f~2t feety.t~fdiy ~Otlt7ia, along`the w~sterhy:boim~ary ofSeid' $~ 1/4 TTW l/4.:to f1iePC?1_ Off' BE~~Y#~fG; 'ITfience.S.,$9° ~' 49''`1•:.~;sd%st~ce.of yb.ao:fe~t;.(f~oi~nierly.:~r),.io a~~,ioiat oa:theess~l~ 2iui~ii8¢y: ~f'thaf •~er~in.1~.arraitty.l~ed' wed ~s Tnstrvn4~t ~to:930~ 843~i in~ tie Q~ce of tie. 1~eebrdei; oEA~a. Coun~?,,Idakci, st'ud~oiijt~sntusi~~ri4eit vi~t~li•afpaad'3l8'inrfi diameter iron..p~a n"a_rice?~ `•'•I~SG I~1$ 7314'x; - 71~e4ce a~c~ng,tli.~ •btiju~dary.:oF,seid 1~e~ord.ofSi~u~vey~1~(o.:6b38~t1ae~~oltow.i~g.gourses aad~ flit costinu~iig ~$: $99''•2'.49" E.; ~ dst~nce:piL 23:o.Q0. ..(fbrmer~r~St~ to a found '3~8 ilacJ dlatnetirc:ptn.mar{ted "A:SG P1tS''13~1.4' ~nce'N.:~° 36' I1" I~,:a~~a}istance tJ.f, 21$:08. fee~.E~oanelY NoitL ~1$;QS f~et~, fo a7ijginf on_Uie soit~erly l~oi>atlet~•aftl~at iienaiti'un:o~Heu"s'`.~~ase i~q:.~1~~ 030.0~20M; i+~ded es;]r~siruaienfl\1o ~'4~D4~(~'l~ i~ ~~ie 0ffice• o~•tl~e ~cordep.ofAda ~ouirty,~delw,. sai~p4imf +aitrtes.${~OU°34' 1,l?'.•~~a-ds~ceofdb:00-feet.$~~Q'tmd5~81ueh:tliameter.itoapin "Tai-~-ce~co_gtia~e$~al'pbg•ihe~bouat~laryofsaidJ%trcaid~dfSwveyl~To: bd38and`along•1hc:~~ttierly. boundaty:ofsar~ln§tu~ieriiNb:~ 1:Qd.6470~9~efoUoc~utse~.attd."~sfances: 1`6ence]~. 84.~3b' 1.1~' ~:,.a disittnce of 1_'~.43'f~et; `~f~s~ N..$3¢•~tNE...7~fo s~Por}i. Exhibit C CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ TE OF MAY 20, 2008 I~I~;6~;&S;;~it~xio 'P1toft'~'`s7o7wib.~J~'-n~xfi~~1J~t1iS?JBt~'YQ~.~e P41~i7±~E1P5'. 'BacFi $lY'ildeas,NliUd F~ti~l4TT~k20~Sq!'YaY~eg6~slR~viso~~ApgCx•dQt~ ~'Y'licaca~S..tiS° J~8."'.~9'} Iv.:, .a• distance ~>` 264:.t~p :~eeta~forinerl~ ~. ~° SS';~.}; to a pvini, :~id• point ~~fe#t $. 454.2b' 7 k~' -VV:, a.diSt~cg of ~A.QD~ feetwitk a:foun~ sd$ inch :diameteir irpo,pin; marYCe¢ teAS.G`.~ALS`' 737a"; 'Tbezlce .~ 34~ 4'8r ~9~ ~ , •a distance of'227 ~0 fe~;~o~erly S~: 3~° ~i'E:)a i9• a pomfi, mid point :refe~iced~ •$.. $6°' 4~' 1:~"- ~.,, it t~s~ice'of~;p a ;5~ ° with n ~ow~d 5l&'i~h diaibete~ iion. pin ,r~irltei~ "i~5,t"i:P1S 7.3.1:4:"° . "Tbetic~.S:. 7 }•° l6' 4i~" E,,. a distaace.•of 132:40 fcet,(f6imeily ~: 7 }~ 5~°E> }, fQ a found Sl$ ine.#~ met iron lsin marked `'ASC P1;S 7314'; 'fhenca S. ~&5°.~~~' 4~" E.,. ~ dish 0~1.74:9Q feet,{faai~r:Iy S. $G° 10'E:),.•tA. apaint; said iioint i+~fer~ced'S. 27° 4~` 23'' ~~ s• ttistancf o~"30:OiI •fcet with •a3ouititi~SB 3~h>ainmettr i~+on.p#- marked "ASS PT:S 73~1.a"r. '7'tierice S~ :40° 4.3' 49" •~~, a `dsttince~•of 3C4:9~8 feet; ~(foit3y S:. 41:° 20'1?.; a das~a?ace of~366 30 fekia; to ~ fo~'ui.~/8 iQn1i c~38.iiRaetei:ircr~'piit.n.$ikecl "ASGPI$ 'F3l•4''; Tticn¢e~ S. '~1°' 3$' 49" >;:,. a distaocss of"99;29 feei,(fdtitterly S..'7ii° 3~$E., a distance bf 9$:34 :feet), to ~~int on the.eastc~lybgiuedar}-:df •sad SW 1/4.7~V 114r saidpoixrt W:itnes~ S. Ot}° 44`48" W:, :a• iii-~taace• kf'?;0.0:0 feet ~t}i, a foiu~d ~/$ incb datitete~t ircn pin~~e~'"~$ty P.~S~ x.3.14 `Thegtctt ~I.eatiin$ ~ sotiil-er'ly. boundary oFs~aidInsuruni~t Ito:. I:P40'470a9• arid• contiituii~g':ahsng the• ~iuii'darX o~~d1~~ioid.of=Siuvey'~Iot 6¢3$z ~: OOa•d0'.4$" W.~a~distanc¢of~l 11•:b9:f~t;(former~y ~Soutly: a di.~tance of ~-fir~6• feet}, along the ~~Jy ~osrudary of mid ~SW I'%4 NVV ] /4 to ttie S1r ;koraec.of`said• S~V I~4.I~i• ]/4, (.Qen'te west. ~f1.6 tscr},.skid' coi~neratgnument~' With n fQtaci_ ,Sl$' iael~ diaagetet.irotii.pi~.ed SAT P~ 434'•!` T3ienc~ T1.'89°:4'5.• 2'}"' Val:;. ~ di~tanee gf9'1'$.~7.feei;(fo~nerly W~ adistagce :of 97:24 feet, ~la~p.$:thcsuutheTlylxii~id$ryaf3adSVlr.'1%4NW_ ti4to••afoi~td`3l$.a~hdiapiet0r:ironpin:aiarked. "ASfl ;l';>,~5:~731~4" w~cb .be~S:- 8~ 43•' :21~' E„ a<tiiste~ce of ~SO,t}0• feet ~o~. ~ SAN coiner of- taid:SW' 1J~~N`~V~ It4;{ ~4•coines.commort.to socliQns a and.~3: '"1'h~ce N: OU° •36' :1 T'° E:,~a>ilistatice of 180:dQ feet: ~foranerly .Narth~. fo ~ found _5/8~:iaclr dieia~ieter •sron piA marked ~ASG~FI.S 73.x4";; T$enCe N. 8~ ~}S' -21''~ W.; a distance of'49:8b• feet;(ftiimetky~'West); to a point on:ihe aasterly~ ~ouuoary.p~that,c..in ~V~arrant~: pew :recorded asm~Nct. ~7d~18b6•n the~Ot~ice ef~- Recoide~••of . Couniy,; Idaho, said' point ~riiriioriur~cpted. w+tjta foiihd'.518~ inch dia$eteivion pip• ~d~"ASG~I:S'~~1.4r' . .. .. . Thence•l~ •~'.36''11"'E.,.e.i~istanca.of~.[45.©i1 fee~.(fo~~nerl~: North al ...... ~ y . o ~ .. easierly brnmdary, :of saici.lostr~irieni No:. ?~,4`I:846. CQ a: POin~ .s~id~point ~w~ ",t~'~.~ed ~S. i10 3:G~' l l " W., •a ~s[anck of ~:1•~4Qs~ootVvti-.a fo',uitc~ S irieTi c~:~meter'3ronpia marked'"ASZ3 PIr5 ~3'a~4.";: Exliibit C CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 ~'"' +l Mh~~i~ii±tv!<xgi~ii,~~: PaDrdN,u Es~'~7x ~ St.{let!~1'71ks; ~k ~uvi~xs Fags 3.•813. Bach H'~1des•, A9ulti •~amiljr~TV121IS1SwweylleSCReV%sgdAju.~extlgc 3~ience N,.:89'•45' 21"'Vl',~.s distanc~o~~3i3:1~4 a{~'~n~ierly W).~oitg t1~e.no~erly'bouoitary. •o#`said: lrispuaient fin; 7TA,18pG ~'~a. ~1~t`.6€ ~. t~e.eas'teily tionadary oftta#~ said Warranty Deed• ~stninzen~N~:s 95~11~$434•s: sa~d~tiint ~ontiniient~ t~th~~a found Sl$ inch dia~ieteri'r~in pia .red .A,S'~~PS~ 73}4 ~ ~ ' ?'hence ~ontin~~ ~,' $~° .45' 2'I" W.,. a' clis~iaco o~ 7a,~p'f~'t, along t{io e~tiension:of ~ait~ ~4t~it~~t~u~i~#aty-tp-:.npoint :od fh~~ vycsterly ~iouiidaFy of said 'S.W i:/4 N'91~ :I /4 Tl~e.Nt .UOp 36' t a"~~„ a~distau~e of2~8,34 ~~t al_bngtlie:eas#erly bbitad~y ~ctf sa'rii Waraai~t~r :1ns~rnmeni ldb:95b~18434 to the. P$3]N`Y' OE $:~G~jN_I.NG. ~:s ;~at±c~l~ coirfau~s I.2:O6 :ae~s• more: or, less. All.accor~ifig ~ta- ~ie.btrd of ~v~y .as.re~~ded i'i.•tbe O$~c~ of the Ala Conaly Rec(ircien .~UB~.G7'••~O: All existing ~l~~ of way •ond•easem+enta o€ record or: ian~lied appeatitng opt the 41i9va"descri:p~ce1 ci'.iand; • T'~is `T,ega1 Ieiptio~f. wa,s v~+lcittfia vvithouc the •Y~eae~t o~sn. o ha, eie :~t~ '~iioun~ary,survey.l~te.ctwses s~, • ~:• w plat :: ni thaX ee~isin ~cord•of•Sorv~}+ ~0~'38' ~tec8rd'ed es ~risfrurr-entNo: T'1.O4a'~40~~1•$~' ar-,th~ Office o€#]ic I~ecmadrAt ~f A~a•~o~tYy Idaho. " _ vN. iii ;:: ar' ~~ , ~~ Exhibit C 'CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARIN• ATE OF MAY 20, 2008 3~ 33 kJ~T~K ~OAQ 5 4 y t~~ aos~s cq~r Satan s« . 1 1`£ ~L 1 Y . 1~ ~ ~ a , Q ~ P~fi :OF • 'B~G~I~tts ~•. ~ ~ .. ~~ ~ ~~ o c•~ . - L~ TA~:~ lNE B EARNG. ' [~T. IK ' + p ~ ~ ~ "~ 7 W ~ W 1 ' Y6 ~ p~ iy~~ S~' li~ N y ~ / y ~ ~1IaW 'CS' S'Bb:. .151J• 11;50 . L4 5~7'42'?3'i3 30An. nr~•~s'2~'w . ~~` ~, ~ ~.~~ Acres. `~ ~` ' ~' ~ ~~ ~ ~ ~ ~ '^ ~ _ ~ a, ~~'~ ~`~k'W fit' ~~~'i~ t ~S ~/4 osier --~:!~'•:~° _ ~,ba_ ...~. _ _ _ _ ~ ~i~i 'Pa7 4S t1f7• 7i R~~: p A~ BY a .io0: goo l~1~25 woRKS ~~ LEGiEND~ 0 0 -C~tct~ofed ~ob~f F,•oalrrd brass: Fop iyienf Found 5/8 ~ c![a iron .~ w/~ ~P wA•S{3 PL5 7~T4°. unless ofherwtse notesi. bJit~eess. earrtPr !~el~e~o ~crnar+e~tf Piop"erfy da~~~. i ~Cf~on Jane Exhibit C on; aso~ t _ -~ 1 asw~erir.naaar. `CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 2. Proposed C-C Boundary ~~~~ ~ Prbfessiohal Eia~inears, Land Surveyors and Planners ~• .. ,~, 314 Badiola St. Cald~YBU, ID 83605 • ~~ ~D. U ~~ ..s jnc: Y Pia (208) 45d-0256 Faz (208) 45.4-0979 eaoail: d~olzhe sa`" "ngus FOR: Bach Builders JOB'NO.: NVI205 DATE: June 8; 2006 ANNEXATION PROPERTY DESCRIP'1TON PARCEL 1 A parcel of land being a portion ofthe Sw 1/4 Nw 1/4 of Section 4, T6wuship 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, as shown on that certain Record of Survey No. 6638, recorded as Instrirme~ No.104124018 on Sept. 28, 2004 is the Office of the R~rder of Ada'County, Idaho, by Aadetson Suiirey Group, .lnc.lhrBrian Weiss, .more partictilarly described as follows: Commencing at the SW comer of mid Swl/4 N@Vl/4, (Wl/4 comer of Section 4}, acid corner monume~ed with'a'brass disk; Thence N. 00° 3b' OS" E. a distance of 543.94 feet alon~the westerly.boundary of said S~VI /4 NR71/4 to the POIINT OF BIEGINNYNG,; Thence. $: 89° 23' S2" E. a distance of 70:00 feet perpendicular to said westerly boundary to a point monum~ted with a founds/8>inch dia~oaeter iron pin; Thence continuing S: 89° 23' S2" E. a distance of 23.0:00 feet •to a found 5/8-inc)i diameter imn pia; Thence S. 00° 33' S4" W. a distance of 217.06 feet to a found 5/8-inch diamder iron pin; Thence, N. 89° 45' 23" w. a distance of 230.15 feet parallel with the southerly boundary of said Swl/4 Nwl/4 to a found 5/8-inch diameter iron pin; Thence, N. 89° 45' 23" w. a distance of 70:00 fcet parallel with tine southerly boundary. of said Swl/4 NW l%4 to a found 5/8-inch diameter iron pin; Thence N. •00° 36' 11" >r a distance of 218.94 feet parallel with the westerly boundary of mid Swl/4 Nwl/4 to the POYNT OF BEGIIVNIING. This parcel contains 1.30 acres more or less. Also, this parcel' is subject to all easeni~ts add rights=of way of record or implied: Exhibit C CITY OF MERIDIAN PLANNING D~ARTMEI~iT STAFF REPORT FOR THE HEARIN~ATE OF MAY 20, 2008 .~ 3~ ~ a i 1;61rdT OF 8~411NG ~ fyAR~EL i ~ A~ k5 7314 s ~ o _ 569'23 ~~E _ _ 6 ,t3 7314 ©~.. ~ - - 2~fl.~fl0' ~ ~ ~ i ~` IJ ~ ~ I ~ Pc~rcet 3 ~ ~ its ova q m R'~, ~ a'Y . 1.$Q Acres. ;~ln. .. ~ ~ ! ~~.~ ~ A5~ tom."" 33Y4 2.30.15' Asti 4s 734 "'~,~,~ ~t ' vG ~,~ i. ~ i ~ ~ I AS[i I~S~ 7',V A A9b LS x374- 1 1 y!`rd 1 r- =r~=_--_5~'OKESIY_ZX13'ER~ ..~_a,---~-- w 4. ~589'45'z~"E ~' s~or EACH .BLI1tDERS . PARCEL 1 ~1lBR . ,fie am AiNlAes o-ia eo. e~d~flpsroall ~~ a~s~~ G ~6f4~NBf8 SLAttI t~a'!OC ~(h:y~ ~, ,~t~e~~ .. _ .~ 6~ 7~I.E LHIE 6£AA9K3 GS'fAlrCE L3 589'2S'Sa"E lS 589=45'24`E Exhibi"t C 'CITY OF MERIDIAN PLA]VNING D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 3. Proposed R-40 Boundary i't'otass+otial ors and PIa~lbirs ..~ _ ~ _ .~ j . - 3'14BnCfiola St. t.alciwell; IQ•83~05 ` !~ Jri~ ±' ~ Ph (Zt}5) d.~ 0 ..~`' Fax •~2Q8.~ 45.4-097.9• e-mail'. dt~cilzt~ev a ~nsen[k u~ -•~. .. p~opa~R~r~r bi~s~o pA1~~EL=2 =ya A parcel of sad .lieuo,~=li pi~riion• oi'tlae SW 1~t4. i~ 1'l4 of Seotion 4; 'I~owrislup 3 Noah; Range 1 `Noise 11+ie~idiao; City.~f Meridian, Ada: Couany Idaho,-ss•~howrt on t>tai.~~eifaiaRe~ird of •S~rey Tto. •G638,.rt~trdei~ as;`Iriscr~edt loo. La41'2401•8• on, Sept 28, 2pQ4• ia~the Office ot: ttie ~tcexitier of ~1da: ~ui'ity+,.31~io; bJ' .Att'tletson,~Stirvey t3ioup~ "(fie, Tor Brian ~-eiss, ~mor_e pa>ticularly descr~'bed'•es fotli~ws Commencing ati~ie SW'~cortiei:afsaid:•S''WiI4 NVIII/.4,.{~Nl/4 coinex.ol~;Section-4), saidcoiner m9ntnriealei>~~SYat2~~o,b'rass •disk; `l~t~ce'S. 89°~ 4~~ 2d" E: a clistatce of 334.01 fit tg the JI~Il~1T •Ol~` BEG.ifi1~T3~1IN4, &aid .poiii"t ,rit¢tnted with a Found SI.$+ineii diaoieter ~ir+nn pint '17icnce ~fi: fW° 36•'.08" l~ a disfaace of L8b.00 feet pararlel with: the westerly boundary' o>~;said .SW 1J~NW 1/,4 tq•afdut~,dSf8-~nch:diameterrroD:gu-; '~hanc>~1~ 89°4,5' 2~" ~::a dist~btce of 49:86..faet glnl vuit>r tlie_, ~utheily.tiottnt~aay of saii!• Swl•/A.,~T`pV1/4 tb afqunt~ 5/S`:iocti~ diameter iron pnt>y; 37encc.N ~od_.~•6. aa~ ~, a distance of 1:d3.0~ feet parallel: wiila the vvesterty boundary of said S~ /41~ 1%q •to afoitwi s$=in.~lr a;ear~ei~r ito~:.pin; - - Tfreace N, .0,0" 33' S.4°'~>r, adista~gre o#'21.~,;06:~t to. aToigncl5l8=i~ch•d;aioiete irnapin 'T1lince,l~F.;009'3f~' Q8"F;•a;.c~stan~ oF27$.Q8 feet$ar~al~erwt}it~iivelyl~imde=yofsaid.S l/4.`NVG'~j/4: to a~tiint~t?iat_f~:)s~mt$e$outh-5fougtt; ~`Theaee~along said Soutb• SI.'ough::tlae f611o~yng;co •and distiu'ii~s; Thence N~ 8+4°: ~G' Q8~ ~.. a:diste7neo: o~ 1.7:43' feerto 4• Point; Ttienee. S,• 66° 9,8?' ~2°' E'; a dace ol'2G4;00 foet-~~;~.P~?int;. 'Theaee 5.,.94° 4:8a 5.2"~•~~lista~e'of:~7.7~~e~t:to:a'poin~ Tlieii~:e.5.7:~° 16' S2":~; a instance of13.•2~00' feet•'.to;a;point; T~hence.S 85° ~~' ~2" I~.:a dss#azice~:c~£ la'~.4:90 feet to a mint;. 'flieace :S•. 40°•4~' S2" E, a c~staace Hof 3.6498 fe~etta~ point;. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H' EARIN~ ATE OF MAY 20, 2008 ~~ .. ,,.~ MASOIy' &:.S`CA7~i1¢~ELDp ~i!(C: Sr~~xc~vol~ jENC~& P,i,~tn~ts Page~2• !e' •$r 72~=.5$' S~'~ ~~. ~a di-ce of:99.25 fc~.to a ~iaf omihe e~sterl~+• ~undary :of ~said.~W.l~~ ~IV4r1'./4; Thence l..eavu~,satd .Slon~h $: Ob° ~~' SZ" W. e,.d~stance crf 11 ~,li~ feet siong:Sad e~terl~ . ~~n:~~ 3't~ ~fi~ $~ c:gm~r o~ s~aic~ ~S'VV.1/4 N9t-~~4, laid c.~~t a~ouumepte~. wi#b a Found 5~8=uct~i. diameter iror~.pin3 -- ~hence N'. #~9° 4S°• 2:3" V17,. a .distance of 9'18:~~• feet alortg •the •s~exl~r boundary of said .$ W I f.4 ~vi!li4 tb ~a:PO~I~' OF B~~TNI~C;T. "1'his,:~,reei ebnt~ains; ~~0:~6:acnes more gr'1'e~s. x tbi~l is~su6ject to:nll. ea$etnnnts 8nd.ri~fs~f.--ww~i~ of.record:~or impked. 'SY ... ~ , 25 ~.0~ ~c Exhibit C `CI'TY OF M-ERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR TH•E HEARIN~ ATE OF MAY 20, 2008 i fi i I~ ~~~'•~ '- ~ ~ \ ~!- 4+~. ~~ ~~ wti ~~ aY 4~~ I ~~ T~_ ~~ .seu +y.~• ~ L ~ '~~ rT~ .:.{..is. ,~~ :$.a rgrWt? ,'~.yt'9 y?Ay~ ",mil' ` ~.+a a,~~. .,~_~4-y.~,y ~'ti" "" ~74~D' `~ .•O ,• ~ "...,,~:rmu.+W. ~~ ~ ~~ ~` ti~ ~~. s e .t:tQ~p worm. ~ t~ Ai t ~~ ` ` ^~© ` ~ ', • s. ~~ ~w usN~ _ ~, $i ~~`+A ~~ ~ ,n _ ~ ~~ 2 5~ 201 r,ioiaro•P~1 uc YNa~KS 4a~ f J r. ;~ .~ Exhibit C t rf~ , ~ •'. Rt@ P.... ~~ ,~~~ A "CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARI•N~DATE OF MAY 20, 2008 D. Required Findings from Unified Development Code 1. Annexation & Zoning Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the .public hearing, review the application. Tn order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the compreliensive plan; The applicant is proposing to annex and zone the eastern 10.56 acre portion of the property R-40 and the western 1.5 acre portion of the property adjacent to Eagle Road, C- C. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. , {see Analysis, Section 10 of this report for more information}. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that future development of the residential portion of this property will comply with the established regulations and purpose statement of the R-40 zone and future development of the C-C portion will comely with the auroose statement of the commercial districts. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including; but not Limited to, school districts; and, The City Council finds that the proposed zoning amendment should not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (TJDC 11-SB-3.E). The City Council finds that the annexation of the 10.56 acre portion of this property with an R-40 zoning designation and the 1.5 acre portion of this nroaerty with a C- C zoning designation is in the best interest of the City. at°~ a~°n ~- ~ -~ ~+-~• •~- + ~ T~ g•arannr_ti^ ,•r ~~••, ....w., ea a.. ~.,. ..a r ~. ~L _ ~ _ r in ° -- -- - --- 2. Conditional Use Permit Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following,~and may approve a conditional use permit if they shall find evidence presented at the hearing{s) is adequate to Exhibit D CITY OF MERIDIAN PLANNING D~TM~ENT STAFF REPORT FOR THE HEARING~ATE OF .MAY 20, 2008 establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that if the site is designed according to the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-40 district and the multi-family Specific Use Standards. Note: T'he applicant is requesting a variance to the covered parking standards in UDC 11-3C-6. However, Sta, ff believes that if a structure(s) is removed, the applicant will be able to comply with the required parking standards. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed multi-family residential use in the proposed R- 40 zone will be harmonious with and meet the objectives of the Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the eadsting or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the proposed multi-family development is compatible with other uses in the general area and will not adversely change the character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council fords that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. . Exhibit D CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF MAY 20, 2008 The City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfaze of the surrounding azea. Staff recognizes the fact that traffic and noise will increase with the approval of this development; however., Staff does not believe that the amount generated will be detrunental to the general welfare of the public. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed development wi•11 not result in the destruction, loss or damage of any natural feature(s) of major importance. Staffrecommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. i•~h e•dist ~iet; 0 ~ : ~ ~ f ~ 4. Variance (VAR-08-002) Findings: a. The variance shall not grant a right or special privilege that is not otherwise allowed in the district; The City Council is supportive of the request for a variance for a reduction in the number of covered parking spaces required by UDC 11-3C-6 from 360 to 295. Further, City Council finds that granting a variance as requested would not grant a right or special privilege that is not otherwise allowed in the district for multi-family uses. Exhibit D ~, CITY OF MERIDIAN PLANNING D ARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 20, 2008 b. 'The variance relieves an undue hardship because of characteristics of the site; Staff believes there are no topographical limitations or other physical characteristics of this lot which would prevent full compliance with UDC 11-6C-3B.4. c. The variance shall not be detrimental to the public health, safety, and welfare. The City Council finds that granting the variance should not be detrimental to the public health, safety, and welfare. 5. Private Street Finding~~ a. The design of the private street meets the requirements of this Article The applicant shall comply with the private street design standards listed in UDC 11-3F-4A and condition_ of approval #12.3 listed above in Exhibit B of this staff report. b. Granting approval of the private street would not cause damage hazard o_r nuisance. or other detriment to persons property or uses in the vicinity; and If the A licant com lies with the conditions listed in Exhibit B of this staff re ort pertaining to private streets. Staff does not anticipate any hazard nuisance or other detriment from the private streets if they are designed and constructed as required UDC 11-3F-4. c. The use and location of the private street shall not conflict with the Comprehensive Plan and/or the regional transportation plan Staff finds that the use and location of the proposed private streets do not conflict with the Comprehensive Plan and/or the regional transportation plan Exhibit D • November 21, 2008 MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT ITEM NO. 5-F REQUEST Approve CDBG PY08 Subrecipient Agreement with Meridian Boys and Girls Club AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See aHached 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. ' SUBRECIPIENT AGREEMENT FOR US~F PY08 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ,~ THIS AGREEMENT is entered into this day of fiber, 2008, by and between the City of Meridian ("City"}, a municipal corporation organized under the laws of the State of Idaho, and the Meridian Boys and Girls Club, a branch of the nonprofit organization Boys and Girls Club of Ada County, organized-under the laws of the State of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for and received fiands from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i. e. Community Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient provides programming and activities to inspire and empower all youth, particularly low- and moderate-income youth, to realize their full potential as productive, responsible and caring citizens, which activity complements the objectives of the CDBG program; and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of CDBG funds in Subrecipient's programming during Program Year 2008; NOW, THEREFORE, it is agreed by the parties hereto as follows: I. STATEMENT OF WORK A. Purpose. Subrecipient agrees that it shall use City's PY08 CDBG funds in the amount of forty thousand dollars {40,000) to design improvements to the Meridian Boys and Girls Club facility at 911 Meridian Road, Meridian, Idaho Subrecipient shall be responsible for administering its PY08 CDBG funds in a manner satisfactory to City and consistent with any and all standards required as a condition. of providing these funds. B. National Objective. Subrecipient certifies that the activities carried out City's PY08 CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR § 570.208. Specifically, Subrecipient's activities under this agreement shall benefit LMI persons {24 CFR § 570.208(a)(2)). C. LMI Clientele. Subrecipient shall provide documentation demonstrating that fifty-one percent (51%) of clientele using the Meridian Boys and Girls Club facility at 911 Meridian Road, Meridian, Idaho are LMI persons. D. Levels of accomplishment. This project will provide funds for the design of improvements to the Meridian Boys and Girls Ciub facility at 911 Meridian Road, Meridian, Idaho. In addition to the normal administrative services required as part of this Agreement, Subrecipient agrees to document and report on each and all of the following outcomes: 1. Number of individuals gaining improved access to facility and/or services; and 2. Income level and ethnicity of persons assisted. E. Staffing not funded. Subrecipient agrees that no CDBG funds will be utilized for staffing. PYO$ SUBRECIPIENT AGREEMENT -MERIDIAN BOYS AND GIRLS CLUB PAGE 1 OF 13 F. Performance Monitoring.~ity will monitor the performance of Su~cipient against goals and performance standards required herein. Substandard performance as determined by City will constitute non-compliance with this Agreement. if action to correct such substandard performance is not taken by Subrecipient within fourteen {14) days after being notified by the City, Agreement suspension or termination procedures will be initiated. G. Time of Performance. Services of Subrecipient under this Agreement shall start on or before November 5, 2008 and shall be completed by March 1, 2009. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other assets, including program income. H. Progress Reports. Subrecipient shall submit regular Progress Reports to City in the form, content, and frequency as required by City. Subrecipient shall submit the first Progress Report to City within seven (7) days of February 1, 2009. If Progress Reports are delinquent, draw requests will not be processed until the delinquency is cured. Progress Reports must contain information on outcome-based measurements as outlined in this Agreement. II. ADMINISTRATIVE REQUIREMENTS A. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.506. B. Financial Management. 1. Budget. Subrecipient agrees that it shall use City's PY08 CDBG funds in the amount of forty thousand dollars ($40,000) to design improvements to the Meridian Bays and Girls Club facility at 911 Meridian Road, Meridian, Idaho. City may require a detailed budget breakdown, and Subrecipient shall provide such information in a timely fashion, and in the form and content prescribed by City. 2. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. 3. Accounting Standards. Subrecipient agrees to comply with 24 CFR §§ 84.21 through 84.28, and further agrees to: adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 4. Cost Principles. Subrecipient shall administer its program in conformance with OMB Circular A-122, "Cost Principles for Non-Profit Organizations." These principles shall be applied for all costs incurred, whether charged on a direct or indirect. basis. 5. Certification of financial management system. Payments shall be contingent upon HUD's certification of Subrecipient's financial management system in accordance with 24 CFR ~ 84.21. 6. Subrecipient Orientation Workshop. Subrecipient agrees to meet with City's CDBG FY08 SUBRECIPIENT AGREEMENT -MERIDIAN BOYS AND GIRLS CLUB PAGE 2 OF 13 Program Administrator~ior to submitting the first draw request~City. City will not process draw requests unless and until the Subrecipient attends this meeting. C. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specified in 24 CFR § 570.506, and: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 24 CFR ~§ 84.21 through 84.28 and 570.502; g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K, except that Subrecipient does not assume City's responsibilities under 24 CFR § 570.604 and part 52. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement. Records for non-expendable property acquired with. funds under this Agreement shall be retained for five (5) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. 3. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available for review upon City's request. 4. Disclosures. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. PY08 SUBRECIPIENT AGREEMENT -MERIDIAN BOYS AND GIRLS CLUB PAGE 3 OF 13 • 5. Property Records. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria. 6. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be Limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income. 7. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, I-ND or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty (30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning audits and as applicable, OMB Circular A-133. D. Reporting and Payment Frocedures. 1. Program Ineome. Subrecipient shall report monthly all program income as defined at 24 CFR § 570.500(a) that is generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by Subrecipient shall comply with the requirements set forth at 24 CFR § 570.504. By way of further limitations, Subrecipient may use such income during the Agreement period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to City at the end of the Agreement period. Any interest earned on cash advances from the U.S. Treasury is not program income and shall be remitted promptly to City. At the end of the program year, City may require remittance of all or part of any program income balances, including investments thereof, held by Subrecipient, except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for section 108 security needs. 2. lndirect Costs. Indirect costs are not eligible for CDBG funding. 3. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made far eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and PYQB SUBRECIPIENT AG[tEEMENT -MERIDIAN BOYS AND Gloms CLUB PAGE 4 OF 13 program income balanc~available in Subrecipient's accounts. Iiiaddition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. . 4. Draw requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed forty thousand dollars ($40,000). Drawdowns for the payment of eligible expenses shall be made in accordance with performance. Draw requests shall only be accepted on official City andlor HUD forms and must be completed in full to be processed. All draw requests are to be submitted monthly, no later than twenty-one {21) days after the end of the month for which reimbursement is being submitted. Final draw under this Agreement shall be submitted by Subrecipient no later than Apri121, 2009 unless otherwise agreed in writing. 5. Funds transfer. Pursuant to 24 CFR § 570.503(b}(7}, upon expiration of this Agreement, Subrecipient shall transfer to City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. E. Procurement. 1, Compliance with policies. Subrecipient shall comply with current Federal and City policies concerning the purchase of equipment and shall maintain inventory records of all non- expendablepersonal property as defined by such policy as may be procured with funds provided hereunder. 2. OMB Standards. Subrecipient shall procure all materials in accordance with the requirements of 24 CFR § § 84.40 to 84.48. 3. Travel. Subrecipient shall obtain written approval from City prior to any travel outside the Boise metropolitan area with funds provided under this Agreement. F. Use and Reversion of Assets. The use and disposition of real property and equipment under the Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR §§ 570.502 through 570.504, as applicable, which include, but are not limited to, the following: 1. Records. Subrecipient shall maintain real property inventory records, which clearly identify properties purchased, improved or sold. 2. National Objectives met far five (5) years, Pursuant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives until five {5} years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. PY08 SUBRECIAIENT AGREEMENT -MERIDIAN BOYS AND GIRLS CLUB PAGE 5 or' 13 3. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold, the proceeds shall be program income, prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to City for the CDBG program or (b) retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. III.EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975; Executive Order 11063, and the Executive Order 11246 as amended by Executive Order 11375 and 12086. B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but aze not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection far training, including apprenticeship. C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 706} which prohibits discrimination against the handicapped in any Federally-assisted program. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. D. Notifications. 1. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 2. Solicitations far employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. FY48 SuBRECIPIENT AGREEMENT -MERIDIAN BOYS AND GIRLS CLUB PAGE 6 aF 13 • E. Prohibited Activity. Subrecipient is prohibited from using fiends provided herein or personnel employed in the administration of the program for political activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities. 1. Political activities. Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act {Title V, Chapter 15, U.S.C.). 2. Religious activities. Subrecipient agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR § 570.200(j). F. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended; the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti-Kickback" Act (40 U.S.C. §§ 27ba, 276c, and 327}; and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofaz as those acts apply to the performance of this Agreement. Subrecipient shall maintain documentation which demonstrates compliance with the hour and wage requirements of this part. Such documentation shall be made available to City for review upon request. Subrecipient further agrees that all Contractors engaged under contracts in excess of $2,000.04 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require payment of the higher wage. G. Section 3 of the Housing and Urban Development Act of 1968. L Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701} ("Section 3"), the regulations set forth in 24 CFR Part 135, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City, Subrecipient and any of Subrecipient's subrecipients and/or subcontractors. Failure to fulfill these requirements shall. subject City, Subrecipient and any of Subrecipient's subrecipients and subcontractors, their successors and assigns, to sanctions. 2. Subcontract language. Subrecipient further agrees to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low income residents of the project area and Agreements for work in connection with the project be awarded to PY08 SUBRECIPIENT AGREEMENT -MERIDIAN BOYS AND GIRLS CLUB PAGE 7 OF 13 business concerns that ~ovide economic opportunities for low very low income persons residing in the metropolitan area in which the project is located." 3. Employment of law- and very-low-income persons, Subrecipient further agrees to ensure that opportunities for training and employment arising in connections with a housing rehabilitation (including reduction and abatement of lead-based paint hazards}, housing construction, or other public construction projects are given to iow and very-lou=income person residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low and very low income persons within the service area of the project or the neighborhood in which the project is located, and to low and very law income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards}, housing construction, or other public construction project are given to business concerns that provide economic opportunities for low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low and very low income residents within the service area of the neighborhood in which the project is located, and to low and very low income participants in other HUD programs. H. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42 and 570.61 lm, which include, but are not limited to, the following: 1. Cade of Conduct. Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal funds. 2. Contract selection. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 3. Self-interested contracts and nepotism. No persons who exercises or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in adecision-making process or gain inside information with regard to such activities, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either far themselves or those with who they have business or immediate family ties, during their tenure ar for a period of one {1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of City, the Subrecipient, or any designated public agency. I. Lobbying. Subrecipient hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, PY08 SUSRECIPIENT AGREEMENT -MERIDIAN BOYS AND GIRLS CLUB PAGE 8 OF 13 and the extension, con~ation, renewal, amendment, or modific'~tion of any Federal Agreement, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. Subrecipient will require that the following language of paragraph {d} of this certification be included in the award documents for all sub-awards at all tiers {including subcontracts, sub- grants, and contracts under grants, loans, and cooperative agreements} and that all subrecipients shall certify and disclose accordingly: "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less that $10,000 and not more than $100,000 for each such failure." IV. ENVIRONMENTAL CONDITIONS A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, e1 seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.G. §§ 1251, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency {EPA} regulations pursuant to 40 C,F.R, Part 50, B. Ftood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001}, Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition ar construction purposes (including rehabilitation). C. Lead-Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be PY08 SUBRECIPIENT AGREEMENT -MERIDIAN BgYS AND GIRLS CLUB PAGE 9 OF 13 taken when dealing with 1~ based paint poisoning and the advisab~ty and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal fields applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended {16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation C}fficer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. V. GENERAL CONDITIONS A. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City of Meridian Attn: CDBG Program Administrator 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian Boys and Girls Club Attn: CDBG Grant Administrator 911 Meridian Road Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. B. Compliance with laws, Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. C. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient andJor to its agents. D. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments far damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, AYO$ SUBRECIPIENT AGREEMENT - MERIAIAN BOYS AND GIRLS CLUB PAGE I O OF l 3 subcontractors, officials, o~ers, servants, guests, invitees, particip~s, and/or volunteers and resulting in and/or attributable to personal injury, death, andtar damage and/or destruction to tangible or intangible property. E, Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this Agreement. F. Insurance and banding. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and(or undue physical damage. Further, Subrecipient shall comply with the bonding and insurance requirements of 24 CFR §§ $4.31 and 84.48. G. Grantor Recognition. Subrecipient shall publically recognize the role of City in providing services under this Agreement. H. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. L Termination. 1. Notiee of termination. Either party may terminate this Agreement by, at least 30 days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. 2. Partial termination. Partial terminations of the Scope of Service as set forth herein may only be undertaken with the prior approval of City. 3. Work completed. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports of other materials prepared by Subrecipient under this Agreement shall, at the option of City, become the property of City, and Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 4. Termination for convenience. In accordance with 24 CFR § 85.44, suspension or termination of the Agreement, in whole or in part, may occur for convenience. 5. Termination for material noncompliance. In accordance with 24 CFR § 85.43, suspension or termination of the Agreement, in whale or in part, may occur if Subrecipient materially fails to comply with any term of this Agreement, which shall include, but shall not be limited to, the following: PYQ8 St78RECIPIENT AGREEMENT -MERIDIAN BOYS AND GIRLS CLUB PAGE 1 1 OF 13 • • a, Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and I-IUD guidelines, policies or directives as may become applicable at any time; b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission by the Subrecipient to City reports that are incorrect or incomplete in any material respect. b. Penalty for material noncompliance. In addition to suspension or termination of this Agreement and/or any other remedies as provided bylaw, upon a finding of material noncompliance, City may declare Subrecipient ineligible for any further participation in City CDBG programming. In the event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen (1 S) percent of said Agreement funds until such time as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be in compliance. J. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money due ar to become due to Subrecipient from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval Notice of any assignment or transfer shall be furnished promptly to City. K. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. 2. Monitoring. Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 4. Selection Process. Subrecipient shall undertake to insure that all subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 5. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. PY08 SUBRECIPIENT AGREEMENT -MERIDIAN BOYS AND .GIRLS CLUB PAGE 12 OF i 3 ' ~ ~ L. No contractual impediment Subrecipient certifies and agrees thafflo contractual or other disability exists which would prevent compliance with these requirements. M. Severability. If any provision of this Agreement is held invalid, the reminder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. N. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. O. Noa-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. P. Appraval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Meridian Boys and Girls Club ~~ ~' By: Colleen Braga, Exec~t~tive Director Boys and Girls Club of Ada County STATE OF IDAHO ~ ss: County of ~ ~G"2 ) I HEREBY CERTIFY that on this ~~ day of ~s •~~;2008, before the undersigned, a Notary Public in the State of Idaho, personally appeared Colleen Braga, known to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ~~''„'u~ti~lFt~enPf"""" 'f`ti\ j~'~JB ~ f~~~?t ~~~~~~~,t-~~ Notary Public for Idaho Residing at ~ ` ,Idaho My Commission Expires: l ~ _~i~ CITY: City of n~an__ ~.,_ ~~ ~~~~"~~.. Attest: By: Tammy deerd,wlVlayor Jayce PY~8 ~7UBRECIPIENT AGREEMENT - MERIDIAN BOYS AND GIRLS CLUB p~/~®f°i ~',` re°~~~o9asaeteepay V ~i '; ~~~ A~~°. fi . cdn • November 21, 2008 MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT ITEM NO. S-G REQUEST Resolution -Use of Fitness Facility & Recycling AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See aiMached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: i 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 pres®nted at public meetings shall become properly of the City of Meridian. • L. J CITY OF MERIDIAN RESOLUTION NO. DO J BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN ADDING SECTIONS 6.2.7 USE OF THE FITNESS FACII.ITY IN CITY HALL AND 7.7 RECYCLING TO THE EMPLOYEE HANDBOOK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have authority over the operations, polices, and procedures for the City of Meridian; WHEREAS the City has previously approved a Standard Operating Policy and Procedures Manual in 2002, commonly referred to as the "Employee Handbook"; and for application to all employees of the City; WHEREAS the City Council may amend the Manual from time to time as necessary to incorporate changes as needed; WHEREAS, Human Resources will maintain the Handbook and provide copies or make available the Handbook or new or amended polices as necessary; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: Section 1. The City of Meridian Standard Operating Policies and Procedures Manual (Employee Handbook) is hereby amended to add the following new policies: 6.2.7 Use of the Fitness Facility in City Hall and 7.7 Recycling. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this ~ 2.rJ+day of ®~f ~~~r-)2008. APPROVED by the Mayor of the City of Meridian, Idaho, this ZS~day of ®~C'_~lb-~..~, 2008. RESOLUTION ADDING SECTIONS 6.2.7 USE OF THE FITNESS FACILITY IN CITY HALL AND 7.7 RECYCLING TO THE EMPLOYEEHANDBOOK -PAGE 1 of 2 APPROVED: ATTEST: By: Jaycee ~~~ ```a``~~~~~ ~ N~;;'~.,~Vlayor T e Weerd o city Merl AL ~~ ~~ ~~ ~ ~~ ,,,~,,, c `o~,`\`,,,, RESOLUTION ADDING SECTIONS 6.2.7 USE OF THE FITNESS FACILITY IN CITY HALL AND 7.7 RECYCLING TO THE EMPLOYEE HANDBOOK -PAGE 2 of 2 • CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 7.7 SUBJECT: RECYCLING PURPOSE: As a member of the greater community, the City seeks to actively support recycling efforts by City employees. POLICY: The City of Meridian encourages, supports, and actively participates in recycling efforts by all City departments. All employees shall be encouraged to participate in any recycling program that is provided by the City's waste hauler. AUTHORITY & RESPONSIBILITY: All City Departments are encouraged to recycle, rather than discard, any and all materials that are recycled by the City's waste hauler. The City will make all reasonable attempts to provide the means for employees to recycle. Additionally, the City will provide a recycling station in the basement of City Hall for employee use. • • CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.2.7 SUBJECT: USE OF THE FITNESS FACILITY IN CITY HALL PURPOSE: The City of Meridian encourages its employees to be fit and healthy. In an effort to support physical fitness the City of Meridian has provided a Fitness Facility within City Hall to allow employees the opportunity to participate in physical activity. The use of the Fitness Facility and participation in physical activity is voluntary and is not mandated or required for the continuing employment of any employee unless specifically required by their job duties and assignment. Physical exercise and activity is not work related for the purpose of worker's compensation. POLICY: Employees are encouraged to participate in active physical activity whenever feasible and, if necessary, with a physician's approval. All City employees have access to the City Hall Fitness Facility. The Fitness Facility is for employee use only. The use of the Fitness Facility and participation in physical activity is voluntary and is not mandated or required for the continuing employment of any employee unless specifically required by their job duties and assignment. Physical exercise and activity is not work related for the purpose of worker's compensation. AUTHORITY & RESPONSIBILITY: Employees are encouraged to only use the Fitness Facility if they have been properly trained. Training classes will be offered periodically. All proper methods of sanitizing the equipment and using the appropriate hygiene methods for the use of this equipment must be followed. Directions for this will be available in the Fitness Facility. Failure to do so may be cause to suspend an employee's ability to use the Fitness Facility. All use of the Fitness Facility is voluntary and at the employee's own risk. Safety in using the Fitness Facility is of the utmost importance. • November 21, 2008 MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT ITEM NO. S-~"~ REQUEST Resolution -- Solid Waste Collection Rate Change AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See aHached CITY POLICE DEPT: CITY FIRE DEPT: ~ -~` CITY BUILDING DEPT: ,1 ~ CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • CITY OF MERIDIAN RESOLUTION NO. ~~' ~o BY THE CITY COUNCIL: BIRD, HOAGLUND, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO ALLOW, ON BEHALF OF SAH) MUNICIPALITY, A RATE INCREASE FOR SOLH) WASTE COLLECTION SERVICES DUE TO THE NET PERCENTAGE OF CHANGE IN THE CONSUMER PRICE INDEX FOR THE PACIFIC NORTHWEST, TO PROVIDE FOR THE SOLID WASTE DISPOSAL RATE CHANGES WITHIN THE CITY OF MERIDIAN, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the franchise agreement entered into between Sanitary Services Company and the City of Meridian provides that rate adjustment based upon the Consumer Price Index (CPI) in accordance with Section 21 of that agreement be passed on to the consumer; and WHEREAS, Sanitary Services Company has provided detailed information regarding the annual adjustment based upon the "net percentage of change in the Consumer Price Index for the Northwest"; and WHEREAS, the requested increases in solid waste collection fees are reasonable and in compliance with the franchise agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERH)IAN, HDAHO as follows: SECTION 1. The Mayor and City Clerk are hereby authorized to allow, on behalf of the City of Meridian, the solid waste disposal rate increases within the City of Meridian as set forth in the attached "Proposed Solid Waste Collection Rate Changes" and incorporated herein by this reference. RESOLUTION FOR SOLID WASTE COLLECTION SERVICES -Pagel of 2 • SECTION 2. The effective date for these solid waste collection rates shall be the 2..~j day of I~D ~('~l~ , 2008. ADOPTED by the City Council of Meridian, Idaho this ZS~day of ~O~~~l~-~,r , 2008. APPROVED by the Mayor of the City of Meridian, Idaho, this 2~ day of ~ ~I ~~~ , 2008. APPROVED: \\``~~~ti~uuuri~r ~~~ y ~ ~~ ~~ ~ .~ `` ~O'~ • COUPCT`~ ~~'''~~-~nn ~~m••` RESOLUTION FOR SOLID WASTE COLLECTION SERVICES -Paget of 2 • Proposed Solid Waste Collection Rate Changes Proposed Rates Sanitary Service Inc. Current Rate Structure Proposed Rate Structure Residerr<iai Toter Carts Habitual Late Can Fee Commercial Cans {Current) 9 - 3 cans 4 - 6 cans 7 - 9 cans Commercial Cans {Proposed) 1 - 3 cans 4 - 6 cans 7 - 9 cans Commercial Containers (Current) $ $ $ $ $ $ $ $ $ 12.70 2.75 5.00 1lwk 21.48 42.92 64.38 1/wk 23.64 47.29 70.93 9/wk $ $ $ $ $ $ Jwk 42.92 85.83 128.76 2/wlc 47.29 94.56 141.86 Z/wk $ $ $ $ $ $ $ $ $ 13.45 2.88 5.00 3/wk 64.37 128.75 193.11 3/wk 70.92 141.85 212.76 3twk /wk wk wk 1 1@ Yd $ 79.93 $ 113.97 $ 147.41 $ 197.76 $ 247.99 $ 298.23 3 Yd $ 83.76 $ 135.67 $ 187.66 $ 247.25 $ 325.02 $ 393.73 6 Yd $ 130.68 $ 211.13 $ 291.49 $ 388.67 $ 485.89 $ 583.07 8 Yd $ 155.14 $ 241.40 $ 321.78 $ 416.21 $ 516.83 $ 612.95 Commercial Containers {Proposed) 11wk 2/uvic 3lwk 4x/wk 51wk 6/wk 1 112 Yd $ 86.18 $ 122.88 $ 158.93 $ 213.21 $ 267.37 $ 321.53 3 Yd $ 90.30 $ 146.27 $ 202.32 $ 266.57 $ 350.42 $ 424.b0 6 Yd $ 140.89 $ 227.63 $ 314.27 $ 419.04 $ 523.86 $ 628.63 8 Yd $ 167.26 $ 26026 $ 346.92 $ 448.73 $ 557.21 $ 680.84 Commercial Compactors Current Proposed 2 Yd $ 43.30 $ 49.68 3 Yd $ 59.28 $ 68.59 4 Yd $ 75.59 $ 87.84 5 Yd $ 91.94 $ 107.14 6 Yd $ 107.78 $ 125.90 8 Yd $ 144.95 $ 169.17 Temporary Container Service Current Proposed Delivery $ 19.70 $ 20.58 Daily Rental - 3 Yd $ 0.75 $ 0.78 Monthly Rental - 3 Yd $ 19.70 $ 21.00 Extra Dump 3 Yd $ 25.96 $ 29.76 F_xtra Dump 6 Yd $ 40.79 $ 42.58 Extra Dump B Yd $ 52.59 $ 54.81 Miscellaneous Collection Services Tires $ 4.00 $ 5.00 Refrigerators $ 46.05 $ 47.70 overflow Cleanup $13.00 for 5 min $13.60 for 5 min Roll Off Services (Current) $49.00 per haul + disposal wkh franchise fees {6 -10 CY containers) $109.65 per haul + dispose! wkh franchise fees {20 - 40 CY containers, Weekdays} $166.20 per haul + disposal whh franchise fees {20 - 40 CY containers, Weekends) $135.60 per haul + disposal with franchise fees {asbestos -Ada Courtly) $215.75 perhaul + disposal with franchise fees {asbestos -Idaho Waste Systems) $84.65 per hoar F_xtra services Roti Off Services {proposed) - $51.15 per haul + disposal wifh franchise fees (6 -10 CY containers) $114.45 per haul + disposal with franchise fees (20 - 40 CY containers, Weekdays} $173.48 per haul + disposal with franchise fees (20 - 40 CY centalners, Weekends) $141.54 per haul + disposal with franchise fees (asbestos -Ada County) $225.20 per haul + disposal with franchise fees (asbestos -Idaho Waste Systems} $88.38 per hour F~dra services Disposal Rates with Franchise Fees (Current} Construction Compacted Size Loose Solid Waste Demolition waste Wood Waste 6 Yd $ 31.80 $ 83.60 $ 15.90 8 Yd $ 42.40 $ 84.80 $ 21.20 10 Yd $ 63.00 $ 106.00 $ 26.50 20 Yd $ 106.00 $ 212.00 $ 212.00 $ 53.00 30 Yd $ 159.00 $ 318.00 $ 318.00 $ 79.50 40 Yd $ 212.00 $ 424.00 $ 424.00 $ 106.00 tisposal Rates with Franchise Fees lprooosed Construction Compacted Sue Lease Solid Waste Demolition waste Wood Waste 6 Yd $ 34.98 $ 69.98 $ 17.49 8 Yd $ 46.64 $ 93.28 $ 23.32 10 Yd $ 58.30 $ 116.60 $ 29.15 20 Yd $ 116.60 $ 233.20 $ 233.20 $ 58.30 30 Yd $ 174.90 $ 349.80 $ 349.80 $ 87.45 40 Yd $ 233.20 $ 466.40 $ 466.40 $ 116.60 Volun Commingled Recyclable Collection (Curre-~t} 1 x/week 2 xMveek 3 xlweek 4x/waek 5x/week 5 Yd rxntainer $ 60.00 $ 96.00 $ 132.00 $ 168.00 $ 204.00 Every other week $ 48.00 1 cart/week 2 cartMreek 3 carilweek 4 cart/week 5 cartMreek 6 carthveek 95-gallon carts $ 22.25 $ 25.25 $ 28.25 $ 31.25 $ 34.25 3725 Every other week $ 14.00 4xMreek 5 Yd container $ - 62.50 $ 100.20 $ 137.50 $ 175.00 $ 212.50 Every other week $ 50.10 1 cartlweek 2 cart/week 3 cart/week 4 cariMraek 6 c;art/week 6 cart/week 95-gallon caris $ 23.00 $ 26.00 $ 29.00 $ 32.00 $ 35.00 $ 38.00 Every other week $ 14.50 November 21, 2008 MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT ITEM NO. S-~ REQUEST Resolution -- Declaring City Hall Campus a Park 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 a#tached lJ~ ~~ -~ CITY OF MERIDL~IV BY THE CITY COUNCIL: RESOLUTION NO. 0 / BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERH)IAN DECLARING THE MERIDIAN CITY HALL CAMPUS, A PUBLIC PARK SUBJECT TO ALL ORDINANCES, POLICIES, RULES, AND ORDERS APPLICABLE TO CITY PARKS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 15, 2008 the City of Meridian took occupancy of the new Meridian City Hall campus at 33 E. Broadway, Meridian, Idaho, which campus includes the amphitheater, plaza, water features, Heritage Building, surrounding grounds, and parking facilities and is shown on Attachment "A"; and WHEREAS, it is the desire of the Mayor and City Council to regulate the use of the Meridian City Hall campus in a manner similar to other public and recreational facilities operated by the City of Meridian; and WHEREAS, the Mayor and City Council may also impose additional restrictions regarding the use of this facility as well, including but not limited to prohibiting the use of skateboards anywhere on this facility or grounds. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the campus of Meridian City Hall, including the amphitheater, plaza, water features, Heritage Building, surrounding grounds, and parking facilities shall be a public park and shall therefore be managed by the Parks and Recreation Department under the authority of the Parks and Recreation Director, and shall be subject to all relevant ordinances, policies, rules, and orders promulgated pursuant to Meridian City Code. Section 2. That the Mayor and City Council may impose additional restrictions regarding the use of the facility, as well; including but not limited to prohibiting the use of skateboards anywhere on this facility or grounds. and Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. RESOLUTION DECLARING MERIDIAN CITY HALL CAMPUS APARK- PAGE 1 of 2 ADOPTED by the City Council of the City of Meridian, Idaho, this ~~ day of 2008. ~/'~-_ APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of 2008. APPROVED: ATTEST: By: ~% 9~~~sr~g~ ,,~ -9 '~ O '~ C UNT`~ ~~~'~~ii~~nrn nt~ RESOLUTION DECLARING MERIDIAN CITY HALL CAMPUS APARK- PAGE 2 of 2 • November 21, 2008 CPA 08-002 MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT Rose Law Group ITEM NO. 5-J REQUEST Resolution -- Request for CPA to modify the future land use map by ,changing the land use designation for approx. 10 acres from low density residential to mixed use community for Eagle 8~ Victory - NWC of E. Victory & S. Eagle AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached ~, V Date: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Phone: • ADA COUNTY RECORDER J. ~ NAVARRO AMOUNT .00 BOISE IDAH012109108 11:02 DEPUTY Vicki Allsn II I I I II'I'I I I I II II I' II "I'I I' II I ~I'II RECORDED-REQUEST OF it~~131101 Meridian City CITY OF MERH)IAN RESOLUTION NO. ~ ' (O 3S BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR THE EAGLE/VICTORY AREA LOCATED AT THE NORTHWEST CORNER OF E. VICTORY ROAD AND S. EAGLE ROAD, TO EXPAND FUTURE LAND USE DESIGNATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as maybe expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for the Eagle/Victory area located at the northwest corner of E. Victory Road and S. Eagle Road Meridian, Southeast 1/ of Section 20, Township 3 North, Range 1 East, Meridian, Idaho to expand future land use designations; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall beheld on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP - EAGLE/VICTORY AREA -CPA 08-002 Page 1 of 2 ADOPTED by the City Council of the City of Meridian, Idaho, this ~~ day of ~~P,~ , 2008. APPROVED by the Mayor of the City of Meridian, Idaho, this ~~ day of ~ , 2008. APPROVED: ~f Mayor T y Weerd ATTEST: ,.~`~.~~1 ~ l~~A'''~, ~~`\ O'9 '9y ,,~i ~~ ~ O aycee .Holman, City Clerk= .~ G .y ~ 49 Ttst. ~.~ ,,~,,,,,, co~~ ~~,,```,,,. COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP - EAGLE/VICTORY AREA -CPA 08-002 Page 2 of 2 '-:~-1 -- --- __ .~ .~ ~ , -o~,. ~ -- ~ TARPON ~ ; ,; - _ J ` ~ W ~ __~ . _ .. . ~ ~~- _ O - ~ ~. __ BLUE HORIZON ~ ~ PEWTERfALL~ ~" ~ ~~ Q - ,4 O ,. Q h-t _ . ___ _ _ _ ~~ ' COPPEFFPQINT ~~ ~~~~~ I ~< City of Meridian Future Land Use Map usure Cana uses Commercial 0 Industrial Office High Density Residential Medium Density Residential Low Density Residential Old Town ®Muced Use -Interchange Mixed Use -Regional 0 Mnced Use -Community Mbced Use -Neighborhood Muted Use -Waste Water Treatment Plant Public/Quasi-Public ~~E IDIAN~- ®~~, Prepared by the Meridren Planning Department Print Date: September 29th 2Q08 -~ _I o - ~_- --- _, ~ _ - ~ o_ ~i ~~~ ~ _,_ .. ~ ~ Q __ ,; ~, y , ~- m .;,~ ~ ~ ~ GDLDSTONE ~;°~ ~ ~ O O - --- :, m _ ~ . . -~ ,, ,~ r ~ - - r - -~ - _~ ~= ,~` ~ ~ - O ~~ '*~c ~ ~ ~ ~ ' ~ EOPPER _P INT `"~-~ -. I-- ~-_1~.1 ~7--I _ `y r, ~ :EASY _ ~~ ~ -ti -- - i ~' ~ r Tcrrnr~rr'~"~ - ~~ ~y/.1/~_~ `~F ~~ y r I ~'~ - tL ~ ~~~q.~ ~'~ ~j ~ - ~ ~ ' ~ -~-~~--1- --~ ~- _ _ ~I ~ _ _ i -,_ ~, _ =~-~---1 i_ `~ ~ ~ ~ ~ { ~ l2i ' , ;'+ -; i ~ ~ .,,~ i~ ~ _ --- ~ ~ ~ ~_. f ~~ - -- _, ~ , ~- i -- -r ~- - r- :_ ~ (;~ ~~ Q% ~~~- - `i4 ~~~~a~ - ., _ ~- ~ 1, "~ _. ~ _.-- -- _ ~ , - ° - - N -- TG~B i ~-~~ ~ I j - ~ ~ ~ _~.~ ~~ _ _ -ZAL /1 ~._. ~ -' i r -- - I ___ I • • November 21, 2008 AZv07-012 MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT Meridian CenterCQl ITEM NO. 5-O REQUEST Development Agreement -Meridian Town Center 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: Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City o} Meridian. ADA COUNTY RECORDER J. D NAVARRO AMOUNT .00 88 BOISE IDAH01?109/08 11: DEPUTY Vicki Allen RECORDED-REQUEST OF III III'I'III'lll'I'll'II'lllll~ll'I' Meridian C1ry 1 EIS 13110 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Meridian CenterCal, LLC, Owner/Developer Sg. THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this ~~ day of MVP YYY1~P 1!' 2008, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called City, and Meridian CenterCal, LLC, whose address is 7455 S.W. Bridgeport Road, Suite 205, Tigard, Oregon 97224, hereinafter called Owner/Developer. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described and illustrated in Exhibit "A" 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, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re-zoning that Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-SB-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, Owner/Developersubmitted anapplication for annexation and zoning of the Property requesting a designation of zoning district C- G, General Retail and Service Commercial District, under the UDC and generally describing how the Property will be developed and what improvements will be made (as generally depicted on the Conceptual Site Plan attached hereto as Exhibit `B"). 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 1 OF 24 before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the 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, on the 22°d day of January, 2008, has approved certain Findings of Fact and Conclusions of Law and Decision and Order (the Findings); and 1.8 WHEREAS, the Findings require Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by 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 the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 2 OF 24 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers Meridian CenterCal, LLC, whose address is 7455 S.W. Bridgeport Road, Suite 205, Tigard, Oregon 97224, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain real property located in the County of Ada, City of Meridian described and illustrated in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement include those uses allowed in the approved C-G zone as indicated in the table attached as Exhibit "C" (excerpted from the UDC as it exists on the date of this Agreement). Any uses added to the applicable zone by any future amendment to the UDC shall be allowed on the Property. 4.2 Owner/Developer shall develop the Property generally in accordance with the Conceptual Site Plan in Exhibit `B", as it may be modified from time to time, and with the conditions set forth in Section 5 herein, unless otherwise modified by this Agreement. The parties acknowledge that the Conceptual Site Plan is conceptual, reflects early stage planning, and involves a large project with dynamic components. Consistent with the Findings, this Agreement affords Owner/Developerthe flexibility to tailor the particulaz distribution and configuration of uses to meet actual market demand at the time of development, so long as the development is generally consistent with the Conceptual Site Plan. A. In determining consistency with the Conceptual Site Plan, the Planning Director may allow a plus or minus 20% change in square footage for any building or collection of buildings. The Planning Director has the discretion to allow a change in excess of 20% where Owner/Developer supplies adequate data to demonstrate the change does not increase transportation impacts DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 3 OF 24 or impacts on adj acent uses beyond the levels contemplated with the Conceptual Site Plan. B. Relocation and reconfiguration of buildings shall be allowed provided that the impact to adj acent properties remains the same or is less than that depicted on the Conceptual Site Plan and provided that the integrity of the Conceptual Site Plan remains substantially equal or better. For example, the buildings that form a central plaza may be relocated if the plaza amenity is substantially equal or better in size or character than originally depicted. 4.3 If an amended Conceptual Site Plan does not meet the requirements of Section 4.2, then Owner/Developermay berequired toget City Council approval of a modification to this Agreement for a new conceptual site plan. 4.4 Owner/Developer shall provide the Planning Director with any updates to the Conceptual Site Plan as available and updated from time to time as the Conceptual Site Plan is modified by the Owner/Developer as provided herein. The Planning Director shall keep the current version of the Conceptual Site Plan on file and available to the public. 4.5 The Property and any additional adj acent property as may be acquired by the Owner/Developer in the future shall be governed by this Agreement. The Findings that have been approved by the City Council have been incorporated into this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF PROPERTY: Owner/Developer shall develop the Property in accordance with the following special conditions. This list of special conditions is intended to include all conditions and requirements applicable to the Property as a condition of annexation and zoning. 5.1 All structures on the site shall be subject to Administrative Design Review in accordance with the following standards (quoted from UDC § 11-3A-19C and 11-3A-19D as it exists on the date of this Agreement, except that internal buildings shall not be subject to the 8-foot wide pedestrian pathway requirement from the perimeter sidewalk to the main building entrance) and shall not be subj ect to subsequent amendments of the UDC. G Standards: 1. Architectural Character: DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 4 OF 24 c. Walkways at least eight feet (8') in width, shall be provided for any aisle length that is greater than one hundred fifty (150) parking spaces or two hundred feet (200') away from the main building entrance. d. The walkways shall have weather protection (including, but not limited to, an awning or arcade) within twenty feet (2D') of all customer entrances. 1J. Alternative Compliance: The director may approve, or recommend approval of, an alternative compliance proposal in accord with chapter 5, "Administration'; of this Title [the UDC], when the overall design, as proposed by the applicant, meets or exceeds the intent and the requirements of this section and shall not be detrimental to public health, safety, and welfare. 5.2 Owner/Developer currently intends to develop 200,000 square feet of residential uses on the Property. Such residential uses may be moved to a different location than depicted on the Conceptual Site Plan, may occur in later phases, and maybe modified to meet actual market demand at the time of development. If the Owner/Developerchooses toremoveall of the residential from the project, they will need to obtain approval from City Council for a modification to this Agreement. Additional vertically integrated housing shall be allowed without triggering the need for a modification to this Agreement. 5.3 Subject to Section 4.2, the general configuration of the shops around a plaza area(s) shown centrally on the east side of State Highway 55/Eagle Road shall not substantially change. Amenities such as a water feature, benches, on-street parking, vertically integrated buildings, stamped and/or colored concrete crosswalks, and a mix of restaurants, retail, office and should be provided consistent with this Agreement. 5.4 Across-access agreement shall be required that benefits all businesses within the Property and the property bounded by the Property line to the north and by Records Road to the east, unless the referenced properties are both owned by the same owner at the time this Development Agreement is adopted by the parties. A recorded copy of said agreement, if required, shall be submitted to the Planning Department prior to or concurrently with the first Certificate of Zoning Compliance application for this site. 5.5 The applicant is required to comply with all ACRD and ITD conditions. City will not sign off on any occupancy cards without first receiving DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 6 OF 24 performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 9.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 10. REQiTIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer'seost, and submit proof of such recording to Owner/Developer,prior tothe third reading of the Meridian Zonin nC~dman ch reco da onnthe City Council falls toeadopt the by the City Council. If for any yeas ordinance in connection with the annexation and zoning of the Property contemplated hereby, 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 SURETY OF PERFORMANCE: City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure that installation of the improvements, which Owner/Developer agrees to provide, if required by City. 13. CERTIFICATE OF OCCUPANCY: Owner/Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless City and Developer/Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by City. 14. ABIDE RY ALL CITY ORDINANCES: Owner/Developer agrees to abide by all ordinances of the City of Meridian, unless otherwise provided in this Agreement. 15. NOTICES : Any notice desired by the partiesand/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: DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 10 OF 24 ACKNOWLEDGMENTS 1N WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. de WEERD t ~~ti~~arrrrrrrrri ATTEST: `~ O® ~~ r~® c / i r /~1 t JAYCE AN,~ '~~~ sRK ~.~~ J p ~~''rrrrrrrrrn ns~~zti~~ DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 13 OF 24 • • N: t$ R' 8e ~~ ~ ~~.Ed`S~ IVi~~I~~ i~ts~ilC54~,. ~~ ~ ~~ ~ . ~;.. ~ bEVEI:QPR~EC~TAG~EEM~tstT ' ` ' ' ' ° ~~ , a ~ : CAdV: X~f16ti ~1?It~P7 E B ~ DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 20 OF 24 EXHIBIT B Conceptual Site Plan • • EXHIBIT C Use Tables Use C-G Animal care facilityy p Artist studios p Arts, entertainment or recreation facility, indoors p Arts, entertainment or recreation facility, outdoor stage or music venue C Arts, entertainment or recreation facility, outdoorsy p Building material, garden equipment and suppliesy p Cemeteryy _ Church or place of religious worships p Civic, social or fraternal organizationsy C Daycaze centers A/C Daycare, familys A Daycare, groups A Drinking establishments C Drive-through establishments A/C Education institution, privates p Education institution, publics p Equipment rental, sales, and services C Financial institutions p Flex spacer p Fuel sales facilitys p Fuel sales facility, truck stops C Healthcaze or social services p Hospitals C Hotel and motels P/C Industry, informations p Industry, lights C Laundromats p DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 21 OF 24 u Use Laundry and dry cleaning Mortuary Multi-family development Nursery or urban farms Nursing or residential care facilityr Parking facility Parks, public and private Personal or professional service Public, infrastructure Public or quasi-public use' Public utility, minor Recreational vehicle park Restaurant Retail store Storage facility, outsider Storage facility, self-servicer Temporary use Vehicle repair, minor' Vehicle sales or rental and servicer Vehicle washing facilityr Vertical integrated residential projectr Warehouser Wholesale sales Wireless communication facilityr Wireless communication facility, amateur radio antenna Note: • C-G P P C P P P P C P P P P P A C A P P P P A A P/C A 1. Indicates uses that are subject to specific use standards in accord with chapter 4 of the UDC. DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 22 OF 24 EX~IIBIT D Visual Depiction of Roadway Improvements DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 23 OF 24 a 6RYJ: BNH DA c.'1u-2?-~4.PACE ~. )_ REV: DEVELOPMENT AGREEMENT (AZ 07-012) MERIDIAN TOWN CENTER -MERIDIAN CENTERCAL PAGE 24 OF 24 • CITY OF MERIDIAN ~E ~~~AN~ FINDINGS OF FACT, CONCLUSIONS OF LAW AND I D A H O DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 258.39 Acres from RUT & R6 (Ada County) Zoning Districts to the C-G (General Retail and Service Commercial) Zoning District, for Meridian Town Center by CenterCal Properties, LLC. Case No(s). AZ-07-012 For the City Council Hearing Date of: January 8, 2008 (Findings on the January 22, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts {see attached Staff Report for the hearing date of January 8, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 8, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 8, 2008, incorporated by reference) 4. Required Findings per the t7nified Development Code (see attached Staff Report for the hearing date of January 8, 2008, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the .powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-Q7-012 -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 aze irlnposed. 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, Conceptual Site Plan, and the Conditions of Approval all ixI the attached Staff Report for the hearing date of January 8, 2008, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Annexation and Zoning request as evidenced by having submitted the legal description and exhibit map, prepared by Michael Byrns, dated 8/20/07, is hereby approved per the provisions i~n the Development Agreement; 2. 'The property described in the Annexation & Zoning legal description shall be zoned C- G as recommended by Staff and approved by the City Council; and 3. A Development Agreement is required with approval of the subject annexation & zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of January 8, 2008, incorporated by reference. D. Attached: Staff Report for the hearing date of January 8, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-012 -2- r: ZZwd By action of the City Council at its regular rneeti~ng held on the ~" day of 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED_~~~ COUNCIL MEMBER JOE BORTON VOTED_~~~- COUNCIL MEMBER CHARLIE ROUNTREE VOTED_~~ COUNCIL MEMBER KEITH BIRD VOTED__z~ TIE BREAKER MAYOR TAMMY de WEERD VOTED `~~ DE WEERD ATTEST: ~~ r~o - $~~~ - . -~ II.LIAM G. BERG, JR., ~ T '`~ ~' ~,DUNT~ '~ Capy served upon: _~Apphcant ,,// g Department blic Works Department City Attorney B Dated: ~ "2~ i~ty Clerk's Office CITY OF •MERI~DIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-012 -3- CITY 6F MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE~JANUARY 8, 2008 STAFF REPORT HEARING DATE: January 8, 2003 T TO: Mayor & City ~~ouncil _ • E~ IIJIAN~'`` I~D~HO FROM: Sonya Wafters, Associate City Planner 208-884-5533 SUBJECT: Meridian Towri Center • AZ-07-012 Annexation and Zoning of 258.39 acres from the RUT & R6 (Ada County) zoning districts to the C-G (General Retail and Service Conunercial) zoning district. • VAR-07-017 Variance to UDC 11-3H-4 which prohibits new approaches from directly accessing a state highway at points other than the section line road and the half mile mark between section line roads; Applicant is proposing 4 right- in/right-out access points (2 on each side of State Highway (SH) 55/Eagle Road) and :! right-in/right-outJleft-in access points (one on each side of SH 55). 1. SUIVIIVIARY DESCRIPTION OF .APPLICANT'S REQUEST The Applicant, CenterCal Properties, LLC, has applied for Annexation and Zoning of 25$.39 acres from RUT and R6 (Ada County) zones to C-G (General Retail and Service Commercial) zoning district. (This is the annexation area, the actual property is approximately 244 acres.) A Variance is also requested to UDC 11-3H-4 that prohibits new approaches from directly accessing a state highway at points other than section, line roads and the half mile between section line roads. The Applicant is requesting approval for 4 right-in/right-out access points, two on each side of State Highway (SH) 55/Eagle Road and 2. right-in/right-out/left-in access points, one on each side of SH 55/Eagle Road located appro~cimateP,y ~/ of a mile north of Fairview Avenue. The applicant is also proposing to construct/re-construct ,~ full access, signalized intersection on SH 55 located approximately 'h mile north of Fairview Avenue (River Valley Street); a Variance is not necessary for this access point as it is located at the half mile mark between section line roads as allowed by UDC 11-3H-4B2b. The Applicant has submitted a conceptual development plan (attached as Exhibit A.2) that shows how this property may develop in the future. The overall plan shows 2,607,925 squaze feet of building area, which consists of 1,355,775 square feet of retail azea (retail, anchors, shops, & pads); 897,300 square feet of office area; and 354,850 square feet of residential azea. The plan also shows access points to/from SH 55/Eagle Road an~h E. Fairview Avenue, the extension of Records Road through this site, the extension of E. River V<<lfiey Street from SH 55 to Records Road, and driveway connections into the site from Venhu•e Street at the east boundary. The subject properties aze located on the northeast and northwest corners of N. Eagle Road and E. Fairview Avenue. The properties consist of three parcels in Ada County. The site consists of vacant undeveloped land that is currently being used as a turf farm This property is within the City of Meridian's Area of Impact and Urban Service Planning Area. After the original concept plan was n ansmitted to agencies, the Applicant submitted a revised concept plan (dated September 27, 2(107, included as Exhibit A.6), which added floors to proposed Meridian Town Center AZ-07-012 & VAR-07-0I? PAGE I CITY OF MERIDIAN PLANNfiNG DEPARTMENT STAFF REPORT FORTH°E HEARING DATE OF JANUARY 8, 20U8 structures but did not change the layout of the structures. These changes are documented in a memo attached as Exhibit A.8. 2. SUNIlYIARY RECOMMENDATION Staff recommends approval of A~07-012 and denial of VAR-07-017, as presented in the staff report for the hearing date of November 15, 2007, based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement provisions proposed in Section 10. The Commission is not required to make a recommendation on the Variance application. NOTE TO CONIlVIISSIONlCOUNCIQ. REGARDING FUTURE OWNERSHIP AND CONCEPT PLAN Tlv.s is a large project with many development details yet to be resolved (e.g., Eagle Road improvements and access, exact building locations and uses, elevations, traffic impacts, timing of improvements, etc.). As you know, on large projects it is often difficult for the developer to plan for the full development of the site. You will note as you review this application that we have a fair amount of detail regarding the development at the northeast corner of the Fairview/Eagle intersection, but we have less detail in other areas. The level of detail in the concept plan is related to the future ownership of the property. Currently the property is held in common ownership between Eugene and Walter Kleiner. The applicant for the proj ect is CenterCal properties. Eugene Kleiner will retain ownership of the 60 acres at the north east corner of the annexation site. His intent is to develop the property as a park and dedicate it to the City. The plans for the park site are still being developed and we have no details at this time. With regard to the northeast corner of Fairview/Eagle intersection, this property is under contract by CenterCal and will be the first area to develop. As noted previously, we have a fair amount of detail and certainty regarding the concept plan forthis area. The remainder of the property will be held by the Walter Kleiner family. Some of the property may be developed by CenterCal, but it maybe just as likely developed by another group. This being the case, the applicant has requested that Staff prepare the report by analyzing the property in three sub-areas related to such future ownership. Staff has provided unifying concepts for all three sub-areas, provided detailed recommendations on access, and proposed asquare-footage limit for the proposed office, retail and residential uses on the subject site. However., many of the other Development Agreement (DA) provisions Staff would typically include in a staff report for an annexation only request are not included herein (e.g., elevations). Staffrecognizes that the market trends over time will affect how this property is developed and flexibility is necessary given the size of the development. Staff has prepared a staff report that we believe provides adequate assurances that this property will develop in a manner that is in the best interest of the City. Staff recommends that the Commission and Council include any additional DA provisions that may be appropriate. The Meridian Planning & Zonins Commission heard the AZ request on November 15.2007. At the public hearins they moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Ashley Ford. WRG Design (Applicant's Representative); Jean Paul Wardy. CenterCal Properties (,Applicant); Andy Wilk. CenterCal Properties Applicant); Lars Anderson. Bach Builders; Chris .Brand. Petra Inc.: Michael Ballantyne (representing the I{leiner's) ii. In opuosition: None Meridian Town Center AZ-07-032 & VAR-U7-017 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTM~T STAFF REPORT FOR THE HEARING DATE OF 7ANU ARY S, 2008 iii. Commenting: Victor Villegas (representing Blue Cross of Idaho) Scott Stanfield. Mason Stanfield Engineering (representing Bach Builders) iv. Written teshmonv: None v. Staff. presenting application• Sonya Wafters vi. Other staff commenting on aaplication• Anna Canning b. Kev Issue(s) of Discussion by Commission• t. Pedestrian and vehicular traffic between the sites across Eagle Road,-; ii. The extension of Records Road from Fairview Avenue north to River Valle Road and the extension of River Valle Road from Ea le Road east to Records Road: c. Kev Commission Change(s) to Staff Recommendation ~. None d. Outstanding Issue(s) for City Council• i. The owner of the parcel west of Eagle Road auesdons the need for three pedestrian systems (the multi-use pathway along Eagle Road the multi use pathway along the west aroperty boundary and the sidewalk associated with the uubhc/pnvate street through the center of the site) on the property Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 3 CITY OF MERIDIAN PLANNING DEPART STAFF REPORT FOR THE HEARING DATE~JANUARY 8, 2008 app roved by ACR D and and annnt h P Pv al Iated mta g tram r impart _ V has been o mnle ed " ii. velonme n AQrePmpnt nro vi ion i D A #2 and DA # f ~ht-of-Way ch ropert a 1 b d di aced fo . ri o wav y honl+darv of he r he ea i nod i P cten i sinn of R at d dir h as r.~rds Roa v adia ll h Mows. d ana Fo, nxop erty to the no eet and h so that a spite Recardc Rnad sha ro trio is 1 ke s-a not plac c Psc s crew ed. e v~~h th a P pro~~i Cnnstrncti e initial ph Pfl to t~P on of Rjyg~ ase f tl nrot ". ~ o ~• elonme nt A cre went pro vision i n DA #ti ac fo r lloac "ow ner shall _ alley Ro er shall not b g ad m addition to e r n~Iir d o cons enerall .he 10' truct a y no m Ilt t ir th cont i-ncP r.a d north s h from Fai thwa.. aL..., nllth *+athv ri'Par Av one , ~.... - va f th reau I ired by the P $ s rAlf - no+ uinv th Pl CI~aII on f.s ~L 1~ v or g _ EaE1 a ~ e Wes Pa ~Road_ with a V maV will satl fv bo ways an and~ rcel. from b - en llowance made fo l'nn CPnaratP from h b path P hall he eral ~: r the fi or in Qen c'ni_ nal l onn erally it of hP ~ ocation o I ection vt oa din h is ...:I9, i...o f the 1/S m 'th a rive a P y~PCta,~ OnQ il arSP~aC A~ isle or r~r], path _ a wav way may be co ways l r a Iir m n if ' i nstructed a a de an rea s In i ached •ir n on ~ id ment and fstion walk v the road ~s:th h ro rith G~ land ad Th on.a..n ~+..:.. ' _ 0 m Ilte~ 1C P Tsilwrni ». iv. evelonmen a Aa rk with t r men prov he adia n d v lo ision in A h #~ as fol lows ~~Th annhr ' _ the r off er to shay *raffi p rs o and en eral so I h (D knowl loe s d of bP a D ) rpa» v. _ eve oilmen AQr m n nrovi ion in DA #1 A # f Il `~Agrl cpltllral nse_ I ncludm producti on of c rops shall co as ntinue to b e a11n~+P xahon a an Irban farm ~ whi h i a prim ip al pew-hi d TIC 11-4- 28 and 11-2R-?,." e use under 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-07- 012 &VAR-07-017 as presented in the staff report for the hearing date of January 8, 2008, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07-012 & VAR-07-017 as presented during the hearing on January 8, 2008, for the following reasons: (State specific reasons for denial of the annexation request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ- 07-0i2 & VAR-07-017 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The subject properties are generally located on the northwest and northeast corners of SH 55/N. Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTM~ T STAFF REPORT FOR THE HEARING DA • TE OF JANUARY 8, 2008 M Eagle Road and E. Fairview Avenue, in the southeast''/a of Section 5, Township 3 North, Range 1 West and the southwest % of Section 4, Township 3 North, Range 1 West. Referenced as Ada County'I'ax Parcel Numbers: 51105449011; S1 104346603; and 51104438800 Although there are only three tax pazcels (one on the west and two on the east), the applicant has submitted documentation from Ada County Development Services that there are four legal properties associated with the annexation {one on the west and three on the east). We have attached this documentation as an exhibit in the staff report. b. Owner: Walter Herman Kleiner and Elizabeth Kleiner 1795 N. Eagle Road73600 E. Fairview Avenue Meridian, Idaho 83642 c. Applicant: CenterCal Properties, LLC 7455 S.W. Bridgeport Road, Ste. 205 Ti~gazd, Oregon 97224 d. Representative: Ashley Ford, WRG Design, Inc. (Applicant's Representative) e. Present Zoning: RUT & R6 {Ada County) f. Present Comprehensive Plan Designation: Mixed Use -Regional g. Applicant's Statement/Justification: The proposed Meridian Town Center project will make the rapidly growing community of Meridian a new `center-of-gravity' for the citizens and out of town visitors alike. The initial project concept plan shows approximately 2.5 million squaze feet of retail, entertainment, restaurant, and office space. Meridian Town Center will offer an exceptional tenant mix and presentation to the customer anywhere to be found in the Boise metropolitan area. With the site located on the northeast and northwest corners of Eagle Road and Fairview Avenue, the development will enjoy the highest daily traffic counts to be found in the state of Idaho, exceeding 90,000 vehicles per day. At this intersection, Meridian Town Center will be well positioned to serve the strongest household demographics in the Boise region. Meridian Town Center will provide a broad selection of apparel, home goods, entertainment and restaurant opportunities, offering the discriminating shopper an experience not available in the region. Through a generous donation to the community by the Julius M. Kleiner Memorial Park Trust, Meridian Town Center will be fully integrated with a 60-acre park. (Please see Applicant's narrative for more information.) 5. PROCESS FACTS a. The subject .application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. Newspaper notifications published on: September 17~`, 2007 and October 1 ~`, 2007 (Commission); December 17 2007 and December 31 2007 (Gifu Council) c. Radius notices mailed to properties within 300 feet on: September 7a', 2007 (Commission); December 14.2007 (Gifu Council) d. Applicant posted notice on site by: September 21, 2007 (Commission}; December 7.2007 (Gifu Council Meridian Town Center AZ-07-012-& VAR-07-U17 PAGES CITY~F MERIDIAN PLAIVN~ING DEPAR~ENT STAFF REPORT FOR THE HEARING DATE JANUARY 8, 2008 6. LAND USE a. Existing Land Use(s): The site consists of a couple of homes and several outbuildings. b. Description of Chazacter of Surrounding Area: This site is surrounded by various commercial uses (zoned L-O, C-G, & I-L), a school (River Valley Elementary), and single-family residences. c. Adjacent Land Use and Zoning: 1. North: River Valley Elementary School, zoned R-4; offices (Stokesberry Subdivision), zoned L-O; vacant land and single-family residences, zoned RUT (Ada County}; and single-family residences (Redfeather Estates Subdivision), zoned R-4. 2. East: Single-family residential (Clover Meadows Sub. & Venture Sub.), zoned RUT & Rl (Ada County); Bank, zoned C-G. 3. South: Commercial uses (Treasure Valley Business Center & Crossroads Shopping Center), zoned I-L & C-C. 4. West: Church (Capital Christian Center), zoned L-O; and Packard Estates Subdivision, zoned R-4. d. History of Previous Actions: None e. Existing Constraints and Opportunities 1. Public Works Location of sewer: N Eagle Road Location of water. N Eagle Road, Venture, Tweedbrook, Fairview and Chateau Drive. Issues or concerns: The applicant will be responsible to supply sewer service to E Meadow Wood Drive and Venture Street. 2. Vegetation: Existing trees on the site that should be protected or mitigated for when this site develops.. 3. Fioodplain: This property is not within the floodplain. 4. CanalslDitches Irrigation: The Downey sub-lateral runs across the northern boundary of this site. The South Slough runs across the northeast corner if the site that is east of SH 55. The Applicant will be responsible for any tiling of ditches that may be required with development of this site. 5. Hazards: Staff does not laiow of any natural hazards associated with this property. 6. Proposed Zoning: C-G (General.Retaii and Service Commercial) 7. Size of Property: 258.39 acres f. Summary of Proposed Streets andtor Access: The conceptual development plan submitted by the applicant shows 4 right-in/right-out access points, two on each side of State Highway (SH) SS/Eagle Road, and 2 right-in/right-outtleft-in access points, one on each side of SH 55/Eagle Road located approximately '/a of a mile north of Fairview Avenue. The applicant is also proposing to construct/re-construct a full access, signalized intersection on SH SS located approximately 1/z mile north of Fairview Avenue (River Valley Street). A variance is requested for approval of these proposed access points to SH 55. On the portion of the site that is west of Eagle Road, the plan shows lfull-access point to Eagle Meridian Town Center AZ-07-0.12 & VAR-07-017 PAGE 6 CITY ~F MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JAI~IUARY 8, 2008 Road where River Valley Street currently exists (this will be a signalized intersection), 2 right- in/right-out access points to/from Eagle Road, 1 right-in/right-out/left-in access from Eagle Road, 2 access points to/from Fairview Avenue, 2 driveway connections to the private street along the north boundary, and 1 driveway connection to River Valley Street to the north. On the portion of the site that is east of Eagle Road, the plan shows 1full-access point to Eagle Road where River Valley Street will be extended (this will be a signalized intersection), 2 right- in/right-out access points to/from Eagle Road, 1 right-in/right-aut/left-in access from Eagle Road, 3 access points to/from Fairview Avenue, and 1 signalized, full-access point (Records Road) to Fairview. Records Road is proposed to be constructed from Fairview Avenue through the site to River Valley Street at the north property boundary. River Valley is then shown as connecting to Eagle Road, as a signalized intersection. Two driveway connections are proposed at the east boundary of the site to Venture Street for interconnectivitywlth the adjacent residential subdivision. In addition to Records Road, two driveway connections aze proposed at the north boundary of the site to the proposed River Valley Street. Five driveway connections are conceptually shown to Records Road on both the west (commercial) side and east (park) side. Several internal drive aisles are proposed for access within the site. These aforementioned access points and other access issues aze discussed at length in section 10 of this report. Due to the fact that this is only an Annexation application, ACRD has not submitted formal conditions of approval. However, due to the size of this project ACRD did submit comments on this application that are included in Exhibit B of this report. City Staff has been in contact with ITD and COMPASS Staff and is working with the Applicant's traffic engineer on a scope for a traffic study. Neither ITD nor COMPASS has submitted formal comments to the City on the subject project. Staff is recommending denial of the proposed access points to Eagle Road. Further, because ACRD and 1TD are the road authorities for the existing and proposed public streets and highways, the Applicant must obtain approval from both agencies regarding approval of access points to Eagle Road, E. River Valley Street, Venture Street, and Fairview Avenue. Staff does not support the two driveway connections shown near the northwest corner of the site, west of Eagle Road. There is an existing public street, Chateau Drive that connects to River Valley Street through the elementary school site. Staffbelieves that driveway connections to/from thus site shouted only be allowed to public streets, not private property. Staff recommends that the applicant work with the School District on making the existing private access between Chateau Drive and River Valley Street, a pnblic street connection. NOTE: Staff has not received any comments from Valley Regional Transit (VRT) but believes there is a great opportunity to plan for bus service within or alongside this development. Staff is recommending that the Applicant contact VRT prior to the City Council meeting to see if there is any opportunity for bus shelters, bus stops, bus pnll-outs, or park and ride areas in this area. 7. COMMENTS MEETING On September 14, 2007, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions in the attached Exhibit B. Because this is only an annexation application, there are no conditions of approval; all applicable provisions are proposed in three Development Agreements. $. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed Use-Regional' on the Future Land Use Map. In Chapter VII of Meridian Town Cer-ter AZ-07-012 & VAR-07-017 PAGE 7 CITY dF M~ERI~DIAN PLANNING DEPAR • STAFF REPORT FOR THE HEARING DATE• ANUARY 8, 2008 the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU-R designation allows for over 200,000 square feet ofnon-residential uses, residential densities ranging from 3 to 40-dwelling units per acre, mixed use neighborhood and mixed use commercial uses, as well as regional commercial uses such as entertainment and employment centers and clean industry. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.• - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. • Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within the Impact Area. Staff finds that the site is designated for a mix of uses on the Comprehensive Plan Future Land Use Map. 7'he applicant has proposed a horizontal mix of uses including park site, retail, office, and residential. The applicant has also proposed some vertical mixed use in the CenterCal portion of the development. Staff believes that over time, a variety of public recreation, commercial, retail, office, and residential uses will be provided on this site. • Chapter VII, Goal N, Objective D, Action 4 - "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." Upon development of the property, a minimum 35 foot wide landscaped street buffer will be required along E. Fairview Avenue and N. Eagle Road, classified as principal arterial streets and .entryway corridors. Buildings and parking will be set back from these streets at least the width of the required buffers. • Chapter VII, Goal N, Objective D: Encourage appropriate land uses along transportation corridors. The applicant is proposing a mix of public recreation, commercial and residential uses. Staff believes that the proposed development is appropriate along the adjoining transportation corridors (Fairview Avenue & Eagle Road). The future residents in this area will have services Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 8 • CITY OF MERIDIAN PLANIVI•NG DEPARTMENT STAFF REPORT FOR THE HEARING DATE JANUARY 8, 2008 within walking and biking distance. Chapter V, Goal III, Objective D, Action 5 - "Require all commercial businesses to install and maintain landscaping." The Applicant is not specifically proposing to install any landscaping with the subject annexation application. Upon development of this site, all commercial businesses will be required to construct internal and perimeter landscaping. Said landscaping must be installed prior to issuance of Certificate of Occupancy of the proposed building(s) on this site. Chapter IV, Goal I, Objective A, Action - "Permit new... commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." This property is contiguous to the City and sanitary sewer and water are readily available. • Chapter VII, Goal N, Objective A, Action 6: Require screening and buffering of conunercial and industrial properties and residential use with transitional zoning. Upon development of the property, a 25 foot wide land use buffer will be required along the boundaries of the site that abut existing residences.Future commercial uses on the property will be required to provide screening and buffering to the existing residences, in accordance with the UDC. Chapter VII, Goai I, Objective B, Action 5: Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. The subject properties are located on the corner of two principal arterial streets on one of the busiest intersections in the State of Idaho. This makes the site an ideal place for a mixed use development. A movie theatre is proposed to be constructed in the first phase of development, which will serve the adjacent neighborhoods as well as draw in a regional customer base. Staff believes that the proposed uses transition to and integrate with the established uses in this area. Chapter VII, Goal N, Objective C, Action 10: Support a variety of residential categories (low-, medium-, and high-density single-family, multi-fanuly, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The proposed lifestyle center located in the middle of the project is a vertical mixed-use project with retail uses on the bottom floor with office and residential units above. Staff believes that the proposed residential units contribute to the variety of housing opportunities within the City. Chapter VII, Goal V, Objective A, Action '7: Continue promoting quality mixed-use developments in accordance with the Future Land Use Map. The Future Land Use Map designates this property as Mixed Use -Regional. As such, this property should offer over 200, 000 square feet of commercial space with uses including neighborhood commercial, commercial services and residential uses and a 60-acre park site. The proposed lifestyle center is envisioned to be a regional commercial destination that may include several housing opportunities. Chapter VI, Goal II, Objective A, Action 13: Review new developments for appropriate opportunities to connect to local roads and collectors in adjacent developments. Records Road/Alleys Way is a planned collector roadway just north of this site. The proposed development will connect Records Road from Fairview Avenue to Raver Palley Street and stub Meridian Town Center AZ-07-012 & VAR-07-U17 PAGE 9 CITY OF MERIDIAN PI;ANNING DEPARTT•T STAFF REPORT FOR THE HEARING DATE~JANUARY 8, 2008 records to the north property line to connect up to llstick Road. The applicant is proposing to access existing local roads to the east, west and north. The following are Mixed Use development standards that serve as general guidelines for development in Mixed Use areas that are applicable to the proposed development: Where feasible, multi-family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the projecf is adjacent to State Highways 20-26, 55, or 69. The subject property is located adjacent to SH SS. The proposed development will serve as a major employment center in this area. Multi family dwellings are shown on the concept plan on the eastern portion of this development and also centrally within the development, over shops (vertically integrated).By not restricting the number of allowed dwelling units, we have left open the possibility for additional housing units as can be supported by market demand. Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted. The Applicant has submitted a conceptual development plan with the subject AZ application showing how the property may develop in the future. Although the project will not necessarily be constructed in true phases, the property will not be developed all at once either. The first portion to be developed will be the CenterCal ownership area located on the east side of SH SS, west of the future Records Road and south of the northernmost access point shown to SH SS, generally south of River Palley Street. • In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space. The concept plan depicts o, f, j~ce buildings on the northwest side of the site arranged around a large common area on the portion of the site that is west of SH SS. On the portion of the site that is east of SH SS, buildings are situated so that they surround a large plaza area. The theatre/shops site along with another building planned for shops/office also appears to include a plaza. Where the project is developed adjacent to a low or medium density residential use, a transitional use is encouraged. Transitional uses are shown on the conceptplan adjacent to low & medium density uses in the form of offices and multi family residences. Higher intense uses (retail & restaurants) are proposed internally within the development and adjacent to the transportation corridors. • A mixed use project shall include a principal use (retail, office, professional or residential) and at least one other type of land use. The proposed mixed use project consists of retail, professional office, residential uses, and a 60- acre public park. All Waxed use projects shall be directly accessible to neighborhoods within the section by both vehicles and pedestrians. The concept plan shows vehicular/pedestrian connections from Venture Subdivision to the east and Packard Estates Subdivision via Chateau Drive from the west. There is existing unopened right-of-way into the future park site (northeast corner of the site). The applicant should be Meridian Town Center AZ-07-012 &' VAR-U7-017 PAGE 10 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 required to provide access to the proposed public parkfrom Green Meadow and Meadow Wood Streets. 9. Z(}NING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C-G zoning district. Retail Stores, restaurants, financial institutions, fuel sales facility, personal & professional services, parks, and other uses, are listed as principal permitted uses in the C-G zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proxunity to streets and highways. c. Dimensional standards for the C-G zoning district, per UDC Table 11-2B-3: Front setback in feet 0 Rear setback in feet 0 Interior side setback in feet 0 Street landsca buffer in feet Local 10 Collector 20 Arterial 25 Land buffer to residential uses in feef ""' 25 Maximum buildin hei ht in feet 65 Ma~amum building size without design standard a royal as set forth in 11-3A-19 in uare feet 200,000 Parking requirements See Chapter 3 Article C OFF-STREET PARKING AND LOADING REQUIREMENTS Landsca in .re uirements See Cha ter 3 Article B LANDSCAPING REQUIREMENTS 'All setbacks shall be measured #rom the ultimate right-of way for the street classification as shown on the adopted Transportation Plan. **minimum setback only allowed with reuse of existing residential structure, **'Vllhere the adjacent property is vacant, ~e Director shall determine the adjacent property designation based on the Com rehensive Plan desi nation. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation AZ Application: Please see Exhibit D for detailed analysis of the UDC required facts and findings. The annexation legal description submitted with the application iprepazed on August 20, 2007, by Michael Byres, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. Parcel Configuration: The subject 258.39 acre site consists of three tax parcels currently in Ada County, zoned RUT & R6 that have not been previously platted. The site currently consists of vacant undeveloped property. The Applicant is proposing to reconfigure the parcels to reflect the future ownership, as depicted in Exhibit A3. As noted previously, although there are only two tax parcels on the east side, the applicant has submitted documentation from Ada County Development Services that there are three legal properties associated with the eastern annexation area. Because the proposed DA provisions aze set up to reflect this proposed parcel configuration, Meridian Town Center AZ-07-0'12 & VAR-07-017 PAGE l 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 it is important that the applicant create these parcels prior to entering into the development agreement negotiations. Therefore, the applicant should prepare and record the necessary legal descriptions and quit claim deeds to accomplish the ownerships as depicted in Exhibit A.3 prior to approval of the annexation ordinance. Although the City wi<ll have no approval authority in this matter, we ask that the applicant allow the City to review the legal descriptions prior to recordation for compliance with the proposed DA provisions. Zoning Districts: The Applicant is requesting that the entue site be zoned C-G. The Comprehensive Plan Future Land Use Map designates this property as Mixed Use -Regional. The requested C-G zone is generally consistent with the land use designation for this property. Because transitional zoning is not requested with this application, Staff is including a Development Agreement provision that only park, office, and residential uses be allowed along the boundaries of the site that are adjacent to existing residential uses, as shown on the concept plan. Concept Plan: The applicant submitted a conceptual site plan for this site showing how the property is planned to develop in the future. The overall plan shows 2,607,925 square feet of building area, which consists of 1,355,775 squaze feet of retail (labeled as retail, anchors, shops, restaurants, & pads); 8.97,300 square feet of office; 354,.850 square feet of residential uses; and, a 60 acre City park site. i~PDATE: On 9/27/07, the Applicant submitted a revised concept plan, dated 9/27/07 included as Exhibit A.6; Staff prepared a memo dated IO/10/07, included as Exhibit A.8 that describes the revisions. Staff is including a provision that allows a change of plus or minus 20% of the square footage of any individual retaiUoffice/commercial building or collection of buildings shown on the revised concept plan. Further, residential uses should be developed on the property at a minimum total square footage of that currently shown on the plan, not as a maximam, subject to market demand. If the applicant chooses to remove the residential uses completely, they should get a modification to the DA. Any retail or office use as noted on the plan may include vertically integrated residential as part of the project without modifying the DA. Staff believes that the proposed mix of uses shown on the concept plan complies with the Comprehensive Plan Future Land Use Map designation of Mixed Use -Regional for this site. The plan (attached in Exhibit A.2) shows the property divided in three phases that generally reflect the ownership patterns. It is unportant to note that although the Applicant has included all of the property to be annexed on the concept plan, the portion of the property owned by Walter Kleiner that encompasses the azea shown as DA #2 in Exhibit A.3 will be retained by Mr. Kleiner and maybe developed at a later time by a different developer. For this reason, the Applicant (CenterCal Properties, Inc.) is not able to provide anything more than a rough concept of how this portion of the property depicted as DA #2 in Exhibit A.3 may develop in the future. Because of this, Staff has provided minimal analysis on this side of the project. Included in the proposed DA for this site is a provision that requires a subsequent concept plan be approved by the City Council, prior to construction of any buildings on this side of Eagle Road. The area shown as Phase 1/Phase 2 on the concept plan, located on the east side of Eagle Road, consists of 87.97 acres and contains 1,318,825 squaze feet of building area consisting of anchors, shops, pads, office; and residential uses in 29 structures: The lazgest of these structures consists of 180,000 square feet. The buildings in the central portion of this azea are situated so that they surround a large plaza azea. The azea where the theatre and shops are proposed also includes a plaza. Staff supports the plaza azeas shown on the concept plan as well as the drive aisles with parallel parking on each side of the aisle as these driveways link the shops together and should lend a unifying feel to this development. A total of 5,065 parking spaces (standard, on-street, structured) are proposed for this portion of the site. A theatre is proposed within this area that is planned to be one of the first structures built. Residential units are proposed above some of the Meridian Town Center AZ-07-OI2 & VAR-07-017 PAGE 12 CITY OF MERIDIAN PLAIVIV°I~IVG DEPART•T STAFF REPORT F'OR THE HEARING DATE~JANUARY 8, 2008 shops shown near the theatre location. Staff strongly supports the vertically integrated residentiaUeommercial uses shown on the plan. The Applicant has stated that the azea shown as DA #3 in Exhibit A.3 (shown on the concept plan as part of Phase 1/Phase 2, excluding the four buildings north of the proposedright-in/right-out driveway to Eagle Road) is more of a detailed concept plan than the other areas shown as Phase 3 (east), Phase 3 (west), or the 60-acre pazk on the concept plan. The portion of the site shown as DA #3 is proposed to be developed first. As such, Staff has spent more time analyzing this portion of the annexation area and has provided more DA provisions for this area. The azea shown as Phase 3 (west) on the concept plan, located on the west side of Eagle Road, consists of 71.99 acres and contains 956,500 square feet of building azea consisting of office and retail uses in 22 structures. The largest of these structures is proposed for multi-tenant retail uses and consists of 200,000 square feet broken into six retail stores ranging from 20,000 square feet to b0,000 squaze feet. Office uses are proposed along the west property boundary adjacent to the existing residences in Packazd Estates Subdivision and along the north boundary adjacent to the school property. Staff supports the location of the office uses adjacent to existing residences as a transition to the more intense commercial uses proposed to the south. However, Staff is not supportive of fully segregating the office uses from the retail uses on this site. Structures on the northern portion of the site are arranged around a central common azea for a courtyard effect. Staff strongly supports the design of this area, but recommends that some retail and/or residential land uses be added to the northern half of this site. Likewise, Staff recommends that some office andlor•residential uses be added to the southern half of the proposed site (currently all the uses are shown as retail). Further, for addressing purposes, Staff recommends that anorth-south, either private or public street be constructed in this area. A total of 3,379 pazking spaces are proposed for this area. The Applicant has stated that the concept plan for this area is very conceptual in nature as it will be developed at a later date by most likely a different developer. The area shown as Phase 3 (east) on the concept plan, just west of Venture Street, consists of 20.16 acres and contains 332,600 squaze feet of building area consisting of office and residential uses in 10 structures. Residential and office uses aze proposed along the east property boundary adjacent to existing residential uses in Venture Subdivision. Staff supports the location of the office and residential uses adjacent to existing residences as a transition to the more intense commercial uses proposed to the west. A total of 1,.178 parking spaces aze proposed for this azea. This azea is also very conceptual in nature as it will also most likely be developed at a later date' by a different developer. This area is included in DA#2 with the area west of Eagle Road, and the 20 acres south of River Valley Street. A 60-acre park, shown at the northeast comer of the site, is proposed to be donated to the community by the Julius M. Kleiner Memorial Park Trust. The pazk will serve as a buffer between the commercial development and the adjacent existing residences in Redfeather Estates Subdivision and Clover Meadows Subdivision. A section of unopened right-of•--way exists that abuts the site at the east boundary of the park and the west boundary of Clover Meadows Subdivision where Green Meadow & Meadow Wood streets terminate. Either additional right- of-way should be provided for the construction of a street to link these two streets together or cul-de-sacs should be constructed on the site for turnarounds. In either case, the remaining portion of unused right-of--way, if any, should be vacated. A stub street {N. Tweedbrook Avenue) also exists at the north boundary of the park site from Redfeather Estates Subdvision. This street should be extended into this site and connected to another public street within the development or a cul-de-sac for a turnaround should be provided on the park site. The Applicant should work with the Parks Department on the design and dedication of the park. Staff is very Meridian Tov-m Center AZ-07-012 & VAR-O7-017 PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE~JANUARY 8, 2008 appreciative and supportive of the proposed pazk donation and believes that it will serve as a great amenity to this development and the community as a whole. Staff has reviewed the overall concept plan and offers the following comments: 1) Staff likes the location of the buildings proposed directly adjacent to the transportation corridors with pazking to the rear and sides of the structures; Staff would like to see more structures built in these areas to screen the parking lots from adjacent streets. 2) Staff likes the design of the buildings azound the lazge common area shown at the northwest comer of the site, west of SH 55. Staff would like to see an amenity like this included in any future concept plan; 3) Staff likes the design of the shops around the plaza azea shown centrally on the east side of SH 55 and the plaza azea in front of the Theatre and shops; the general configuration of the plaza areas and buildings should not change in these areas. Amenities such as water features, benches, on-street parking, vertically integrated buildings, stamped concrete crosswalks, and a mix of restaurants, retail; office and residential uses should be provided as proposed (provided in DA #3); 4) Staff likes the design of the pazking shown in front of the lazge multi-tenant retail building along the west boundary. of the site, west of SH 55 (see example in Exhibit A.4); this parking concept should be incorporated into the sitelpazking design east of SH 55, between the stand alone pad sites along SH 55 and the lifestyle center wherever possible and where consistent with the design concept (provided in DA #3); 5) Staff likes the vertically integrated residential uses proposed above the shops (provided in DA #3); 6) Staff likes that office and residential uses and a park are proposed adjacent to existing residences to the east, west; and north of the site to serve as a transition to more intense commercial uses; these uses shall not change along boundaries adjacent to residential uses (provided in DA's #1, 2, and 3). Staff is including the items discussed in this section, as well as other provisions listed below, in the Development Agreements for this project. Parking Lot Layout: The concept plan depicts building pads and structures located directly adjacent to SH 55/Eagle Road. Staff is in favor of the location of these pads/structures as they allow for buildings to be located close to the street with the majority of the pazking to be placed behind or at the sides of the structures, creating a better curb appeal for the site than an expanse of pazking. Staff is in favor of the design of the pazking area shown in front of the largest retail building along the west boundary of the site, west of SH 55 (see Exhibit A.4 for example). This concept should also be used for pazking areas on the east side of SH 55 (see Exhibit A.8). If access points to SH 55 and Fairview Avenue aze approved, the Applicant should submit a plan showing pedestrian and primary access drives and parking within the site. Parking spaces cannot exceed 12 in a row without an internal planter island; the concept plan shall be revised to comply with this requirement. Staff is including Development Agreement pravisions as discussed in this section. Site Design: This site is located in a highly visible intersection of the City. The importance of this location makes quality design essential. The Applicant has not submitted conceptual building elevations of what the structures on this site may look Like. The Applicant shall submit architectural standards for development of the subject property prior to the City Council hearing. An oral and visual presentation should be made by the Applicant at the Commission hearing. Staffbelieves there aze benefits to designing the sites on the east and west Meridian Town Center AZ-07-012 & VAR-07-U17 PAGE 14 CITY OF MERIDIAN PLANNING DEPARTM~T STAFF REPORT FOR THE HEARING DATE ~ANUARY 8, 2008 sides of SH 55/Eagle Road with unifying concepts such as pedestrian/vehicular access, aesthetic elements, amenities, landscaping, etc. that would tie the two sites together. Because the west side of SH 55/Eagle Road will most likely be developed by a different developer, CenterCal is not able to dictate what standards would be applied to the site design of that parcel. The City, however, would like to see certain landscaping, site design, and architectural standards applied to the parcel on the west side of Eagle Road when it develops ttirough the Development Agreement for that site as follows: the quantity, species of trees, and design of landscaping should generally matchfmirror each other; buildings should be constructed adjacent to SH 55/Eagle Road so that a majority of the parking is located to the sides and rear of structures in compliance with entryway corridor design standards. To ensure a minimum design standard, Staff is including a Development Agreement provision in DA #2 for all buildings within the development and site improvements to be subject to administrative design review as defined in UDC 11-3A-19. If the location of future buildings is not generally consistent with the submitted concept plan, as determined by the Planning Director, the Applicant shall be required to get City Council approval for a Development Agreement Modification. (Note the internal buildings shall not be .subject to the 8 foot wide pedestrian pathway requirement to the adjacent sidewalk.) Access: Unified Development Code 11-3H-3B prohibits direct access to state highways except at the section line roads and the half mile mark between section line roads. A major aspect of the concept plan is the proposed vehicular access to/from the site and internal drive aisles and parking. The conceptual development plan submitted by the applicant shows 4 right-in/right-out access points, two on each side of State Highway (SH) 55/Eagle Road, and 2 right-in/right- out/left-in access points, one on each side of SH SS/Eagle Road located approximately ~/a of a mile north of Fairview Avenue. The applicant is also proposing to construct/re-construct a full access, signalized intersection on SH 55 located approximately Ih mile north of Fairview Avenue (River Valley Street). A variance is requested for approval of these proposed access points to SH 55. On the portion of the site that is west of Eagle Road, the plan shows lfull-access point to Eagle Road where River Valley Street currently exists (this will be a signalized intersection), 2 right- in/right-out access points to/from Eagle Road, 1 right-in/ri~ght-out/left-in access from Eagle Road, 2 access points tolfrom Fairview Avenue, 2 driveway connections to the private street along the north boundary, and 1 driveway connection to River Valley Street to the north. On the portion of the site that is east of Eagle Road, the plan shows lfull-access point to Eagle Road where River Valley Street will be extended (this will be a signalized intersection), 2 right- in/right-out access points to/from Eagle Road, 1 right-in/right-out/left-in access from Eagle Road, 3 access points to/from Fairview Avenue, and 1 signalized, full-access point (Records Road) to Fairview. Records Road is .proposed to be constructed from Fairview Avenue through the site to River Valley Street at the north property boundary. River Valley is then shown as connoting to Eagle Road, as a signalized intersection. The Applicant should provide access to the properties to the north from E. River Valley Street. The location of River Valley Street shall not create a "spite strip" between this property and the properties to the north. Two driveway connections are proposed at the east boundary of the site to Venture Street for interconnectivitytyith the adjacent residential subdivision. In addition to Records Road, two driveway connections are proposed at the north boundary of the site to the proposed River Valley Street. Five driveway connections are conceptually shown to Records Road on both the west (commercial) side and east (park) side. Several internal drive aisles are proposed for access within the site. Due to the fact that this is only an Annexation application, ACRD has not submitted formal Meridian Town Center AZ-OZ-0.12 & VAR-07-017 PAGE 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE JANUARY 8, 2008 conditions of approval. However, due to the size of this project ACHD did submit comments on this application that are included in Exhibit B of this report. City Staff has been in contact with ITD and COMPASS Staff and is working with the Applicant's traffic engineer on a scope for a traffic study. Neither ITD nor COMPASS has submitted formal comments to the City on the subject project. Staff is recommending denial of the proposed access points to Eagle Road. Further, because ACRD and ITD are the road authorities for the existing and proposed public streets and highways, the Applicant must obtain approval from both agencies regarding approval of access points to Eagle Road, E. River Valley Street, Venture Street, and Fairview Avenue. Staff does not support the two driveway connections shown neaz the northwest corner of the site, west of Eagle Road. There is an existing public street, Chateau Drive that connects to River Valley Street through the elementary school site. Staffbelieves that driveway connections to/from this site should only be allowed to public streets, not private property. Staff recommends that the applicant work with the School District on making the existing private access between Chateau Drive and River Valley Street,. a public street connection. NOTE: Staff has not received any comments from Valley Regional Transit (VRT) but .believes there is a great opportunity to plan for bus service within or alongside this development. Staff is recommending that the Applicant contact VRT prior to the City Council meeting to see if there is .any opportunity for bus shelters, bus stops, bus pull-outs, or park and ride areas in this area. A stub street (N. Tweedbrook Avenue) exists at the north boundary of the pazk site from Redfeather Estates Subdivision. This street should be extended into this site and connected to another public street within the development or a cul-de-sac for a turnaround should be provided on the park site. The Applicant should work with the Parks Department on the design apd dedication of the park. Staff is very appreciative and supportive of the proposed park donation and believes that it will serve as a great amenity to dais development and the community as a whole. Staff does not generally support the configuration of the parking spaces shown in front of bui°ldings that are adjacent to major access driveways. Staff is concerned about traffic flows and. safety if vehicles aze allowed to back out into oncoming traffic. Staff has included a DA provision that requires the Applicant to demonstrate that there are safe and efficient drive aisles that do not encourage speeding and cut through traffic (provided in DA #3). Across-access agreement should be required that benefits all businesses within this development. Staff is including Development Agreement provisions as discussed in this section. STAR Legislation: Currently, the Applicant is in negotiations with the Idaho Transportation Department (ITD) to construct capacity ungrovements on Eagle Road in accordance with the STAR (State Tax Anticipation Revenue) legislation. The STAR legislation went into effect on July 1, 2047 and is a law that provides a new method of financing transportation infrastructure projects on state highways. The law provides a. mechanism by which developers of retail commercial complexes provide upfront funds for certain transportation infrastructure improvements and can recoup a portion of the cost from sales and use tax revenue generated by the commercial retail complex. The developer must expend a minimum of $8 million in transportation improvements to qualify for reimbursement under the STAR law. The maximum reimbursable amount of a given project is $35 million. The developer's .retail commercial complex must cost a minimum of $4 million. If ITD does not approve of the Applicant's proposal and the Applicant is not able to complete the improvements as proposed, the timeline.and construction of the project may be affected. Staff has not required the applicant use the STAR legislation, but is supportive of the applicant pursuing the improvements to Eagle Road. Any and all sections of Eagle Road that are improved by the Applicant should be done in Meridian Town Center AZ-07-012 & VAR-07-U17 PAGE 16 CITY 6F MERIDIAN PLANNING DEPARTM• STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 accordance with the Eagle Road Arterial Study. These improvements include, but are not limited to: capacity improvements, drainage facilities, landscaping, medians, and pedestrian-level lighting. If the applicant is not able to make use of the STAR legislation for all the proposed improvements, at a minimum, they should be held responsible for those improvements along the frontage of the properties noted in this annexation request. NOTE: Staff believes that the timing of access and collector road improvements is important in the orderly development of this property. Staff supports the applicant's efforts to include Records Road and River Valley Street in the STAR legislation project. In the event that Records Road and River Valley Street are not constructed under the STAR legislation provisions, staff has added appropriate provisions in the DA agreement for both The Walter Kleiner property (DA #2) and the CenterCal property (DA #3). Staff concern is that both roadways are on the Walter Kleiner property, while the initial development is on the CenterCal property. Landscaping: Although the design of this project is only conceptual, Staff believes there are some landscape elements that should be discussed at this early stage. The following landscaping elements should be included in the concept plan for this site and included as Development Agreement provisions. • UDC 11-2B-3 requires a 35-foot wide landscape buffer be constructed along SH 55/Eagle Road and E. Fairview Avenue, both entryway corridors, in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC 11-2B-3 requires a 20-foot wide landscape buffer be constructed along both sides of Records Road, a collector roadway, in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC 11-2B-3 requires a 10-foot wide landscape buffer be constructed along the west side of Venture Street (and any other local commercial street) in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC 11-2B-3 requires a 10-foot wide landscape buffer be constructed along E. Chateau Drive in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC 11-2B-3 requires a 20-foot wide buffer to be constructed along the south side of E. River Valley Street (north side to be constructed by the adjacent property owner) in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • A buffer shall be constructed adjacent to all driveways within the site that are required to be constructed as public/private streets in accordance with the standards listed in UDC 11-3B-7. The width of the buffer shall be determined by the street classification in accordance with UDC 11-2B-3. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC 11-28-3 requires a 25-foot wide landscape buffer between residential uses and properties zoned C-G. This buffer should be designed and constructed in accordance with UDC 11-3B-9. Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 17 CITY bF MERIDIAN PLANNING DEPAR ~ T STAFF REPORT FOR THE HEAWIVG DATE• JANUARY 8, ZU08 • UDC 11-3H-4C.3 requires aten-foot (10') multiuse pathway to be constructed within a public use easement andpedestrian-level streetlights and landscaping consistent with the Eagle Road Corridor Study to be installed along SH 55/Eagle Road. • The applicant should comply with any other landscaping standards described in the UDC, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. Design Standards: Because this site is located on a highly visible transportation corridor, Staff is requesting as a provision in the DA that all structures within the development be subject to the design standards listed in UDC 11-3A-19C as follows: Architectural Character: a. Facades: Facades visible from a public street shall incorporate modulations in the facade, roof line recesses and projections along a minimum of twenty percent (20%) of the length of the facade. b. Primary public entrance(s): The primary building entrance(s) shall be clearly defined by the acchitectural design of the building. Windows, awnings, or arcades shall total a minimum of thirty percent (30%) of the facade length facing a public street. c. Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (Z) or more roof planes; d) varying parapet heights; and e) cornices. d. Pattern variations: At least two (2) changes in one (1) or a combination of the following shall be incorporated into the building design: color, texture and/ materials. e. Mechanical equipment: All ground-level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. 2. Color and materials: Exterior building walls shall demonstrate the appearance of high- quality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or textured masonry block, textured architectural coated concrete panels, tinted or textured masonry block, or stucco or stucco-like synthetic materials. Smooth-faced concrete block, tilt-up concrete panels, or prefabricated steel panels aze prohibited except as accent materials. 3. Pazking Lots: No more than seventy percent (70%) of the off-street parking area for the structure shall be located between the front facade of the structure and abutting streets, unless the principal building(s) and/or parking is/aze screened from view by other structures, landscaping and/or berms. 4. Pedestrian wallcways: a. A continuous internal. pedestrian walkway that is a minimum of eight feet (8') in width shall be provided from the perimeter sidewalk to the main building entrance. The walkway width shall be maintained clear of any outdoor sale displays, vending machines, or temporary structures. (Note: The internal buildings shall not be subject to this requirement.) b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. c. Walkways at least eight feet (8') in width, shall be provided for any aisle length that is greater than one-hundred fifty (150) pazking spaces or two hundred feet (200') away from the main building entrance. Meridian Town Center AZ-07-012 & VAR-07=017 PAGE 18 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 d. The walkways shall have weather protection (including but not limited to an awning or arcade} within twenty feet (20') of all customer entrances. NOTE: City Staff is currently working on new design standards. If additional design standards are adopted at the time of building permit submittal, the Applicant should comply with those adopted standards. The Applicant may submit design guidelines to be included in their DA or in a modified DA. Any such design guidelines included in an approved DA would guide the development of this area. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) pernut is to ensure that all construction, alterations andlor the establishment of a new use complies with all. of the provisions of the UDC before any work on the structure is started and/or the use is established (LTDC 11-5B-1.A). To ensure that all of the provisions in the development agreement (see below) are complied with, the City requires that the applicant obtain CZC approval from the Planning Department prior to site development; all site and landscaping improvements must be installed prior to occupancy. Development Agreement: Development Agreements (DAs) will be required as part of the annexation of this property. Because there are separate proposed properties and different proposed property owners involved in this development, Staff is requesting that three separate DA's be prepared. As discussed under the "Parcel Configuration" section, staff recommends that the applicant create parcels to reflect the proposed DA boundaries for each ownership prior to approving the annexation ordinance. Each owner shall enter into an agreement with the City of Meridian. The applicant shall contact the City Attorney, Bill Nary, at 888-4433, within 12 months of City Council approval to initiate this process. All of the DA's and annexation ordinances need not be on the same City Council agenda. Development Agreements: Please see Exhibit A.3 for a map detailing the boundaries of land that will be incorporated into each DA. Specific Provisions for Development Agreement No. l (Park): • ~ricultural use including production of crops shall continue to be allowed after annexation as an urban farm use which is a principal permitted use under UDC 11- 43-28 and 11-2B-2. • Development of this azea shall be for a City Pazk. The Applicant shall coordinate the design and improvements of this site with the Parks Department and the Parks Commission. The subject park site shall contain approximately 60 acres: The park site shall be subject to review and approval by the City Council on a noticed agenda and notices shall be sent to all property owners within 300 feet of the property boundaries. • The public stub street (Tweedbrook Avenue) in Redfeather Estates Subdivision at the north property boundary shall be extended into this site and connect to a public street or a public cul-de-sac shall be constructed on the site for a turnaround. At no time shall construction traffic associated with the development of this site be allowed to access this site through Tweedbrook Avenue in Redfeather Estates Subdivision. • A section of unopened right-of--way exists that abuts the site at the east boundary of the park and the west boundary of Clover Meadows Subdivision where Green Meadow & Meadow Wood streets ternunate. Either additional right-of--way shall be provided for the construction of a street to link these two streets together or cul-de-sacs shall be constructed on the site for turnarounds. In either case, the remaining portion of unused right-of--way, if Meridian Town Center AZ-U7-o12 & VAR-U7-017 PAGE 19 ITY O~ MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 C any, shall be vacated. • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit, prior to all new construction, or establishing the park site on the subject property. • Construct a 20-foot wide landscape buffer along Records Road in accordance with the standards in UDC 11-3B-7. • The applicant shall comply with all landscaping standards described in UDC 11-3B, including but not limited to~ UDC 11-3B-8 which outlines the standazds for pazking lot landscaping. Existing trees on this site shall be retained or mitigation shall be provided in accordance with UDC 11-3B-10. The applicant shall work with the Pazks and Recreation Department regazding the removal or replacement of any trees on this site. • A park is proposed adjacent to existing residences to the east and north of the site to serve as a transition to more intense commercial uses;. this use shall not change along the boundaries adjacent to residential uses. There shall be a 26-foot height limit for any structure within 100 feet of the property line of an existing residence at time of annexation. • The following provisions that will guide staff in administering the concept plan over time. This references the long term implementation of the concept plans and guides the Director in how to determine consistency. If the proposed location of buildings or uses is not generally consistent with the approved concept plan, as determined by the Planning Director, the Applicant shall be required to get City Council approval of a Development Agreement Modification for a new concept plan. \ o In determining consistency, the Planning Director may allow a plus or minus 20% change in square footage for any building, or collection of buildings, as depicted on the concept plan. Relocation of buildings shall be allowed provided that the impact to adjoining properties remains the same or is less than that depicted on the concept plan and provided that the integrity of the concept plan remains unchanged. (For example, for buildings that are placed to form a central plaza, those buildings maybe relocated if the plaza amenity is substantially equal to or better in size and character than originally depicted.) Changes in uses as depicted on the concept plan will not be allowed on structures immediately adjacent to existing residences at the time of annexation without the Planning Director's determination that the proposed use will be less of an impact on adjacent residences. Changes in uses elsewhere maybe allowed if the general impact is the same or less than that proposed. The Director will seek advice from ACRD regarding traffic impacts associated with any proposed change in use. Specific Provisions for Development Agreement No. 2 (Ifleiner Ownership): Background. The Applicant has shown a concept plan with 3 parcels to be retained by the Walter Kleiner family ("Owner's following the closing of the transactions with Center Cal Properties and The Julius M. Kleiner Memorial Park Trust: 1. Approximately 37 acres east of Eagle Raad and north of the proposed CenterCal Properties lifestyle center (the "North Parcel"); 2. Approximately 20 acres north of Fairview Avenue, east of the proposed lifestyle center and Records Avenue, and south of the proposed park (the "East Pazcel"); and Meridian'Fown Center AZ-07-012 & VAR-07-017 PAGE 20 CITY ®F MERIDIAN PLANNING DEPART~T STAFF REPORT FOR THE HEARING DATE~JANUARY 8, 20118 3. Approximately 72 acres north of Fairview Avenue and west of Eagle Road (the "West Pazcel"). The concept plan for these three pazcels is preliminary in nature and is likely to change given that development may not occur for 5 to 10 years or even longer. Owner intends to select a quality developer(s) for these three parcels. The proposed development agreement terms are designed to allow the development of these 3 parcels to respond to future market conditions while assuring that the future development is limited to appropriate uses and executed according to quality standards suitable to this location. Definition _All references to "Owner" herein include a purchaser or other transferee of the Owner's interest in part or all of the Owner's land (North Parcel, East Parcel., and West Parcel), unless the terms or the context of the agreement suggests otherwise. • Urban Farm: Agricultural use_ including_prod•~ction of crop ha 1 con 'nue to be allowed after annexation as an~rban farm nse_ which is a nrincinal pe fitted use ender Li>)C 11-4-3-28 and 11-2B-2. • ACRD annroval. The annli~.ant is reauired to comely with ACRD andlTD conditions sign-off. All annLica Hons on this site are subject to AC_'HD'g oroiect cnec'fic co meats. regardless. of the tw e of application i.e. conditiona use. L+ermit= ce_rti~cate_ of zoning fiance. etc.J" 2 1 ~~No deta'Is related to access. to the site are an_nroved with th subject 7, applicati on. The ~ronosed ac cess locations on the maior arterials should he annrnved by A HD and l'I'D and ca not be evaluated until a traf$c 'mpact study has been completed. Records Road and River Valle~oad (east of Eagle Roadl Dedications. Prior to any other land use approvals on the subject property, Owner shall dedicate the right-of--way to extend Records Road from Fairview Avenue north to River Valley Road and to extend River Valley Road from Eagle Road east to Records Road as an ACRD public street. Owner shall make such dedication within the time required for CenterCal to construct the roadway and related improvements. If right of-way is not dedicated directly adia~;ent to the northern-~li~tY boundary of the~ite~crn~ Q-Arcn•~ shall b provided to the nronerty to the north so that a spite strip is not c Bated. Construction of fiver Valley Street and Records Road shall take place with the initiaLuhase of the nroiect. • Zoning district and use limitations. The North Pazcel, East Pazcel, and West Parcel shall be zoned C-G, general retail and service commercial. o Owner is entitled to develop the following uses on the North Pazcel, the East Parcel, and the West Pazcel, subject to the conditions of this agreement. o Total retail gross floor azea, shat°1 be limited to 1,293,700 gross square feet. The uses noted in Exhibit E are allowed as retail uses as provided in UDC 11-2B-2, as defined i~n 11-1A-1, and subject to any conditions or requirements provided by the special use standards in 11-4-3-1 through 11-4-3-43. o Total office gross floor azea, shall be limited to 700.,000 gross squaze feet. The uses noted in Exhibit E aze allowed as office uses as provided in UDC 11-2B-2, as defined in 11-1A-1, and subject to any conditions or requirements provided by the special use standards in 11-4-3-1 through 11-4-3-43. Meridian Town Center AZ-07-0.12 & VAR-07-017 PAGE 21 CITY ~F MERIDIAN PLANNING DEPART STAFF REPORT FOR THE HEARING DATE JAIWARY 8, 2008 o Uses otherwise allowed in the C-G zone but prohibited by the agreement may be allowed subject to Council review, approval and modification of agreement. As noted in the Comprehensive Plan, multi-family is appropriate in the Mixed Use Regional designation. Therefore, multi-family development would be appropriate within this DA boundary. (Multi-family is allowed as a conditional use in the C-G zoning.) If Owner desires to do residential development other than multi-family, Owner may request a rezone to a residential designation at a later date. o Residential units may be constructed over retail or office buildings/floors (subject to the vertically integrated residential standards of the UDC), in addition to the allowed retail or office square footages, provided the building location does not violate the residential buffer rules provided herein. Exchange of Square Footage between Retail and Commercial and Vice-versa. Owner may elect to increase the total allowed office squaze footage and reduce the total allowed retail square footage in a 2:1 ratio. For example, Applicant may increase allowed office uses by 200,000 squaze feet and reduce allowed retail uses by 100,000 square feet. Owner may elect to increase the total allowed retail squaze footage and reduce the total allowed office square footage in a 1:2 ratio. For example, Applicant may increase allowed retail uses by 100,000 square feet and reduce allowed office uses by 200,000 square feet. • Division of west pazcel. The subject property shall be eligible for the short plat process. Certificate of zoning compliance. Owner may apply for a certificate of zoning compliance for development of the North Parcel, East Parcel, West Pazcel, or any legally divided portion of such pazcels, or for a building or use. The application for the first CZC for the applicable parcel or lot shall include a detailed site plan, a copy of the latest allocation plan, and supporting documentation, as necessary, with sufficient detail to enable the Director to verify that the applicable terms of this agreement aze satisfied. The Director shall not withhold a CZC provided that Owner presents a valid allocation plan and a detailed site plan that does not exceed the office/retail square footages provided for such pazceUlot on the allocation plan (see below, Allocation of retail and office square footage), and provided the detailed site plan complies with the applicable terms of this agreement and all UDC provisions as to matters not otherwise specified by this agreement. Detailed site plan layout. Owner is not required to develop the North Parcel, East Pazcel, West Parcel, or legally divided portion of such pazcels according to the initial concept plan as submitted with the request for annexation; and shall be entitled to develop each legal parcel or lot according to a detailed site plan provided by Owner including drive aisle locations, walkways or pathways, building locations, building sizes, building uses allowed by this agreement, parking lot design, and landscaping design, as designated by Owner subject to the conditions of this agreement. The Director shall approve the detailed site plan provided the site plan complies with.the applicable terms of this agreement and all UDC provisions as to matters not otherwise specified by this agreement. Owner shall supply a copy of the detailed site plan, as necessary, to any potential buyer or lessee seeking CZC approval. Allocation of retail and office square footage_Concurrentroith the DA approval, Owner shall provide the Director an initial allocation plan showing Owner's allocation of the Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 22 CITY OF MERLDIAN PLANNING DEPARTI~T STAFF REPORT FOR THE HEARING DATE~JANUARY 8, 2008 allowed retail and office squaze footages to the North Parcel, East Pazcel, West Parcel, and/or to any legally divided portion thereof. The initial allocation plan or a revised allocation plan shall be valid provided the sum of the retail and office square footages allocated to all such parcels or lots does not exceed the retail and office square footages originally allowed to Owner by this agreement. Owner, with the consent of any transferee or subsequent transferee of a pazcel or lot who is affected thereby, may provide the Director a revised allocation plan that changes the allocation of retail and/or office squaze footages shown on the initial allocation plan. o If a revised allocation plan reduces the a retail or office square footage allocated to a parcel or lot for which a CZC had already been approved, then the Owner or transferee shall be required to apply for and obtain approval of a new CZC prior to proceeding with development of such parcel or lot. • Where andlor when an applicant has an approved detailed site plan, the Director may allow up to a 20% increase in square footage for any building, or collection or buildings shown on the approved detailed site plan, without requiring a revised allocation plan for such increased use. This only applies where applicant has provided an approved detailed site plan; and may not be used to increase the overall square footage of the allocation plan. Buffers to residential use. In applying these buffer rules, a residential lot line shaft be those designated on Exhibit F. o Owner shall provide a 25' wide landscape buffer, as required by iTDC 11-3B-9 and 11- 2B-3, along the contiguous lot line joining the west boundary of the West Parcel and the residential lot line of the Packard Estates Subdivision. o Owner shall construct a 20' wide landscape buffer along the west side of Venture Street beginning at a point that is due west of the west boundary of the Venture Subdivision that is zoned residential and that lies closest to Fairview Avenue, and, except for access streets or drives from Venture Street to the Bast Fazcel, shall continue to the north boundary of the East Parcel. This buffer includes the 10 foot wide street landscape buffer required by UDC 11-3B-7 and 11-2B-3, plus an additiona110' buffer width, with fencing on the west edge of such buffer, and a sidewallc or pathway allowing access to the Kleiner Memorial Park. o Development within 100 feet of the Packard Estates Subdivision residential lot line shall be subject to the 25' landscape buffer and shall be fiuther limited as follows. Retail building or parking shall be prohibited within 100 feet of said lot line unless Owner obtains conditional use approval. Office and r-esidential development shall be allowed, provided that residential development shall be subject to conditional use approval. A perimeter drive aisle connected with retail or other uses, an approved public or private road, curb, sidewalk, and/or buffer or perimeter landscaping may also be placed in and count towazd said 100 foot setback to retail use. No part of a private or public road, including any sidewalk, shall be placed less than 60 feet from the residential lot line of such subdivision, unless Owner obtains conditional use approval. o No building over 26 feet in height shall be placed within 100 feet of the Packard Estates Subdivision residential lot line contiguous with the West Parcel. Meridian Town Center AZ-07-OI12 & VAR-07-017 PAGE 23 CITY OF MERIDIAN PLANNING DEPART)vIENT STAFF REPORT FOR THE HEARING DATE~F JANUARY 8, 2008 • Off-.street parking_Owner shall provide a minimum of one (1) parking space for every five hundred (500) squaze feet of gross floor area of nonresidential uses, as provided by 11-3C- 6.B. Required minimum residential parking ratios shall also be determined as provided by UDC 11-3C-6. o Upon review of the detailed site plan submitted with application for certificate of zoning compliance, Director may request additional evidence from applicant regarding parking coverage and may, subject to the standards of 11-3C-6.B and if not satisfied, subject to Council review, require revision of the site plan to provide additional parking spaces for nonresidential uses, with a required ratio not to exceed four (4) per 1,000 squaze feet retail gross floor area, ,and three {3) per 1,000 square feet office gross floor area,. Owner shall prepare the .revised site plan, as provided above, which shall comply with the increased parking ratios as determined herein. o The minimum pazking stall width and depth and drive aisle width, and other design requirements, shall be as provided in UDC 11-3-C-5, or in the alternative provided by 11-3C-7. The wheel restraint specified in UDC 11-3C-S.B.3 shall not be required for internal parking spaces not adjoining a property boundary, landscape islands, sidewalk or pathway, building, or any similar development feature. • Parkint2 lot landscaping. Owner shall pmvide minimum parking lot perimeter landscaping and internal landscaping as required by UDC 11-3B-8, 11-3B-5 and 11-3B-6. Landscaping shall be installed prior to occupancy for the applicable parcel or legally divided portion thereof, as required by UDC 11-3B-14, subject to any extension provided under 11-3B- 14.C. • Building size. Placement of any building with over 200,000 square feet in retail gross floor area shall require Council approval of a Development Agreement Modification. • Building hei t limit. No building shall exceed a height limit of 65 feet, as provided and defined by UDC 11-2B-3, except for additional height allowed according to the terms of 11-2B-3 Note 3., but shall increase in the event the UDC is amended to allow a greater building height in the C-G zone. • Eagle Road improvements. To the extent not constructed by CenterCal, Owner shall construct improvements, as specified in the Eagle Road Arterial Study, along the west boundary of the North Parcel, prior to occupancy on such parcel; and along the east boundary of the West Pazcel, prior to occupancy on such parcel. Owner shall not be responsible for roan capacity improvements or road medians, but shall be responsible for the 10' multi-use pathway, landscaping, and pedestrian-level lighting. Street landscaping shall also be provided prior to occupancy of the applicable parcel, either the North Parcel or West Parcel, and shall be provided according to the specifications detailed below. • Street landscaping and setbacks. Owner shall install street landscaping along any side of the road that is contiguous with Owner's property and with minimum widths as specified in the UDC, with exception of private roads; street landscaping shall not be required. • Open space and amenities. Open space and amenities are required for residential uses only, as provided by UDC 11-3G-1 through 11-3G-3, and shall not be required for nonresidential uses, except as otherwise provided herein. Owner may provide open space in exchange for additional height as allowed by Section 11-2B-3A3. . Meridian Town Center AZ-07-012 & VAR 07-017 PAGE 24 ~F MERIDIAN PLANNING DEPARTM•T STAFF REPORT FOR THE HEARING DATE• ANUARY 8, 2008 CITY Pathways and wallcways. Bike paths shall be provided if required by the terms of UDC 11- 3A-4 and/or if mandated by the applicable city code {LTDC) and/or road agency, either ITD or ACHD, along Eagle, Fairview, Records, and River Valley Roads. Sidewalks, walkways or pathways shall be provided if required by the terms of the UDC and/or if mandated by the applicable city code (UDC) and/or road agency, either ITD or ACRD, along public ar private roads. venue toBlVpr Valley Rnad in addition to th ® e 10' multi use nathwav along :a~ie , Road omthe west oa cel Owner shall not be~ ea~.ired to construct a third north- cnnth pathway for the West Parcel Thic seco nd nathWAV chatl carve ac the multi-use t Rathwa. r°.;::ire~ by the l~atAwavc Plan gnri s one half of the West Parcel from the general v erc halt be generally situated~.he wes ic'nity of the 118 mile line west of Eas1e .. ~ !.~_ _»_______ _ ~_J~ r _.. aL.. C....1 1......ti ..« n4 tl.° 1/A miles oreeRC On Fa11'{~IeW a_ aL _ _____a L.--~-1~~..L .........1.1v 1/....: ~° f ..... Ti anlo ilnsrl The nathwav m.IV in connection with the road The nathwav maybe ~natrncted ac a detached 5' sidewalk with 5' land cane strip or as a 10' m~dtiil~ce nathwav • Site internal drive aisles. o North Parcel: The extension of Records Road shall be deemed to satisfy the requirements of UDC 11-3H-4.B.3. In addition to providing Records Roadright-of- way, Owner shall provide a minimum of two private or public north/south road or drive aisles (drive # 1) connecting the north boundary of the CenterCal development to River Valley Road. Owner shall connect to the CenterCal development at a minimum of two locations and shall extend such connections to two separate access points at River Valley Road. Owner shall sign a cross access agreement with CenteiCal Properties and shall submit a copy to City Staff prior to development of the North Parcel. Owner shall sign a cross access agreement with Bach Homes allowing Bach access to River Valley Road. o East. Parcel: Owner shall provide a minimum of one private or public road or drive aisle connecting Venture Street with Records Road. o West Pazcel: River Valley Road (on the west side of Eagle Road), currently enters the property and then turns north. Chateau Drive also enters the property and then turns north. The school district has private drive lanes that connect to River Valley Road and to Chateau Drive. The Owner shall be required to work with the City ,ACRD and the School District to develop a vehiculaz and pedestrian circulation plan (public and/or private roads) that not only allows for connectivity of the residential neighborhood to the school and successful development of the West Parcel, but that discourages cut through traffic from Eagle Road. The City anticipates that development this property will rely heavily on the extension of connection to River Valley Road. The City strongly supports this connection in concept (as consistent with UDC 11-3H-4.B) but realizes that the details will need to be worked out when there is a detailed site plan to evaluate. Any approval shall involve a public hearing with notice to surrounding properties. The public hearing shall discuss the manner of the connection/extension, not whether such connection/extension of River Valley is appropriate. Such access is a Meridian Town Center AZ-07-012 & VAR-04-017 PAGE 25 CITY'OF MERIDIAN PLANNING DEPART~NT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 given, subject to any ACRD requirements for additional right-of--way and/or widening of River Valley Road. The City shal^1 accept a private road that generally runs north/south that connects Fairview Avenue and River Valley Road, including any approved extension of such road, as meeting the requirement of UDC 11-3H-4.B.3. This does not preclude the Owner from requesting a public road to satisfy UDC 11-3H- 4.B.3 in this area. Additional site and building design standards. Additional site and building design standards shall be formulated and agreed to by the parties, preferably prior to annexation and zoning, but no later than Owner's closing with CenterCal Properties. Owner, a transferee, or subsequent transferee, of any portion of Owner's property, may elect to the follow Code site design review standards of UDC 11-3A-19 or successor provisions in effect when a certificate of zoning compliance is applied for in lieu of the additional design standards agreed to herein. Future Ayplications. All fixture approval requests (including but not limited to preliminary plats, short plats, final plats, certificates of zoning compliance, rezones, property boundary adjustments, alternative compliance, conditional use permits, and/or variances), on North Parcel, East Parcel, and West Parcel shall be evaluated consistent with the terms and intent expressed in this Development Agreement and/or as modified. Where this Development Agreement has expressed specific standards related to use limitation, allocation of retail and office gross floor area, buffers to residential use, off-street parking, parking lot landscaping, building size, building height limit, Eagle Road improvements, Street landscaping and setbacks, open space and amenities, and pathways and walkways such standards shall apply as stated and shall not be subject to future UDC amendments unless specifically stated within the DA. Specific Provisions for Development Agreement No. 3 (CenterCal Ownership): • All structures on the site shall be subject to Admuustrative Design Review in accordance with the standards listed in UDC 11-3A-19C. (Note: The internal buildings shall not be subject to the 8 foot wide pedestrian pathway requirement from the perimeter sidewalk to the main building entrance.) • Residential uses shall be developed on the property at a minimum square footage of what is currently shown on the concept plan {209,250). Such uses may be moved to a different location as depicted on the conceptual site plan and maybe modified to meet actual market demand at the time of development. If the Applicant chooses to remove all of the residential from the project, they will need to obtain approval from City Council for a modified DA. Because the City believes that this project could support more vertically integrated residential, additional vertically integrated housing shall be allowed without triggering the need for a DA modification. • The general configuration of the shops around the plaza areas shown centrally on the east side of SH 55 shall not substantially change. Amenities such as water features, benches, on- street parking, vertically integrated buildings, stamped concrete crosswalks, and a mix of restaurants, retail, office and residential uses should be provided as proposed. • Across-access agreement shall be required that benefits all businesses within this site and the property bounded by the property line to the north and by Records Road to the east. A recorded copy of said agreement shall be submitted to the Planning Department prior to ar concurrently with the first Certificate of Zoning Compliance application for this site. Meridian Town Center AZ-07-012 8i VAR-U7-017 PAGE 26 CITY ®F MERIDIAN PLANNING DEPARTI~T STAFF REPORT FOR THE HEARING DATE~JANUARY 8, 2008 • The applicant is reauired to comply with ACRD and I1'D conditions prior to receivine approval for any building uermit on the site. Further.. the City will not sign off on any occupancy cards without fiirst receiving A HD's signature and Sim-off All applications on this site are subiect to AC]EID's proiect specific comments reeardless of the type of application (i a conditional use permit certificate of zoning compliance etc) " 2) "No details related to access to the site are approved with the ~baect AZ application The proposed access locations on_the maior arterials should be approved bq ACHD and ITD and cannot be evaluated until a traffic impact study bias been completed. gi ht-of Wav shall be dedicated for the extension of Records Road (and E. River Valley Street if CenterCal's ownership expands to the North Parcel of D 2) Construction of Records Road (and E River Valley Street, if applicable) shall take place with the initial phase of the proiect. • Structures and parking areas shall comply with the entryway corridor design standards, per UDC 11-3A-19C. • UDC 11-3H-4C.3 requires step-foot (10') multiuse pathway to be constructed within a public use easement and pedestrian-level streetlights and landscaping consistent with the Eagle Road Corridor Study to be installed along SIi 55/Eagke Road. • The internal circulation system for the development shall included one or more north/south connections from Fairview Avenue to generally the northern boundary of the CenterCal property. These can be a public or private roads. The road should provide a safe pedestrian route (5-foot wide sidewalk). The road should also safely move traffic throughout the site and discourage speeding through the parking areas. The internal circulation system maybe phased as appropriate to provide adequate access and circulation for the structures being constructed. • Staff is very much in favor of the proposed parking shown in front of the large multi-tenant retail buildings along the west boundary of the site, west of SH 55 (see example in Exhibit A.4); this parking concept shall be incorporated into the sitelparking design east of SH 55, between the stand alone pad sites along SH 55 and the lifestyle center wherever possible and where consistent with the design concept. • Prior to Certificate of Zoning Compliance approval, the Applicant shall submit a plan showing safe pedestrian routes at regular intervals within the site. These routes should extend eastJwest as well as north/south. The pedestrian system may be phased as appropriate to provide adequate pedestrian access for the structures being constructed. • Prior to the issuance of the fifth buikding permit within the DA boundaries; a final plat shall be recorded that dedicates Records Road from Fairview Avenue to the north property line and River Valley Street from Eagle Road to Records Road. All properties within the eastern annexation area shall be included on the final plat. In the event that Records Road extends from Fairview Avenue to Ustick Avenue, the timing with regard to constructing River Valley Street maybe re-evaluated by Council during the final plat approval process. The Applicant has offered to construct certain off-site road improvements to Eagle Road, subject to the express condition that the Applicant be allowed, on conditions acceptable to the Applicant, to obtain full reimbursement pursuant to the STARs legislation, Idaho Code Section 63-3641 ("STARS"}. In the event the Applicant is not permitted to obtain full reimbursement pursuant to STARs, or elects not to make such improvements, Applicant shall not be required to construct any off-site improvement except as necessary to provide Meridian Town Center AZ-07-0°12 & VAR-07-017 PAGE 27 CITY.OF MERIDIAN PLANNING DEPARNT STAFF REPORT FOR THE HEARING DATE JANUARY 8, 2008 access to the Development Agreement #3 area and may submit an alternate access plan for approval by the City Council. This does not negate the Applicant's obligation to improve the frontage of the annexation site as noted below. Eagle Road along the frontage of this annexation site shal•1 be improved by the Applicant in accordance with the Eagle Road Arterial Study. These improvements include, but are not limited to: capacity improvements and any related drainage facilities, landscaping, medians, and pedestrian-level lighting. The specific improvements to be constructed shall generally be in accordance with the ICittelson and Associates drawings, shall be delineated in an exhibit to be attached to the DA #3. • The applicant should work with the adjacent developers to the south tDevelo emirs 'versified) reearding their offer to share traffic and eeneral knowledge of the area. • The following provisions that will guide staff in administering the concept plan over time. This references the long term unplementation of the concept plans and guides the Director in how to determine consistency. If the proposed location of buildings or uses is not generally consistent with the approved concept plan, as determined by the Planning Director, the Applicant shall .be required to get City Council approval of a Development Agreement Modification for a new concept plan. \ o In determining consistency, the Planning Director may allow a plus or minus 20% change in square footage .for any building, or collection of buildings, as depicted on the concept plan. o Relocation of buildings shall be allowed provided that the impact to adjoining properties remains the same or is less than that depicted on the concept plan and provided that the integrity of the concept plan remains unchanged. (For example, for buildings that are placed to form a central plaza, those buildings may be relocated if the plaza amenity is substantially equal to or better in size and character than originally depicted.) o Changes in uses as depicted on the concept plan will not be allowed on structures immediately adjacent to existing residences at the time of annexation without the Planning Director's determination that the proposed use will be less of an impact on adjacent residences. Changes in uses elsewhere may be allowed if the general impact is the same or less than that proposed. The Director will seek advice from ACH~D regazding traffic impacts associated with any proposed change in use. b. Staff Recommendation: Staff recommends approval of A~07-012 and denial of VAR 07-017, as presented in the staff report for the hearing date of November 15, 200?, based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement provisions proposed in Section 1.0. The Meridian Plannine & Zoning Commission heard the AZ request on November 15, 2007. At the public hearing they moved to recommend auuroval of the subject AZ request. a Meridian Citv Council heard these items on January 8.2008. At the public. hearing the Council aunroved the subiect A7 reouest (The VAR was continued to Februarv~9~ 2008: therefore. staff has deleted all analysis and findin¢s related to the VAR from this documentl 11. EXHIBITS A. Drawings/Letters 1. Vicinity/Zoning Map 2. Conceptual Site Plan Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 28 CITYUF MERIDIAN PLANNING DEPART~T STAFF REPORT FOR THE HEARING DATE~JANUARY 8, 2008 3. Map Detailing Development Agreement Boundaries 4. Example of Parking Layout Favored by Staff 5. Plan Depicting Proposed Access Points to Site 6. Revised Concept Plan (dated: 9/27/07) with Changes Noted 7. Parking Areas to be Reconfigured Consistent with Exhibit A.4 8. Memo from Staff Detailing Changes on Revised Concept Plan 9. Letter from Ada County Verifying Parcel Status B. Agency Comments 1. Planning Department 2. Fire Department 3. Police Department 4.. Ada County Highway District 5. Idaho Transportation Department C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code E. Table of Proposed Uses F. Residential Properties at Time of Annexation (DA #2) iVleridian Town Center AZ-07-012 & VAR-07-O17 PAGE 29 CITY"OF MERIDIAN PLANNING DEPART STAFF REPORT FOR THE HEARING DATE JANUARY 8,.2008 A. Drawings 1. VicinitylZoning Map R4 Site RIIT l~l ~ A 1 L-O Exhibit A PAGE 30 2. Conceptual Site Plan Ex}iibit A MERIDIAN TOWN CENTER rP~ ~r~.~~.~° Merld~n, Idaho CENTEI~CAI. o m m m ~ s1AUG70D7 3. Map Detailing Development Agreement Boundaries Exhibit A ~J MERIDIAN TOWN CENTER ~w...:«n: M Idcno • 4. Example of Parking Layout Favored by Staff ---_.. Exhibit A U 5. Flan Depicting Proposed Access Points to Site (F= full Access, R= right in/right out, L= left in) Exhibit A MERIDIAN TOWN CENTER scH~+Anc AAerldlan, Idaho MASi~ PIAN CENT~CAL e . ~ . ~ ~ sinuc~ C~ r hanged from office Ok) to retail (40k) ncreased office l~ om 100k, 2 levels n 1 ~(ik. i Irvelc hanged from Office Ok) to retail (40k)• r Increased office m 30k, 2 levels to 45k. 3 levetc :ncreased office rom 30.3k to 45k I• ... ~ • I ~ ~ 6. Revised Conceptual Plan (dated: 9/27/07) with Changes Noted IOBI ~~ ~ ~~. ~ ism ~•m~~ . m • ~ `~ ~ ~~ ~~ •~I~• ~~~~ pRaLmt6~ 0-a~®~i ~°°e"u7ia' mama. aiamd rmeaerea ~ '°° ~ ~°r ~ ~v ~mtceaameoiom •arusa ~pnaaawaapem ueum!• aas.. +~i +oaoar aaa~w mnsnnameo~ aanaaau~ . . ~maiamraamwca uwsar naumaam ~~~ 'gwoUtmO utam . a~aAm'~®n~s ~wu wwaa~~~~pp~yA nawa~naa ootaio ~~ imaw.amw® aaaimua o'"• •aaiP°el~~ ~ ~ ~~ , Wlmm 1 a~ aae! wms aam~xma' iwaauuaouma awm.~ . ~a~~man .or muaaaaamvs tames e0°°p aa~ms PAAi .~..__.~....~. ..--..-~ 60KlB Increased office from SOk, 2 levels to 56k, 3 levels Increased office from SOk, 2 levels to 66k, 3 levels ~' ' lncreased office from I ~Q a ~ ~ ~ ~~ ~ I c ~ 13.Sktol4k __ '~ ~~ .. ~ _ ...... .. f~'~1 f 1~ MERIDIAN TOWN CENTER ,+~,J,» asb ~ Me-ldicn, Idctro o sa m .a .nm~ a _ L ~~ ~ ~ ~ ~ ~____ - .~ i= _ Increased office p9FaMTIC from 13.Sk to 14k p~ ?7 ~t2007 Exhibit A MERIDIAN TOWN CENTER ~~ same..-wau. ~ ~ AAett~an, Idot+o Ma4t~ RtAW LJ'ef ~ va~row • • 7. Parking Areas to be Reconfigured Consistent with Exhibit A.4 .~ ~ ~~~ m d+~ce~ mrer! ~ ~: ' pr+r. - ~ wrm. a~i ~ s+ ~~sww alai wesaw ~ r ~~•.ewmm . ~~ ~ tO~~JOrIK7h rAttdlti ` !tl OdIYL .. rJabwlPlltr/lafs tttMes r:~no'weti wrwiago ~ri~N4r 4t'~°~ .wanu 0 aw~,wmwv~ ,,r ai ro3t+NUaY~a!~ r'x'w~e Tr r'°ynp~r~ brlkJi ~~m~11Cw~r sf~ iYb~s1 ,v`~j vu.~a www.sanas ~nm>• rrw5:uadraroae~ Wru•L- " F s ~ am~nn ,_ Exhibit A i • • 8. Memo from Staff Detailing Changes on Revised Concept Plan INTEROFFICE MEMORANDUM TO: PLANNING & ZONING COMMISSION FROM: SONYA WATTERS, ASSOCIATE CITY PLANNER SU16]ECT: MERIDIAN TOWN CENTER (AZ-07-012) COUNCIL HEARING DATE: OCTOBER 4, 2007 DATE: OCTOBER 10, 2007 CC: CITY CLERK, ANNA CANNING, CALEB HOOD, BILL NARY, TED BAIRD, ASHLEY FORD, ANDY WILK On September 27, 2007, the Applicant for Meridian Town Center submitted a revised concept plan for the site. The azea depicted as DA #2, in Exhibit A.3 of the staff report, has been modified to reflect changes to some of the potential land use squaze footages. A copy of this revised concept plan is included in the staff report as Exhibit A.7. The following changes were made in the proposed squaze footages of retail and office uses: Pazcel west of SH 55/Eagle Road: • RetaiUrestaurantuscs were increased from 730,500 squaze feet to 873,500 square feet for an increase of 143,000 square feet or approximately 20% • Office uses decreased from 574.,500 squaze feet to 480,000 squaze feet for a decrease of 94,500 square feet or approximately 20% Parcel east of Records Road: • Office uses increased from 187,000 square feet to 220,000 square feet for an increase of 33,000 squaze feet or approximately 18% • Residential square footages did not change 1Vo revisions were made to the retail uses proposed at the north boundary of the property located on the northeast corner of SH SS/Eagle Road in DA #2. The revisions resulted in an overall increase in retail uses of approximately 20% or 143,000 square feet, and an overall decrease in office uses of approximately 2% or 61,500 square feet, for the portions of the site depicted wittiin the boundary of DA #2. (Revisions were made to the original memo dated 10/1/07 based on the adjustment of the DA ownership boundaries; the original boundaries were shown incorrectly.) Exhibit A • 9. Letter from Ada County Verifying Parcel Status D~ -.OPN~.EN'~ SYICE~ '' ~AX:{206~' 2$7.79D9 :2QO W: ~?ROId'!', 9q~5E,:IDl~RO 88~~8.00• ~ ~ ~_' ....... a~ta . a . ttinti ~~ ~oo~ ' .d~= w~lro~w:~i~~+t: xl `9:,fi~1 •~1he°~1:1~: $eac_;4~3 •Seattir;. W~ 981(Xi; Belleaue;,WA 4809 R~: 1~ile i~2Q~6Q0~ 1..64, Eatce] # SI10434~b0'~!' {Patecel:l R,U.Zj; 51040 (Pa~+cel~~ 8t S11Q5449Q1 ce1 ~~:_ fy .~tits~:~:p?~ ti:lo:41~4 (Pei+cei ~, is ~ s), ana~~en 5~,(~~poct~. t41, ~C;3N~ R:~. ~:~. ..><a~ r:t , Deaf A.~p~icit+xl0!an+~rs: rep4R:iis~:do.Yo!~u~Dftc~ioi~.ofl»ne1,ZQQ8. ioyogr.ag~ltcatiiiziYonseel~ oonf iiua~1.+41i t•t~ :pxopei~rs desc>~'tied~a• Watt ~}ee~s:•8237.~44 Jt .81345: (i~f reogr$~•~t •Ovtobi~'1~;1:3`~~;are•fourdisiinctproQertie~.asxl•~e~fiv~~Tie'County~'soontigitous•pai~i$ ~a~isibn~•{ACC~~-4t~.:'$~. ~tdisrplans~e••to,~otl~otto~a,~pe~ty bad! adj~beactio crate a ~p=aixe.~ef:tts~~ie dixd~l: s~azat ~u8ei~ IC~e#i~er for~on ~1' develo~iri~ot~es•a putiltc.. •.C. 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"131~~para~l~mect.ctu~R3~lner~ibflal. standards:of t~ Aita•C~"it~c~tj-'Ccde iii ats tlicr~~oretegal~y oonfv~a-iii~ mss;: despite talc :del records: dhowing oalyr t1u~~di~i:-ricC pe~oels> ~foN.re~+P;;;~arcel• ~. ~s liceq<ahe~ced° 1n.wliat appe~rsui t~ an :net9aiied pY bouruhvy a¢Ji>strneicti with lssirit ~c~iool ~isbr3.at ~Yo. 7:, '~iis occtta+od' io4 ~'Q tr~isaetib .l~aecc1.~51'I:OSt4l•`~2i}0 was,craa#cd'by ~nare~tt#991~3:1'75tYp~ Meroh 3;:000, ~.i~ pro~rty_ ~~• cIY used to:provl~e•access to River•'i7alley E#.Y~ School from• `A~c N9.3' Sul~i?iii#ign: • Pe~e•1sLlos~i~~taw~s•ci?eoted•byiitsCri~ent•~k._00~3347¢'onJi29,2EN1(1,'~1ii"s ~ ~s.ctnrefltX~! t~~to pro'vido access•to ~tivei 17sIIe~ Etcd~otitccq School fpm e >s -:. , imdat'~:~dji>stpaent iappUca~ion area At ihe`tio~'?1iat.Sle wcrt : apropeity i~b .. - :rEgpre~i; I~iaweveit,~.ou~ticc sh~uo tlt~,t~>~cei ~hBViag:4i4cl~:hY gtsver~igDaa~it~#idii jar AG+G` &4A :1:9:~ic51's~a1~ ~-i:4~pa~el~~s~aleg~LY ~o-~nfo~8• 1~'p~`h'.•t ~~ ~~'D:P~?l~`~ •°Ocii: aBovc •ali~t :b~deuatd~ bo pmt`::of tho ~aaip~ $cho~l ~s6ruct~ ~ ~s~ ~tisi~~tii~ ~ tZig .~~in: Exhibit A ~, pj~:,b4. a~i^vise~ that ~•,public Parlc.ts aliowed.v~iih.rondtioil~ u~~ti~~PPro~:l.~ #>ie ~U'1 ~iid~Rfrda~rict~:.• Candyon~i.:vse:PEE.s•regtt~e~p~tb~iche~~~be~'oce33ie~1?u~iking~cZoniit~ ~~~am"tsso~; :0itc~ a~ aPP~~ati~~ ~s cle~med: col+tpl~e' it t~kea alioui #htea m~ths~ tw go .l~u ash xdceas: lii~ati~ ~aern~ ~ie:.avai~le:ori•ou~~v~ebe~ta~ ~xeeq. upab~tal ~plicatiQ ~~:~_ ~yence.~ ac+~ av~Fl~te:by:scltii~.~ uue fivtlt ~u•t?~er ~taf~ at ~20:~ ~B'7 ~!lOb, ~~~tt-e xa~ierty wets ~o ~e snaexr~d fo ~d cTc~velc3ped in the Gtg~ a~ Nfexidiati. ~rou ~oukl need td~ ctstifact ~• they yl~ni~#ng~dgsn~xien4sdi>t~i~t. #hcar ptocese far altu%vi~g develtspme~t ~+t' a~.rArk. :if ynn have ::~,y_~~?~g_ plEase coo col jpesifi~te•,tc, cxln me at (~08,) X87-920' o'r sr~~~oiie~i8av~~eb. •riet. ~S.~tci~ely~. ~irev~.1~!~ta~ie P1a~iaex I~ Ad'a• Cotrt~~Y De`?Biop~s~tit r'asnrs~es CC;: i~ic~:~rd`~ook. Plop ~ ~oi~ing.4,dtninisl~ator AT"Pt A,ppl~cart's Ei~i~rieA ~atv D •8~~~1+4.8t .8237as ~CI~: Edit Resort tar Iilst~?~?er"it 991~.t?.Sd' t F.t3i~ Report. ~r:u~a~it ~.doo~~d~~~. Exhibit A f ~. • Qoo~a ~o~ ~ sue. 1!(f~.a.s ~ :a ~ ~@~ Y.. .v• t• r - ~• T, r, , ~I :6~ f $t'(j' ~'t . •p ~trs"~'~C3r?,~~~i ~~~ ~89!~4 i ~t~~. titbk`~G4ga3 '.. ..~ .;`4~. -~ :' •f ~ a ~`% ~ ~ ifl~: !~$~'E•' `t$l~ '~~Bf~. Ei~Q' ~Q .g9}~Qti3dl~ YAB~1S~c9bbP.pt- ~ • .+ ~~~~~~yy~~..~~ yy~~~ 34' of£ic~a9 aec-•]:; the 8•ay ate= ~~• !~ ~~# ~l~iaato• t~it~,. ~ o . , a~ve asltlpn. *'' i f t ',, ,s- ,~ Atv '~i Ft~/a ~~~ i'Jv tptiih' ~/ dt.~9C~..W ~~^ ;~ '~' t ~~ •J`t1.~ Q 1 '20b6• Exhibit A . ~ ., ~. ~ 'cg,,,.: ',~..: ~ ~ ~ i~ ~' 9 ~~~~rrpp~~ ' C ~a~ ~ •. JII! •', ~1 -Pt~er-a3:,ea ;,ern@d; ~~ ?~.s'ra+i~• o~ ~-. ~: icLB~tRi a®stcosise~, * ` •b~• •iQeiltei~ 7ie~a;- .~4~;d~ a~ .~o~cera btu ttS;ri~.riorc, gd+r~e~al +ri~s~. a s.e3Vi~8., -s'Ae g~90ttiY~. Qeeii ~~ZQ?}q gs8nti 'b8?tg831Y, ;ie11 i~Ra °- •eo~'ey tuito :NALTbst •1b;RMkkt tC1a8I•b1S(t rrie 8t1tiEN.B• N.: ICt.Bi~:;. •as ~~+Antelii~B,. •fl14 Qi'uibtem~, +:21e to3loy+Yx~'' d@8a;.i'be$~ p1'1}iltLtser9, •to~:al~ta ' ~e •.~ , of tits a~ aa'3 ah~» 'rb1•. of etw ..na~4 rfrp •~s •ef . 'dye sk~, oP titre r~g~`E ~n seeti3,on. "4:, see: ~ :~ d~ taie• elf . +-?- TQ• Hi11/~ ~UTD TO: •IiOL'0 unEo Elie ~taiC#es oP the :,orifl. gore a es tAyit res;~tective• .Qe.;a' •dhit s¢pstate ps¢ipoctr. wne ei4cti t~ f no&a oe~ aq~al anis•.~aalyi~aa 3,n~~oic xnais~h, eta'•~eerears sa tOf~pll•, u 1!HZS ~lA~ .!:'s e~elijp•~dal~verislU tIDltmde aeo by vireuat oP m!: Os~~.z te~:fizm~inp, ~aYa at ~tsal are~,erty; cede by the Di:stsi~t ~qN~t O! the ~~•!4 Jttdi•G1eE D~etrio~ of CI.M gto4a e! 14aZi8, l:n. i~nd ~'oc• tf~o• Cowity ~ai~ CAn.Y~fti. '64evfe!'.~!~@!.e ~iv~e:;lvA. '~Z#An i ~ •O~+ the 2~tfi daq. is~ A4$ust; x'9''2•, +-.S~,ch boor ie t+y lrnfete3lea ~ereso ~1~rJg a pars ,lue~reo~; .n9. tltiali~f pbb ~ot#s. Ar dull harm.. 'Ph#e: Cti~taey~ih~o td .~. ~pDaclgte cdnveyanee o£ lee aiajp}li 1i~tio~_ rlttiv'u`t ¢.wa.tie3Ekiow~ d~ "eay 'type. as!' `1EId_ gp _E,g1VE :~tiD 9'D .#[OLD the b2id~ pR:~ii86$:,.• !~ltt+, itsSr~ ~pipLr- tea@ai-ooa• •ttnto t~ arsiE~ ~xaiietieo~, ~ttteir „e•#z,~ ani9 Ss'sidi~i8 rorevez. J1i+d one 3$.ia• ~soritoi does• tie"rasy xbaenana to •an~ .vieh ~1Y@ aafd .GxHt!Q.§4ti.+ that !~! i~. tha pqR®r• to E¢e ~a.mp~~r ti~~ •eoid 'S.~i'wsxaa~'! khaE na~A ~sraep3.ioe~ ift¢ #S'e.A .tX.1ib+. Vii. ~@itC1tF~Y'9714`8~:: :ah~:.tT.Bt ,it KTlx vdrit'Aiit qpd :ae~ono the s~ taS:ent ali 1.1 ,eSatpie vha'tsoevgg:. - -' _.. . _ . • .L}4!t~fi& ~3P i1.. M. lti.533.Dt$A~ 4+Qeo#ao*~. i~Ag ROCK ~R~IT Exhibit A `, ' ~:i ~ .. `Ld"~j.:{~'Yt~i ~:f+! _'i4`~~,~:s ~ ~ q. _ 1 Y ~ 'I iq~. Q, ` .~a. r* i ~ ~ ~i i 'T ~ '~~ . . Pr rN ~ 1i : Via.. 4 ~d ' 1i~ • ~ '~' • s r T'_ Ifs ~ .'per , i , , ~ i ••• .2• ,.t Y. • y ~a~: V Q w .~i~. a ~•; ~. ~' e ~ •• , ~+ +~ ~ RLE~1~R 'an4 $8 H. Wit.. ~ • -f«. b s 14111 ~ ~` `~ ~•'~! y ljppbl&L_'`O!1 'iS~' 8CL6;j1~ ~rdQBWlal1 : ~ < f a' n s ~A a id`2 ~® TS9Y.~ts uY .d.. ;D4>: S1~itY11tJ3'~ 6i'~oetaoEy; 'tom AdiAOyl te' , n •. ~t~ '~ _~lie• es~e'~e elite~l, the ~asegotilg i>tiatsul~.s+1l. ~' ~i~ea 4AlBA~fl ~ 2 mays }sereya'!o set mq 'iaaad.:aed. aP~$x~8, aiy ofjEici~a1 seal. ~ti~-t! flay tgt6~ year ~n ~eba`I.~ taart~~icat~ ~iLdt ~. oLOa>O wtitCBn,. ' B s~ s~, lP8i4~a xili~h. o 3 . j . ~,r' ~. r i :~~~le~r.'~7.f~~,pt~.feM j~T. "~td~ls ~T^'~~Llf1.,, .l'!?..• a!~, i~rti.~a g4aecA ~IQ, `14R~a'/•: ~ ~'- li~~l. ra ~u~~ ~ ~ 2aos Exhibit A ! i Oib t0~11.q •JMId! yj~~AliliMb WT~Os .~ ~, t. :...r.._.m.::~.~r ..~• ~Au~L ~O.EIO.~/Y 11+01•K0~ OttONPUOYW!$ Exhibit A ~ ~ B. Agency Comments 1. PLANNING DEPARTMENT 1.1 The annexation legal description submitted with the application (prepazed on August 20, 2007, by Michael Byres, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. 1.2 Prior to annexation ordinance approval, the owner(s) of the subject property shall enter into three separate Development Agreement's with the City. Said Development Agreements shall be signed within 1.2 months of the City Council's approval of this application. Please see Exhibit A.3 for a map detailing the boundaries of land that will be incorporated into each DA. Each of the DA's shall include, at minimum, the provisions listed in the Analysis section in the Staff Report. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Eagle Road. At the Developers cost the applicant will be responsible at to connect to the manhole located on the west side of Eagle Road and E Leslie Dr to bring a 12 inch maixi south to serve the west side of this project. The east side of this project can serve two different ways depending or the plans and profiles to be submitted to the Public Works Department, One to the 12 inch line to be installed in Eagle Road and Two could possibly flow to the 8 inch line located in N Chandra Way. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standazd foirns of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standazd Specifications. 2.2 Water service to this site is being proposed via extension of mains in Eagle Road. The East side of this project will need connections for fire flow to Venture in the south east and Tweedbrook in the north east. The West side of the project will need connections for fire flow to Fairview in the south and Chateau Drive in the north west. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-T3 and 9-4-19, which includes the preiiininary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.5 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a yeaz-round source of water (iJDC 11-3A-6). The applicant should be required to use any existing surface Exhibit B • • water for the primary source. If a surface source is not available, a single point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments far the common areas prior to signature on the final plat by the City Engineer. 2.7 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this sepazation requirement and comply with all landscape requirements. 2.8 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street pazking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Welis. 2.9 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on the final plat. These include but are not limited to, fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2. i 0 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements, such as fencing, micropaths, and landscaping maybe bonded for prior to obtaining certificates of occupancy 2.11 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.12 It shall be the responsibility of the applicant to ensure that aU development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.13 Applicant shall be responsible for application and compliance with and 1VPDES Permitting that maybe required by the Environmental Protection Agency. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewallc the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewallc access. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.17 The engineer shall be required to certify that the street centerline elevations aze 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. 2.18 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity aze determined after Exhibit B • • power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 2.19 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.20 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.21 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 3. FmE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/a" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10' and horizontal obstructions within 3'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all. proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 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. 3.6 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 3.7 Building setbacks shall be per the International Building Code for one and two story construction. 3.8 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be Exhibit B • based on the back of curb dimension. The roadway shall be able to acconunodate an imposed load of 75,000 GVW. 3.9 Commercial and office occupancies will require afire-flow consistent with the International Fire Cade to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.10 The proposed residential structures consist of an estimated 180,475 square feet (number of dwelling units not specified). The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.11 The office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service aze projected to reach 2800 in the year 2005 and 3800 by the yeaz 2010. 3.12 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.13 The. Fire Dept. has concerns about the addressing of the future structures in this development and the addresses being visible from the streets which the projects are addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.14 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to wmply with the International Fire Code. 3.15 All portions of the buildings located on this project must be within 150' of a paved surface as measured azound the perimeter of the building. 3.16 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (1.22 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.17 All R-2 occupancies with 3 or more units shall be required to be fire sprinkler. 3.18 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.19 Buildings or facilities having a gross building area of more than 62,000 squaze feet (5760 m2) shall be provided with two sepazate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) Exhibit B • 3.20 The -Fire Department is not supportive of the left-in turn lanes on Eagle Road with or without medians. ' 4. POLICE DEPARTMENT 4.1 The Police Department is not supportive of the left in tarn lanes on Eagle Road with or without medians. 5. ADA COUNTY HIGHWAY DISTRICT Due to the fact that this is only an Annexation application, ACFID has not submitted formal conditions of approval at this time. However, due to the size of this project ACRD did submit comments on this application that are included below. ~ '° .~~ ~ ~~ ~.~.~ s~e„yrzs~ma, ca,m~ ~. ~a.~ 'September28; 2007 Tb: C.gl! ct Nletidian; Planning Departmerd 6H0. E. Watertower Lane, Suite 202 Mer~d'Eert, td~l;o a~a2 Subs .GeriterCait Development :11RAZ-07-012 n/e/c aitd nlwlc of fagte RdadlFairview Avenue Intersection 'Tbe A~ Cofuity HlghwsY Drsfinct h$a tiecelved the Annexation and mtdng• app~eatton tar the pfo Gp~rd"ertral Development P!ol~ IoCaled at bdtfs the tibrlheast and rtorfhwest~cbrriers. of 'the inte-sec#on of State ttigtl~vay $5 (Eag1.e Road) ai~'Fairdiew 'Avenue: The• Dietri~ has .been viorWng with the app4cartt's tratFc engineer to••tdentify, an appropriate scope for the necessaq. trefBc impact study. The 7)istrica. has not yet receared the [equired traffic impact study for this develppmer>~ It ~is the District-s untlarstar~ding that the scttedul~. Meridian Planning and' ~ontn8 maeting •rreey move fo:nmand Prior to'ttiti HighWAy Ols~rict teceiWhg anQ cominerttitt9: on the ~tfic study. Tharaform,. staff;is suturiitfing: theme RrBlihtiiiery coinmertt's bereed on thg c4nCeptuai site•plan :for the t?,ity's cofisidere¢ion of the arRlBXatitftl end inning application. Additional comments•and• n3commenaatioro; yy111 tie sutimttted. onbe. the Ofstrid' has received the tiafltc'impad study. Also, sottle of=the submitt~! oommerits may be altered depenttirrg qtl 'the f"irtdhtgs and ir¢crommendationa~ of:thetraffic impactstydY• Exisdintr tontlttiatts 'Ihe [ate Highway 6~al~tiew Avenue intersection is••the busiest Gtte!+9ection ut+ithitl the state of idahq. The Qiak~t~'Y"re~iierved ttia'Pinebddge 3utidivist8n Jocated tartlier south of this site; anir.tne Projectad.trafficvotEttn9s and ievel:nf ser~tics ate itlent~€ed belovtir. :RoadiNay • FupCtionat - ' Traiflc Covert Level:.of ice' Se Projecbed:leve~ of Servtes at iPinetifid~e Speed Wnk ~taastfli~tion rv BWLd-Out(ZOib) (Does not,include traffic 1 from CeMo~Cal ro eot _ ~~Feirvi Piindpal`Arterial 37;'I.gB east of Loa~t Grove•in• . °E° ~ °C" , (assumes 7-lanes at ~.lild- •40•tiI1PF Ma '006 ~ ~ .ply - ~BAirior Arterial "T,376~~p~t. of ~ •Bett@~ than t3etter than 'C° Eagle R9ad:•hi ~C" titatcFi 2008 ~ • SH 55' Principal Arterial .5.1'.5.80°south of •F°'~(S'ee' °F' 'S0 MPk ~(~agle F26ad) Fairview in Nota below) oaober zoos . Exhibit B 'A<xeptaf~le tevel~ of :service :fnr a~ five lane:. '.'nci' . b arfer~af rQe " :' pn :. pa da~reiy -{Faityiew) .!s E (3T,ii00~ MDT}. `•Mc:aeptabl$ lav®J- of s®vfo~• fcr. a five~~lar~e~ minoc arte~) roadway :(M_ocusf Grove and Pik. assuming confplpfed improvements} is`"Dp (33;tm0~M0'~. *At~eptatile. I~el of service fair eeven. tame RrincCpai aiter~a! roadway (Eagle dead hoith of °i'inej is "i_" C5Qi000.ADT), Note: T~s:is Based on IPte CAIUIpASS Rlanning THreshoids. The Dlstict ~og~iizes that the existing and pcojecfeti: Ir~srel Hof service at the EagielF~7-vi~v !lnterseotion is above an.~aa~piable plapning ifavel .caapaciy. P'r+evlousty th18 lriterse~ctlon ryas ~identil: as a fi~tui~ •uirtir#n'inbetciiange. In~ the lasl.~ipdats•tio the long-range •tansportation plan prepaired~by ~oIyIPASQ%.~~ts tiil~n irchang® ~Pca~vnmert-wgs renoved~oan t#te plan. Eagle :Road ~is. a :af~te;tefghway, arid'the f~aho Trairtatlon ~oepartsrre~ has ilmlted plans for. improvements to••tliis°oori'iryor {~.e. csntsr•isl8reds fofaccess•cor~oly. ?here are no planned 'capacity impro~-.ements •for-th'is corridor. ~Th®• applicanf is pursying ~op~ons to .utilise !Ire STARS~:funtling mechanitii~n to add an additional 'Ihru~ lane in Bch. direction ofV.ayei t+o eagle itoad fF~in Rivir~Ynlley {approximately'/: mite reortit of•failfivlew Avenue) to: H~teretatie'84t The .Distinct ie ~f~pportilve of this effarrt as: rile trainarpor~ation lmpsL'm 'of this :developmenta-e• signiilcarft.ta •~ -re~io"r~ai-franspor#ation system. In addTt~ion, tha ~lstrict.would encourage tneappllcatit,~o~ravisw-iriterr3ection design.alLeirnatives•with.ACHD, ITD,. and COiy1P/I~S~ in ]I~tof.the curi+eritiiiigkVolume Irntersection Study cun`+emiy tieing conducted .by iiTD. Thin ~l~li cui~reittly'in dratt•pha~a, liiarigfes intersection alternatives for moss ~lnfeitsectfons titat•y..higheet vauriittm ~traflie.. The st~dry is scheduied~to ~be•cotoplete In ~ce<ribcv~OT.:tPtheStiudy-recomrn~ehds.afiternatWeu~to the-tradttioinal intersection at Eagle. Road and F.eiirview Avencie, the Dit~tirictracoanmeads titaEthe ~apptlcalrit pursuefEundlnA of tltls i~proverireM~fin conjuriction~ vyilh the other •prbposed ST:Al2S' road• improverirents to Eagle •Road, ~.Con~me.~n~~ on• Pr-.oie~fed Tcafitic and Site Design PROJECTED TR~AFFl.C tNh(le the~t~affic ~impac~• study ~ not' yet .compie#e. the applicant`s trraff~c eragineer.has provided an estimated trip generatlors fat tl~ entir`eproje~t bases. on :th®:app6cant's conceptual Plan. At full 'bulltl~i{, the project~cout~ ~enerate appro~mately 37,000 vehiclettips deify. This$ estmrtate cold: cFia-nge if the tYPe or inten'~ty of #te:ptcpased lara<d ue altered> NQR~FHEiAS? Cfl1~~N1R pai~eai Avenue Access; ~Tiie appiicsn't• has,pcaposed three: driveway accesees to~ Fairview ~Avenire -betaveen: Eagie E2oad•.and ~t2ecotcls l~lve: T:he app~.tcent•has proposed; extending Reconfs Dtive~.thFCiugFi .they site~to the..nort#~ .property tine, as.a cojiedor roadway.. They applkant has proposed orte~ cii'iveway ~c.~ss oil. Farmriew Mveaue betinreein Records Avenue and. Venture Street, 'T'iletipplicaa~'has .propasgd coRner~rg to Venture• S>rpet. Staff Cemrneac (?ietrid staff ir, r+tot•euppoctivve o1'the~rflpi~seii_.driyeway on ~Fei_rview A.veriue. locateat doseet ;to :'the intersecaton of ~ Road. Th®.propos~ dFivveways between Eagle Road and .Record Mvenue •rrtay :tie restricteq: fo' right-in/cight-aaE. R±r-er Valley. Ectensi~on: Ttie.applicarit is propo~ing to build' River Yaltey along: rise tiorth• property line to cfe~te~ a .signaiized• i'rttetsectcit wiE~e Eagle ~Raeif~at .approiartiateiy ftie'~ trifle between .~alrview Avenue grid Ustlck •Road. The apprcani-~ls proposing a. siigPit shift (approximately 30rfeet} •to.~the.south #or'thls roadway alignrrient, Exhibit B .Staff Comment: This roadway was identified' as a future collector roadway, and the tJis~ct would require the conshuciiori of ~ttis roadway with ;tfie developinen# application. (f the roaduVay a~ proposed to•btrsil'iRed spirath, tttg applicant arils bi3~ require¢ to provide ari=ses to IZfver Velley:to'the~ properties t6 the.•no~h: tit addition, the.tiroposed~shih to the south~wiltimpact file exls~g~ River Vail®y on tt~e west side of State Highway 56.: Records. Avenuer The appgcartit is proposing to extend' Records Avenue as a collector roadway through. the site~to ttte north property line. :Stet'f tortimen~ Thy roattway was ident~ed~.aa~a future ~collestor readwayi andthe•'Distiict vtd fegUire the constiucbion of tfiis roadway with: ttas:•development appligtion. 71tis roar#wray is planned td •I~e extended to.~tlys Way (w'hidl• is ct~rrentiy under ixanstrucbion forthe. first''/.. mite south of. 'Ustick Rcad)• anrt constn~tcted as,cievelopment occurs .iiorttt of this site. Tl1e oonFlectiori to Aliys Wejr.ii~•rritical #o-tkievehicular c3i'cul8tton wittiM•;tFtis area; This•roadway will provide a par~ttleT~d' .alternative •touta to Eagle i2oad~ The apptic~nt not ctmtrel.tte prdperty that wll4 enable the conrieclibn of Ailys'Way t4 Records Avenue, 6l~t the. cQrinecblon sliot!!d be a requirement ofthis development. ACRD; the City of iUle-id~n, and the developer should• worn with °adjacent property owners .to achieve the necessary •rigtrt=ofaaray dedicg~an. G~etiwcod ~Drtve and itlleado~v WoodDrive: The applicant la~~not:proposed any tmprgvemeMs or ~ocricecti_or~s tii tlie$e~ existing residentia) .streets. Staff Comment: The applicant wfi'be required to provide cut-de-sac t~nanwnds for these roadways ~or.constructa.iocail street connection within'the unopened fight-of~nray t~tween these sheets. T'he l~lsttrict is. not supportive oftyiicg these rural res~entia~F-stceete.:intti the ~pcopossd' i~rrirgerdal development, They t~istrict is:~supportjve Of.provid.+r-g ~tha exist~rig r~tdene~es access to :the t~t~~ p• Nt~RTFiYUte3T COttIVER F$ltvl®vw'•Avenue Access: The app8r~rtt ~ies'proposed'two driveway accesses 3o t=airview Avenue betwi3an Eagle Road and the sites west praperfy~e.. :Staff ~otrametit: If no access. is gafied~ to Hickory I~venue, one of the proposed driveways to t=alhtfewAvenue. s?ioi~ld be fttit.ac~ss. Tie full access driveway;s?i6~tld be loi~ted as liar from.the l=alnrlevViEagle intersection as is .passible. 'the second drlveaiey should be reatcicted to •~gt~i- ir><right on(y: tillckory 14venire: 1'tie site •faas ~"w frontage oi~ Hickory ~-venue, a collector streef with a~. eigr~alized .ir5tersecticn v+iittt ~F'auview.Avenue, T`'he District .believes that a: oonnedion to+tickory Avenue could provide necessary arwlatian and access to t=airview Avenue. Ttie District encourages the appilcalnt ~fo discuss thi3$e~ pcssitytl#ieis' with the adja~cit sand owner (a church). Rtver•Valley:~~he~applicant"has propt~setl extendln9 RhrerVaitey only partiatly•into•.ttie site. Stafff~imrri The.applicant: has raclt adegwately attdressed the i~ntirtiratlon. of Riv®r Valley into 'ties western quadrant of this.development: This:area ~ofthe development will require some redesign ty~ie aP.pli"cant: ACCE',~~5. TO tcAGL' E ROAp. Tfte appl'icant' has proper r~ht~riJr~ght~ut drh-eways; on twto •the east and West sides of F~gle Road. located approximately 4/s3 mile• norfh of'~-airCr9ew Aven4~e. Th® applicant has proposed. driveways alt both~the~east.ard wesE.sldes of Eagle Rvaii located approximately 1/4 mile north of l~airview Avenue, The app!'iCaitt. is. prrfposing. ~ight~rdtight-DUt driveways on troth thg east and the west slde•~of Eagle Road• 1t8 riiile south ~oftrie proposed- ~~rnde signet at River Valley. The Exhibit B • ~pplic~tat is proposing a slgc~atiiech.irifersectiot~ with ~~te ft~ad at the: ~.n~il~.tocation (~tiyer Valley St~reet). ~Stdfl Conirneht: ~i#tict staff is•:n4t syppott~ra of ar3y flf.:ttue proposed 1!6 m~e ri~i~t~Nfight-out rltivevirays.. T:he Distrta:recogttb&a that. t~itiFnatety~the •deaiaign fvr"the access.points on Eagle Road will ~be .made ey the ~ityy of AAetidiara end 1TD. Ftpvwever; the District pc~sued the designation :and tlie:regutremenYfc the•!%z mtl® catlector streets~•{Ri~rer Valley and Allys Way/Rec~~ds Avenues in •order to provide alterr~tives 1br access, rather •tt• granting ad~ttionai access points to the State ~,iighWay, sy~t~rn. • l`t%ese co~r~irietta ate-preliminary' ih •rtature.:and~fhe District:ant~cipates s4lymitting a mgrs connplete •analyses~:after• the a~pticant has provided ttte•~neoessary.trafitc impactstudy. if•you have ar~y gii~tions, please feel free to contact me at 20&387-5171•, S`.tncete?y; Loin~D~en EfaReg. Planning Re~iievv ~upervfsor Right=of-alltay:8 Daveropment Services cc F?roje~ nie Exhibit B • • 5. IDAHO TRANSPORTATION DEPARTMENT ,.1DAH0 •~` .~ .?~• . lDAji4 . RAN$POR7'At`iON OePARTIVIENT. Po i~ox a©ze •Balse, Il)' 83707-202.8 (zosl aoo ~15ecamber b, 2007 -t~ of :11~etidan. P.lannit~g:>~epartnneri# •6¢0~ ir. Wa#artq~r:~r .[,arts S•uife 202 lYleridian, Tdalso~.83642 RAX 8$8=68~4~ c 1~ Z~ 4~ o~~ir~ ..~~`~ .g :. 1Zc, I~cscaton; NWC 8c VET o>~I~f: Fagleltoad and~E. >aitview Ave. M*-~+~i4A 'Turn Gt~fr Rout:: Sli~•SS NIP 13:Q9S ~aine::~euurcat Froperti~, :1jL ~':ase Igo; V~1jt a7 =417 •Heatit;g Dater 7a~ua=y.8., 2008 1?~si` ZoaaitgAdtiupis~ator.; 7.fianky+gn. fqx the; ol~portu»itjr •to bvmrfiett on'this applitsition. We are requesting thet this vanjaace •agpl~cakibn be•denied.. Aece~ss to :Eagle Road should be at locations: that rair~gly wiitfi the ITD aeegss policy •and the ~a~e load lai'rastruetttre r>f~ only. Any and sill access pei.~ts, attd any other amenities stech• a$1'andsoaping v-ritltin the reght. u£•waj~, w~l~ rgquue a •perttiit. l~oiti I'1~4 Recess issues, sl~ttln7d~be resnl~ved as xttoin. as .possible ,AnywoilCdone•on the .State~ltg#~t pfWayiA+ill ceajui~ apectnit: Aexmit8gplieation5 aie a1•ailablE•Gpm this. 0i~•ice. Plettae harrc •the• appl~~pt eonfa~t:3~fatE VV.ard•at• 8l SQ •C~iipden Blvd; $:3.714 ,ip. Qoise. ~r ~eall {208) 3.3.4 :831 ~tci obtain a pc~mit application. If y9~hage atay quesf~i6ns~please call ma at 334-'$9U1-: . s;n~ely> - - -'~lil. Choafe . S.esiiiir Plenaei Exhibit B • ~' C. Legal Description & Exhibit Map e ~ , b 'E' . •8. 1' 8 M . i 'N ~. .., _ n ~! t d... BbundetT )aESC>rlptfOA NJeridtan Towtt• Centett Rezone Jab did: 4077070:00 i4 patcelnf 1$od situate n'tfte east half of the >~ntheast quarter of Section S, Township 3 tvorth,l2aage .1 East, the-southwest gnarter'and the west ,half ol'the ~patbriest gitatter.. of the southwest q~azte~ bf Section 4, Tovylttiitip 3 ~lOrth, >iange I' , Raise Nietidian, Ada Gdtinty,.ldaho, a~ncl beirtg.fn.ore pan4iculaxly described agfgllaivs: ~` ""' titi~mencing at.a b>als.9 aap ma4L•.in8 ~ie~ soutlie>tst co><t#et of Section $, Toit+ncliip 31VQith, .P~wr Ni+ ~~ ~ Range .I East; Eoise~lVlericfian, the Pt)IlVT Off' 81~Ct1lVNDVO: ' t Tlteboe.~89°4:d'Sd"W, :1.32~i.,J I 'feet:aldhg the: south lice of the. east half ot` the ~sorutheast quarter of ;section 5: to the sautliwe~t earner of the-eat balf.Of#he sout~teasf quat#gr of Section S; c.rir ~"°'~4eR1"o- , Tl;iepte~llt}t)°tX'S6">r; :45:28: feet &loAgil,e west liaae of the oast $alfof the souhheest yyarter ol~ection S~ to s 51$ inch rebar oil t3ieriortb rl8ht=of way lineof East Fa6yiesy.Averine; Kq,~«;,~ ThencaN(jQ°Q6`SG'1w, 1.265.40•feet.elttng#7lewestlineofttie•eaSC•ha1'f ofihe i 4ONri'ih.Y Ha sovfheast quarter of Simon. S to a ~!$ iach reben ~)cing 1lio Southt• Cofnerbf • Pagkarit St3bdivis>'viori TT4,.4, .Book 82 •o€Rlats•1#t Page 9064, re~fds of.Ada CVUUty; 'hence ATt10°07't~''L, 7 Y1..G9 feet alaflg the easl•. line of Pacliard.'Sybdivisioo ~To. 4, . to-a 5/8 iilcli rebss ~naikang fire •sotttheast Comer oPPackai+d Sulidi_vi~si4n No: ~, ,Bos}Ic °'"" $0 o1~PIats~ar Page 8687; tecazds of Ada.Couraty.; snawrs ~~ ,•l '. ,~.~ ~~~ . ~,.; ~ ~~ . 1113 E¢~t W,UjQi¢0~§ekQiltr9' Eat-a.~ '63&16 ~N'Z00%24&'8300: 'Fx• 2a3pYeg68320• ,+~t8ie~+>~ .casm+! '~cnge iY~'Q'7'13"~ 239:3:1 feet along the east line of Peckaid Subdivision. Alo. #, to the south •right~P-vrsyline of East Cfteteatt l)rive3 Tttenee N89°39 °•flb" l~; 97,55 feet along:tlte south right of way. lineof @esYChatemu Iliiye; T:henee .7fl9,tJ.$ teet• oa a curse td tlse left havi>gg a iadu:l 7{~.t>D~ feet, a.•s~rip'al.°in81e of p0'-Qp`p9", a. cTio><d bearigg ol`'N4!t°$1:'OG~"Fh oAd a. c2tord length of 98:99 feet, along 5aidreght~t=sway line; Tiaence I~Ft1a°08'S4"W, 289.8 feoi along •the said. east rigi-t-of :way line to the north lineof.~tl~e eask lt~'o€tbe souhheest quaufa o£.Scetion 5;; Thence N$9°55'~B"$, 721.2Gfeet.sipng$henorth Iioe of the•eaat halfof rile sogtl~east 9ti~ df $ec~t}n S, ~'hence••3Z0"34°~A'~ 48:04.feet; Page i. bf2! Exhibit C .~ ~~ • .App, ~11lL BY _•. Riii1A~J p~yg~iG ,..n~ v5 `-~~~ 1 iV1e~acliatsTaw~ ~et~lotltezvrie ccleti-ued..= 'Thence N89°5'28"'~, 356.'I3 feet para):IeJ vuitb the north htse of the east 1tal.f 9f the southeast quarter of"Section 5 to the w~ right~f-way ~1ine of Noth:.E,~$leRoatl; Thence X89°55'28"E, 7©•OU feet l~arallet w'tt}i rite earth Bite of. the east half of the southeast quarter of Sectiirn 5 to the West.1iite crfthe southwest quarrter of,Section. ~; Therioe ITQQ°? Q'43"Ir; 45:Ob. feet along the wear. line af`the :southwest quattex of Sscti~n 4 to A brass cap niaxldng i>'re west quarter-section. confer of Section: 4; T!>+~tce-N$9°51'Ql''Iv, 79:p0 feet altrng#he ngrth tine of the southui!est 9e'' of Section ~'to .a brass cap rill:-of wtiY ~dr-ument; ~Stat.ott 142-r~6.3,.on flte east ri$hi- of.-vvayline ofNor'thl'..a8le"Road; 'Thence I~t89°Sl'Ot">w,1258.28 Beet a[ong$te udittt line of the southwest quarter of :Sectitin.4~ta x.518 jttc~trebarmerlcri$.the:center,:we~ s{xteentlt~section cwmer; Thence N89QSCi'4,133.t?.613 feet along the raortlr line of. fife southwest quartet of Seetiori 4 to ~ 5l8. inch reb~r' nzatlizng'tlte nortlseaSt c.csrries of the southwest q-~rtec of ~ec~ion ~; Thence S00°I•Q'49"~, I314.13 ~£eet alang~ttie east Brae oi' the southtvgst quatrter of Seetioit 4~tti,a t!2 irlc~i:rebar r~aa'kitr8 ~ southweste5rner oFClbver Meadows Su>;_c~ieision No. 3, Book 2Q of Plats at'Page.+ 1524;records of Ada Cctunh''• Thbirce N89°5$'34"E, 662-97..fect alori~ the &uutliline of Clover llieadbws Subdivision ~No~ 3, ta:a 1~i2 .itaclt zebar rtiarkitag the narthwest mm~' of Vetttire Subdivision, Book 2q pf, l']atg at Page,1704, records of A8aCounty, `thence S0p904'25~4V, 1266.52 feet aloaig the west lire of'V~t~'Spl~divisien tp the nar'~ right-of-way kirte of fast I~airview ~vatiue; Tk2ence cantinuii-g SbO°04'25'°W, 5.1.7:4 feEt to the south lit3e of Sectitm 4,. Thence-N89°46'39"W; G~4.7~ fopt alQrtg tote spattt lineof the west half Qf the southv-~est cjtiartef~ ~f the soutbeast.quarte~ of Sec~'ion 4~ t9 $ 5/$ ancla rebar marking the :sautli.quarter'~sectiom comet ofSecNoti ~;. 'Tliea~cii?N89°4G't-1"~-;.2~59:51 feet along thesouth line.of the southwest quarter Ssctio..n 4 to the ppII~YT,4F AECI~I~Ii<IC#. TErc-above-desoribedpar~l c~i+taiits 25$.39 .aeres,.~more or legs:: ~5°ubject to any existing easeirrentx or~ixghts=of-`wsy-of record or. aPpa~t. ~~1 .. ~~ .Page2:Rf-~ a .~ s. E. ~ "w:..t a rr<. Exhibit C • November 21, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT Mayors Office ITEM NO. 6-A-1 REQUEST Economic Development Report by Phil Stiffler with AspireOn AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS ~~~~~ Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Educational Facilities The continued tradition of success has led to Meridian's °blue ribbon" designation, one of the highest honors in the state. One of the reasons for the award.... approx 70% of graduates go on to college. To improve the qual- ity of education, professional technical and medical arts charter schools have been created offering real world education and skills. For high school seniors interested in attending college, there are several well respected public and private institu- tions locally and regionally including Boise State Univer- sity, College of Idaho, Idaho State University, and North- west Nazarene University. Meridian....preparing today's students for tomorrow's challenges. Recreation ~ Culture Meridian and the surrounding area offers a high quality and vibrant lifestyle. Being a premiere place to live and raise a family requires a commitment to maintaining a safe and caring community that values its youth. A com- mitment that is represented through low crime, a clean city, and being recognized by Newsweek as one of "America's 100 Best Cities for Young People.° But a high quality of life isn't complete without fun. The four distinct seasons allow for a variety of outdoor activities. Golfing, skiing, biking, and white water rafting all make the list. An abundance of recreational programs offer organized sports and community festivals provide great family en- tertainment. Number Public Parks (within city omits) 12 State Parks (within 30 miles) 3 National Parks (within 10o mites) 4 Public Golf Courses (within 3o miles) 27 Libraries {within 15 miles) 22 MuSeUn73 (accredited byAAM; within 30 miles 2 Ski Resorts (within 100 miles) g Arts Funding (dollars per person of state funds s ent on arts 1 Public Schools District Name Meridian Joint District #2 Private Schools Number Schools in County 18 Community Colleges Distance Treasure Valley Community College 18 Four-Year Colleges or Universities Distance Idaho State University-Meridian 0 George Fox 0 University of Phoenix 0 Stevens-Henager College 7 Apollo College 7 Boise State University 10 Northwest Nazarene University 10 College of Idaho 17 4 Business ~ Employment Meridian has experienced explosive growth in the last 15 years. A now vibrant and diverse economic environment, Meridian and the Boise Valley are home to some of the region's top employers such as Micron Technology, Simplot, Blue Cross of Idaho, Hewlett Packard, Bodybuilding.com, MWI Veterinary Supply, United Heritage, and ESI Construction. Technology investment is increasingly important to the Valley, which also is home to high-tech employers including Microsoft, Western Electronics, and Cru- cial.com. Overall, community involvement combined with a low cost of doing business, strong leadership, and a highly educated and dynamic workforce has lead to Meridian's, and the Valley's, success. But don't take our word for it, Economy.com ranks Idaho among the 10 states with the lowest overall costs of doing business. The Corporation for En- terprise Development rates Idaho No. 1 in manufacturing investment and 6th in long- term employment growth. Forbes Magazine has recognized Meridian as one of the gBest Places for Business and Careers", and Inc. Magazine identified Meridian as one of the "1"op U.S. Cities for Doing Business." Labor Statistics Civilian Labor Force (2 007 Annual Av®rage*) Meridian Boise Nampa Caldwell Total Labor Force 31,775 112,556 36,793 17,370 Employment 31,048 109,928 35,619 16,758 Unemployment 727 2,628 1,174 613 Unemployment Rate 2.3% 2.3% 3.2% 3.5% Idaho Dept of Labor *Reflects 2000-based geography, new model corrtrols, 2000 Census inputs, and methodological changes Business & Employment Growth: 2004 - 2007 Number % Increase Businesses 924 60.23% Employment 9,491 42.16% Idaho Depantrnent of Labor 2 -- c~ ® Meridian and Boise Valley Accolades & Testimonials Forbes Magazine 2005, 2006, 200 "Best Places for Business and Careers" Inc. Magazine 200 "Top U.S. Cities for Doing Business" Newsweek 2005, 200 "America's ioo Best Cities for Young People" Money Magazine 2005 ~ "Top 75 Best Places to Live" Farmers Insurance 2006 "#i Most Secure U.S. Places to Live" ~ Bodybuilding.com "We are so proud to be a company in Meridian! The amazing support that we get from the community, the local politicians, and more has helped Bodybuilding.com to grow into the world's largest online retailer of sports nutrition products. We are lucky to be in a place with so many opportunities to hire and work with smart people! If you are looking to start a new business or move an existing one, I would recommend that you put Meridian at the top of your list of potential locations." -Ryan Deluca CEO MWI "We are proud to be a part of the community in Meridian, and feel that it is an excellent and cost-effective place to do business. The location provides a central place for employees to come to work from around the Treasure Valley, and maintain a healthy work life balance. We are able to attract quality employees in part due to the many amenities that Meridian and the Treasure Valley offer." -Jim Cleary, President and CEO ESI "We are very excited about our company's future, and believe the physical location of our headquarters in Meridian has played a large part in our success by facilitating our recruiting efforts. Our business is a service business -people are the key to our success, and candidates we bring to town typically fall in love with the community and it makes their decision to relocate easy." -Thomas D. Hill, President/Owner E ID-IA1'~T ~~~~ "The Treasure Valley is the best place to live in the United States. Spec}~ically, living in Meridian keeps me close to all areas of the Valley including the airport. It's a great place to Live, Work and Play!" Matt Bissell, TSheets CEO ~G~ OGtt A~lDYP~ at G+VW~N:JVIGY ~ ~ `tC~,ty.DY9 Meridian Headquarters and Industry Leaders Bodybuulding.com~' Bodybuilding.com is a two-time Inc. 50o company and is the world's largest retailer of sports nutrition products on the Internet. The site not only has an online store with over ~ooo products shipped from three warehouses around the country, but also focuses on how-to articles, video shows, and Web 2.0 community features. Employees: 250 200 Revenue: $igo,ooo,ooo MWI~ MWI Veterinary Supply, Inc, is a leading distributor of animal health products to veterinarians across the United States. They market these products to veterinarians in both the companion animal and production animal markets. MWI also offers customers a variety of value added services ranging from e-commerce platform and pharmacy fulfillment to inventory management system and equipment procurement consultation. Employees: 862 nationwide 200 Revenue: $~io.i million ESI' ESI Construction is a commercial general contracting and construction management company engaged in projects throughout the Western and Midwestern United States. Over the past 3g years, ESI has established a solid reputation for excellence in successfully constructing a multitude of project types including retail, office, healthcare, industrial, university and non-profit. In 200, Engineering News Record ranked ESI "Idaho's Top General Contractor" and #2g3 nationwide. Employees: 150 200 Revenues: $306 million Crucial Technology'' Crucial -the Memory ExpertsTM, is a key brand in the Lexar Media family of products, and is the only consumer memory upgrade supplier that's part of a major DRAM manufacturer. Micro ioo Tool The premier global provider in super carbide cutting tools, the 3o-year old company manufactures and distributes to more than ~o countries worldwide. United Heritage' United Heritage has been in business for nearly 75 years. Today, United Heritage offers life insurance, annuities, and group life and disability income insurance through United Heritage Life Insurance Company. Homeowners and fire insurance products through United Heritage Property & Casualty Company in addition to automobile and homeowners insurance through Sublimity Insurance Company. . E IDIA~N~ '- ~~#~ Meridian is home to numerous corporate and regional headquarters for industry leading enterprises urith a global customer baseo ~ Indicates Corporate Headquarters ~GK~i DGtt JIADYP/A~t !~V'WLfl:1111P.Y' • .DYE Business Enterprise Corridors Four geographic areas in the City have been identified initially for Business Enterprise Corridors. These areas are: 1. Health Sciences & Technology Corridor 2. Downtown Corridor -two identities "Gateway" (south of the railroad) and "Old Town" (north of the railroad and consistent with Old Town Zoning). With the recent opening of a new City Hall and several projects planned, downtown Meridian is transforming into a destination point for business and entertainment. 3. Northwest Corridor -Development anchors within this corridor include visionary lifestyle developments BridgeTower, Tree Farm, and Paramount. 4. Ten Mile Corridor -Capitalizing on the soon-to- be-completed Ten Mile Interchange, plans for the 2,798-acre area focus on mixed-use neighborhoods with build-in or nearby commercial uses, Efforts are ongoing to define industry viability and marketing opportunities for each of these areas in collaboration with key stakeholders. Health Sciences & Technology Corridor: The Health Sciences & Technology is the first area where the City's marketing of the BEC concept is taking hold. This corridor is anchored by an educational/research institution (Idaho State University) and businesses such as St Luke's Hospital, Bodybuilding.com, Blue Cross, Crucial Technology, and Complex Care Hospital. The corridor includes major business parks Pinebridge, The Portico, Silverstone, El Dorado, and Gramercy. To date the City's successful Economic Excellence efforts have promoted collaboration between business, developers, and educational/research institutions. This collaboration is promoting coordination of marketing efforts, education, and research to support local and anticipated health sciences and technology businesses. E IDIAI`~T:~- ,_ Meridian is home to numerous corporate and regional headquarters for fndustry leading enterprises urith global customer base. ~u~tcG Out ~lor~~ at Meridian's Global Reach Micro ioo Tools Industry: Industrial/Manufacturing Exported Product: Carbine Cutting Tools Crucial Technology Industry: High Tech Exported Product: Memory Products Western Electronics Industry: Contract Electronics Manufacturing Exported Product: Service Solutions for OEM Companies BodyBuilding.com Industry: Nutrition/Nutraceutical Distribution Exported Product: Sports Nutrition Products Conveyor Engineering Industry: Heavy Industrial and Mining Bulk Material Handling Systems Exported Product: Material Handling Systems MWI Veterinary Supply Industry: Veterinary Distribution Exported Product: Animal Health Care Products Meridian-headquartered companies and industry- leading enterprises expand our city's global reach through a vibrant exporting atmosphere which placces expertise and products produced in Meridian into more than two dozen couniries across the globe. ,'I~y~~~~~,~iK,oG Out Jl~to~~uft E IDIAN~-- ®,~H Date: November 12, 2008 To: Medical Education Interim Committee Members From: Phil StifFler Sr, Economic Excellence Coordinator, City of Meridian (208} 884-2468 x230 pstiffler _meridiancity,org Economic Development - With a targeted industry approach, a diverse team of engaged stakeholders, attractive infrastructure and compelling assets in place to fuel this economic engine, we will attract secure and rewarding family wage jobs. Meridian's chief executive officer, Mayor Tammy de Weerd, and our pro-growth City Council want you to know we are excited about what the future may hold for us as your partner in driving innovation and ingrowing the Idaho economy. • Health care will be the state's fastest-growing, largest and highest-paying industry between 2006 and 2016, with nursing as the hottest occupation. • According to the Idaho Department of Labor, there will be a need for more than 500 registered nurses (with a median hourly wage of $25 per hour) every year on average -excluding chronic vacancies - and a 43 percent growth rate for pharmacists. • Readily available data show that for every $1 invested in advanced health sciences education, $2.30 is returned to the investor. • Our existing investment in the health sciences isn't enough to enable us to fully capitalize on this reality. Idaho's growth ratio of physicians per capita, a key indicator of physician access, is 49"' in the U.S. • A report from the American Academy of Family Physicians found that the economic impact of each family physician in Idaho is $812,189 per year. Adverse economic impact can be based on healthcare dollars leaving Idaho as its residents go to other states for needed care. Additionally, it can come from the inability to participate fully in growing bio-tech industries -and its ability to attract, retain and expand science and technology assets and leverage them for economic development. • A report commissioned by the Association of American Medical Colleges (AAMC) cited the 2005 total economic impact of AAMC members (traditional medical schools and teaching hospitals) as more than $451 billion. • AAMC members provide more than 3 million full-time jobs and create significant tax revenue for their states and local communities. • Retention of physicians is strongest when they receive both their medical school training and their residency training in the same state. "If students stay in one state for medical school and their residencies, there is an 80 percent chance that they will stay there." AAMC has called fora 30 percent increase in the training and preparation of new physicians by 2015 to meet the U.S. demand. • Although healthcare is becoming an increasingly important component of the economy, it is relatively underrepresented in the Idaho gross state product. Idaho ranks 35"' in the nation in this important statistic. Our ranking suggests that a disproportionate share of spending on healthcare is leaving the state rather than being retained in Idaho to help build the economy. • Based on a May 2008 Economic Development article in Goveming.com, the "ads and made" have two attributes much appreciated by local political leaders: They have money to spend, and they stay put. As New Haven, Rochester, Philadelphia, Baltimore and other struggling cities all found to their good fortune during the depths of the urban crisis, universities and large medical centers don't get bought out or relocated by their owners. And as their resources have swelled -last year, 76 universities around the country had endowments exceeding $1 billion. • Universities and medical centers are more than just steadfast employers and major land developers. They are "the generators of development across the city," coming to shape focal economies through the research and activities they sponsor. Universities and research institutions undergird what Carolyn Adams from the Governing article calls "networks of knowledge and entrepreneurship that create new products and processes." In other words, they convene faculty, students, researchers, investors, entrepreneurs and others who can share ideas and dream up new ventures. • Grants and contracts for sponsored research provide a major part of the funding for U.S. medical schools. AAMC reported that in 20042005, medical schools received $21.1 billion in research grants and contracts. • Coupled with the stable incomes they provide and the cultural vibrancy they stimulate, it's no surprise that universities have come to anchor many cities' prospects for growth. In the last four years alone, some $5 million in care has been delivered by Idaho State University- Boise Family Dentistry Clinic. The dental residency program has made a huge difference in lives of lower-income Idahoans, treating approximately 500 new patients each academic year. • ISU has 177,000 square feet of new space being remodeled in Meridian, where 25 health professions programs will make their home in 2009. We believe health sciences and technologies create opportunity for Meridian and Idaho to provide direct public benefit, to promote regional development, to encourage networking among research institutions and local business, to spur new technology industries, and to create dynamic environments supportive of entrepreneurs and health professionals. • Idaho State Unnrersity is already a partner in Meridian's move into the health sciences. This legislature has been wise to pool investment with private donors to create a major higher education facility that will be a key asset to advance health sciences/technology economic development and the complimentary businesses that thrive alongside higher education infrastructures. -- -- - - -- IOSTATESMAN.COi~Affl~ICN • READ KEVIN 8106 GUESt` ED1T+~RU~i. AN fDgHfl MEDICAL. SCHOQI ~s w~, we a re taming oar spat a on Opinion Rage to four local leaders, are former city ~ ~ fire Statesman editorial board.. ~ win s~rare their ~ and vie~oir~ or-tapi~SOf theU ct-oa~ng. medical school The Idaho Statesman advocate for planning iR Valley.Its Visionfor the Vallej-serie issuuBYafirork ofhowwe wantour Valley topraS- pe~c The theme for their vwork is de- scdbedinthetitieafthe pmgect... a Vt~ion for the ficttne ~. a dreamaf whatwecanbe. Inone spedific ar~,however,-the editorial board has bees less than vir ~ionary-then~d forandthe po- tential ofinedical education as a driv i~ force for positive change. The ~ardhas taken the shortsighted po- srtion that a medical school for Idaho is too expensive, a second`. rate option and premature.'191dir position is based upon tl~e significant ~ of a medicmischool,thesuccessof p- erativeprogramswlththeunnrersi~- ties ofwashingtonandUtahandthe competing n~cl for funds for other .;a Special to the Si~tesman' TOINRrDER theao~tofsucc~s.Th~Uni- '. versityofIowaCazverCollegeof Medidae is ~r a premier medial education and research inslztu>zon. But the iJni`rersitq ofIovva's nnecliral educ~tionprogeamdidnotstaztyes- !, ~y Itbegania1t3y0wtththeapen- ing ofthe Borst co-educationalmed isal schoalinthe countrS.The dew i scan to fund a medic~t school was veryconorovetsialinlowa~ustasitis todayinIdaha Infact thegoveruor vet~oedfundi~aschoolinlt348'andb wasn't established for another?.2 yean3.Ronofdtea~mscs~takke awhileeveawheathelselear: ~'~~ Init3'mlowahadapopulatlioaofl2 -; m31]ionpeopleandtheirleaderswere far-sighted enonglt to realize that medit~teduca>,toawas aloag term proposition. what slatted aver130 years ago has become the pride of the mate of Iowa .., a reeogn"rrxd leader in medial technology- and edut~ton and, aneconomic aogZne tbathas spawned a crno4munit9 of medical and biotechnology industries and op purtunities Of course, the mast biaarre impel imenttoenhanc~aQediraledac~ { tioninIdahoisthesame aselse- where:lackaffundbogandresources. Farsomereasonwecanfind$35mii- , lionforstadiun~ press~box~butnot g35 miihOn for critical needs. I am oneto advoc~atethat the taxpayers should fiuQd the imitial iavesrlnent. AARer all, the new medics~tedur.ation bu8ding in South Dakota only cost tl~ of South Dako~ about $1.t3 million. The bulk of us cost was fundedbyphilanthropy cad student fees wh'h a boast from the federal ~everoment bioresearch will be the mast in-por- taat geowthsector inthe US. econa- my wer the next 50 yeazs. A medial school is more dranmereiy a place to educate Idaho da~ars: it is a breed inggrouad foaadvanced research, and it woum act as a stand cubator° for development of an eu plrely new industry to help drive eco- nomicgrowthiaaway~at isclean, safeaadprof~ble: Dettacbors lie to suggest that a new Idaho medical school could trot replace the qualltty of education that Idaho medf cal stud~ts get at the ttvo bordering schools. These schawls are ~, ~,less~'eand new option means low quality and uaderach~ieving is just not accurate. floe verf- successful model that Idaho wall emulate is the Sanford School of Medf tine at the Unlversity- of So nth ,Dakota, a state with h alf the population of Idaho: Yes. South Dakota has a m~ical sc~ool,but not lust toProvide eats expensive and second rate option.far. students.Instead it haseataed arep- utaiian as being a top medical ~nc~ tional institution ~ in rural faomly practice, Sounds like vet IId~- hoanswant and n~ today Last month the school d a $37 ym'[Oion medical teseazch and educxi lion fiality that is bte~athtaking in andmission. The 5ordps~lhas alb-~rhistory and daring that time has graduated 3,000 doctor with aht-a~t 50 peecent staying fal South Dakota. Let's cot postpone this critical need. bemuse that merely delays the ac.huevementofourgoals and in- Tom Ryder is a r~aedbR. SimptotCo: e~ecutjve vim served as the editodat board's cow repres~~ ~ ~'- andZt~7. 0 IDAHO STATIi.SMAi~1~ IDAH05TA1`ESAi1,4N.COM IDAHO / FR®M ~dah ~ • ®d acrd t~ consider I~ inn. ec~.e,al. s~l~ool ro os~1 p p ~f'iciajs also want to increase the number of Idaho studens atEendin~ UVif s medical school ed the state find ways to double the number of Idaho students who attend the University of Washington's School of Medi- cine in Seattle. Gov C.L. "Butch" Otter has -said -that program has fallen short of its goals ofgettiagmore doctors in Idaho. The state has 400 .family doctors and a population of aboux 1.5 million -one family. doctor for every 3,750 people- and ranks 47th nationwide in the ratio of primary care doc- tors to residents, -the Family Medicine Residency. cif Idaho "estimates. The program that sends Idaho students to Seattle - c~lled the W WAMI Medical Ed ucation Program -was devel- oped in I271and allows students from Idaho, Wyoming, Alaska and Montana to attend the Seat- tle medical school and- pay the same tuition as Washington stu- dents. The program .emphasizes family-medicine in rural or un- derserved azeasand encourages graduates to work in the North- west. In 2005,10. of the 18 graduates from Idaho returned to the state. to practice family medi- cine. This yeah sis of the 14 graduates from Idaho came back to work in primary care " specialties such as geriatrics and pediatrics. Under the ISU plan, the school's existing health science resources would be used to train medical students in their first two Years, while their last two years would be spent at clinical sites inIdaho forhands-on train- ~ ~• If the Board of Education ap- proves the plan, it would then. have to be approved by Idaho .lawmakers. If that happens, the university would be able to further develop its planandsubmit it tothe Liai- son Committee on Medical Edu- cation, anationally recognized a¢ereditation body for medical schools.- THE ASSOGIAI'EDPRE55 A joint interim legislative committee an medica} educa- z- tions recommending two paths to increase the numbea of med- ical doctors in Idaho, Including setting up a medical school at .Idaho state university. I The state Board of Education will conceder the recommends- tions neat month. ' The committee Wednesday '. recommended a plan proposed ~ by ISU to establish a medical school, with students starting o~ atISII but finishing their ed- i ucation at other locations. b `The}' got a .very goad overview of what :Idaho is fat- ing," I5i7 President Arthur Vailas told the Idaho State Jour- naL `Z think this is a step forward for Idaho, and that's where mY position has. always been. It's a good thing that we can add to ~ our project.° The board: also recommend-.. ,', ~^ .* ~~_~ ~~~ (s --.`i a .~. ~~ St Luke's Health Foundation MERID][AN/EAGLE ADVISORY COUNCIL St. Luke's Meridian/Eagle Advisory Council will provide assistance to the vision and mission of St. Luke's by enhancing relationships with business and community leaders in the area, and by helping engage and educate these leaders in the mission of St. Luke's to improve the health of people in the region. TO: Mayor Phil Bandy Brian DeHaas Brad Bazker Joe DeVera Ron Bath Mayor Tammy de Weerd Keith Bird Dale Dunn Eldon Book Dr. Bob Franklin Dr. Glenn Bothwell Dr. Jacob Jarvis Suzi Boyle Dr. Tim Johann Ron Carstensen Lori Jones Larry Chetwood Raul Labrador Dr. Linda Clark Roger Martell James F. Cleary, Jr. Gerry Mattison Laura Cobb Pat McMurray Nancy Merrill Mayor Nathan Mitchell Walt Morrow Dr. Stan Moss Dale Newberry Jerry Nielson Ron Sali Lynne Sedlacek Toni Smith Mark Snodgrass Kandy weaver AGENDA Wednesday, November 12, 2008 -12:00--1:30 pm St. Luke's Meridian Medical Center - LemhiBlackfoot/Paiute Rooms PRESENTER ITEM Carolyn Terteling-Payne, Chairman Welcome and Introductions Maureen O'Keeffe, Vice President Human Population Growth in the Treasure Valley Resources & Strate 'c Plannin Phil Stiffler, City of Meridian Economic Meridian's Health Science and Technology Corridor Excellence Director Carolyn Terteling-Payne, Chairman Calendar of Meetings for 2009 / Noon, Wednesday, January 28, Lemhi/Blackfoot/Paiute Rooms / Noon, Wednesday, Apri122, Lemhi/Blackfoot/Paiute Rooms / Noon, Wednesday, August 19, Lemhi/Blackfoot/Paiute Rooms / Noon, Wednesda ,November 11, Lemhi/Blackfoot/Paiute Rooms Carolyn Terteling-Payne Adjourn Please RSVP by Thursday, November 6, 2008, to 381-2123 or to foundation@slrmc.org cc: Cazolyn Terteling-Payne Charles Wilson Pat Burton Pam Bernard Phil Stiffier Gary Fletcher Jeff Taylor Maureen O'Keeffe cilekj(a)shmc.org (208)381-2123 Cn ®d z rn ~ _. ~ _. o o o rn ~~ ~~ \V •w ~ ^ ^ v, /~ ~ • \~/ r ~ • D~ ~ ' ~ ~ o I'Tl < ~ ~ ~ -• ~ o ~ ~ o ~ .. ~. n ~ ~ ~ ~ n ~ - o ° CD ~ ~ ~ ~- ~~ C7 _ ~ CD ~~ v~ D 0 v n 0 • • '_", ate. ~~o~m~°~c u~~~ v~~o m mm~~~~ ~~~~a C7 -~ ~- ~ Q ~~~ O ~ ~- ~ ~c v ~ ~ ~~ ~ ~ ~ =~~ ~ ~ ~o~ ~~~ ~ ~ ~o~~ ~~~ ~ ~ Cn and ®z ~o ~~~ ~~ o° ~. ~. ~ ~ Q ~~ ~~ -~ c~ ~ ~ o0 ~~ ~~m ~~ ~~~ ~ ~~ ~~ • 0 ~~~ ~n~ o n ~ ~~~ ~ o~n~~- m z3~ • o ~ Q ~~ ~u rn cn -a cu ~. ~~•~ ~ ~~ ~ ~ m u ~~ ~ ~. 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C7 ~-~. - r-~ CrJ ®~ z m a. n o' m x n m C~ CD • • • ~ • • • C7 • v~ O O O p 1 1 1 1 0 1 I I I m ~.o o O -vim ==~-v~p< ~~~~~~~~,~~~~~~c~ ~ t/~ r,,. SU p CD ~ ~ ~ ~ $ ~ ~ tv (D ~+ _. _ n ~ ~ ~ ~~ ~ ~~~ ~' ~ ~ ~ my c~ ~ o ~ ~ ~ c~ CD ~. _ ~ ~ _. C ~. ~ ~ ~ O ~ ~ ~ ~ Q'O ~ ~ ~ ~ `~ CtD ~' n ~ ~ ~ ~, to ~' -• - CD ~ ~ G CD ~+ O ~ ~ CD F--~ H ~~ ~Z v m m a c D 0 v n Cri ®d ~~ ~~ ~Z l~1 • • • ~ ~ ~^ ~' r""f O ~ O O ~ O ~ ~.{. r~ ^~ ~. !"F` O ~ _ ~ I'*'F` , ~~ 0 O ~ ~ // ~ ~•• rf O L.L ~ ° o ~ ~ ~ - < ~ ~ ~ ~ ~ ~ ~ c~ o ~ Z N X m D n o' November 21, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT Mayors Office ITEM NO. 6-a-2 REQUEST Economic Development Coordinator Agreement with Virtus Enterprises Inc. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS V ~~ O Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC THIS AGREEMENT, effective this 1 ~ day of October, 2008, by and between the CITY of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and VIRTUS Enterprises LLC doing business and hereinafter referred to as "VIRTUS", 2043 E. Redwick, Meridian, Idaho 83642, a limited liability corporation organized under the laws of the State of Idaho. 1. Scope of Services: VIRTUS has designated a core team to serve the needs of this Agreement. That team is identified as: Phil Stiffler, Sr. -Economic Excellence Coordinator Josh Grant Project Execution Specialist Phil Stiffler, Jr. -Founder and CEO, VIRTUS Enterprises, LLC The team shall be the CITY's contact and shall be accountable to the City and the conditions of this Agreement. The City acknowledges that VIRTUS can and will use other resources, staff, or contracted services at their discretion to optimize performance under this contract. A copy of the original RFP prepared by VIRTUS shall be incorporated by reference and attached to this Agreement. A Scope of Work prepared by VIRTUS is attached to the Agreement and is hereby incorporated by reference. VIRTUS shall perform all services, made a part of this Agreement and may receive additional duties as assigned that are consistent with the intent and objectives of this agreement. If VIRTUS believes the additional duties are outside the scope of the Agreement they must raise that issue to the Mayor as soon as reasonably possible. VIRTUS shall act under the direction and at the pleasure of the Mayor and CITY Council. They shall be responsible for coordination of the CTTY's economic development strategy, which includes downtown economic development in cooperation with the Meridian Development Corporation (MDC) (as it relates to commercial and industrial development). VIRTUS's work is characterized by duties associated with planning, developing, managing, and completing economic development projects and programs; coordinating with business and development interests; and partnering with the business community for funding on specific projects. They will act as liaison with CITY departments and officials; and represent the CITY where appropriate in economic development meetings. The Mayor will provide VIRTUS with ECONONIIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC -PAGE 1 of 10 • assignments in terms of broad practice, precedents, policies, and goals. Work may be reviewed by the Mayor and/or City Council for fulfillment of program objectives and conformance with City policy and practice. The focus of the Economic Development Coordinator shall be around five (5) primary areas that have been developed over the last year incorporated by reference and attached to this Agreement: • Corridors • Existing Business Developments • Positioning/Planning • Economic Development Relationship Building • On-Going Tracking and Support The general nature of the work involved as the Economic Development Coordinator shall include, but are not limited to the following areas: weekly business visits if that can be accommodated with the Mayor's schedule, coordinating the maintenance of a website, working on the development of the marketing materials and the continued efforts with the Medical/Health Sciences district (this includes working on a targeted business list for recruitment); and follow-up with the Economic Development Council in partnering opportunities; respond to business inquiries, Economic Development partners, developers and their projects; the Ten Mile and the North Meridian planning activities as they relate to Economic Development and the necessary follow-up. VIRTUS will coordinate, when appropriate, with other CITY departments such as Building, Planning and Zoning, and the City Attorney's office. Additionally VIRTUS will coordinate, when appropriate, with the Meridian Chamber of Commerce or the Boise Valley Economic Partnership. VIRTUS will also meet the measurable accountability standards as outlined in the Scope of Work. VIRTUS agrees to, and does hereby grant the CITY the rights to reproduce use and disclose for CITY purposes, all or any part of the reports, data., technical information and client information furnished to the CITY under this contract. All information received by VIRTUS, during the course of this Agreement or the preceding Agreement between VIRTUS and the CITY shall be the intellectual property of the CITY, however obtained, and in whatever format obtained, shall be the property of the CITY. To the extent permitted by Idaho law, such information shall be confidential and therefore shall not be disclosed to third parties unless permission is first obtained from the Mayor. Upon termination of services provided under this agreement, VIRTUS shall promptly deliver all materials and equipment received by VIRTUS to the CITY. VIRTUS shall not ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC -PAGE 2 OF 1 O retain any such materials or information in any form unless VIRTUS has received written permission from the CITY. Nothing herein shall be construed to violate the Idaho Public Records Act. VIlZTUS retains all rights to proprietary information received due to their existing relationship with AspireOn, Inc., or other contracted partners. VIRTUS shall retain exclusive right to that information. This Agreement does not prohibit VIlZTUS from engaging in other business agreements with other public or private enttities for matters unrelated to Economic Development. The City reserves the right to limit or exclude VIRTUS from entering into other Economic Development agreement during the term of this Agreements with other public entities. VIlZTUS may act as the spokesperson for the CITY in furtherance of this Agreement, but shall coordinate that effort with the Mayor's office. The CITY shall reserve the right to be the lead and spokesperson on any CITY related matter. Furthermore, the CITY shall approve and may provide the letterhead and business cards necessary for the furtherance of this Agreement to VIRTUS. If the City provides the business cards and letterhead it shall be at the CITY's expense. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on September 30, 2009 unless earlier terminated or extended. 3. Indemnification and Insurance: VIRTUS shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by VIRTUS, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. VIRTUS will provide services to the CITY and shall be liable for all acts of their employees while upon the premises of the CITY. Additionally, VIRTUS shall maintain Workers Compensation Insurance, in the statutory limits as required bylaw. VIIZTUS shall provide the CITY with a Certificate of Insurance, or other proof of insurance evidencing VIRTUS's compliance with the requirements of this paragraph and file such proof of insurance with the CITY. In the event the insurance minimums are changed, VIRTUS shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the CITY Clerk with a copy to Meridian CITY Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. The CITY will further indemnify VIIZTUS for any losses, claims, actions, or acts by the CITY, its agents or employees, taken in furtherance or related to the information provided from VIlZTUS. VIItTUS shall not be liable to the CITY and the CITY shall hold VIRTUS harmless for acts or omissions related to Economic Development efforts done prior to the effective date of this Agreement. ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC - rAGE 3 of 10 • • 4. Independent Contractor: In all matters pertaining to this agreement, VIRTUS shall be acting as an independent contractor, and neither VIRTUS nor any officer, employee or agent of VIRTUS will be deemed an employee of CITY. VIRTUS shall maintain offices separate from the CITY. VIRTUS may have access and use of CITY conference rooms for meetings in fiirtherance of this Agreement. 5. Reporting Relationships: VIRTUS shall be compensated for their consulting services pursuant to and specified in attached Exhibit "A." For the purposes of contact for compliance with this Agreement VIRTUS may deal exclusively with: Mayor Tammy DeWeerd CITY of Meridian 33 E. Broadway Meridian, ID 83642 At the Mayor's discretion all information maybe simultaneously transmitted to the Mayor's staff. 6. Reporting: VIRTUS agrees to prepare and furnish a monthly activity report for payment of services by the CITY. The report shall consist of information that can be disseminated to the public and show the progress towards each of the five (5) primary areas described in paragraph 1. The first report shall be due at the end of October, 2008 and at the end of each subsequent month thereafter. VIRTUS further agrees to meet, at a minimum of, every other week with the Mayor to discuss progress and activities performed. In general the status report for this meeting will include details regarding: contacts made; inquiries regarding -new or expanding business, fielding of the original call, number of calls to collect information, materiaUpacket sent, follow-up on status, etc. VIRTUS further agrees to provide a quarterly summary presentation to the City Council in a public meeting of progress and accomplishments related to the fulfillment of the terms of this Agreement. 7. Compensation: VIRTUS will receive a retainer of $7650.00 per calendar month for all services within the Scope of Services and accompanying attachments and incorporated herein by reference. If expectations are not being met by either party then the parties may Meet and Confer as contemplated by this Agreement. VIRTUS shall be responsible to provide an accounting of services provided on a monthly basis as described in paragraph 6. VIRTUS will be paid monthly. If this ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC - PnGE 4 of 10 • Agreement is entered into or terminated within a calendar month VIRTUS shall be entitled to a pro-rated portion of payment for that month. It is contemplated by the parties that VIRTUS may incur necessary expenses in the performance of their duties under the terms of this agreement. It is agreed upon by the parties that such day-to-day expenses include, but are not limited to, office supplies, general copying, and postage, business related types of expenses are included in the monthly retainer. The CITY will reimburse for previously authorized color copying and mailing of marketing materials. The CITY may also consider reimbursement for extraordinary expenses. This shall include but is not limited to large scale copying for mass mailings, development and printing of new marketing materials, conducting large scale seminars or workshops, travel outside of Ada or Canyon County for activities of such magnitude that they could not have been included in this Scope, but further the Economic Development intent of this Agreement. Any such request'for reimbursement of extraordinary expenses, including but not limited to travel outside of Ada or Canyon County, and the associated registrations, fees, or costs of attending seminars, institutes, or conferences shall be brought separately for consideration before the City Council for specific authorization prior to incurring the expense. All appropriate receipts must be provided for reimbursement after approval. 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 ATTN: MAYOR'S OFFICE VIRTUS 2043 E. Redwick Meridian, Idaho 83642 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as maybe granted, to court costs and reasonable attorneys' fees as ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC -PAGE 5 OF 10 • • determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that VIRTUS shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Services required herein, VIRTUS shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of VIRTUS'S records with respect to all matters covered by this Agreement. VIlZTUS shall permit the CITY to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement that are property of the CITY. VIRTUS does use material prepared and copyrighted for their use in furtherance of this Agreement and contain proprietary information that derives separate individual economic value to VIRTUS. Those documents may not be reproduced without the express written consent of VIRTUS. Documents that are restricted by this condition must be clearly marked and identified by VIRTUS to claim this exclusion. Said proprietary materials shall remain the property of VIRTUS and utilization of such proprietary materials by the CITY ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC -PAGE 6 of 10 outside of this Agreement or ongoing beyond the term of this Agreement would require a separate licensing agreement to be entered into by the parties. 16. Compliance with Laws: In performing the scope of services required hereunder, VIRTUS shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of VIRTUS'S compensation, which are mutually agreed upon by and between the CITY and VIRTUS, shall be incorporated in written amendments to this Agreement. 18. Renewal: No less than one hundred and twenty (120) days prior to the end of this Agreement VIRTUS may notify the CITY of their desire to enter into a new agreement with the CITY. Failing to do so is not a bar to a new agreement, but maybe considered by the CITY in their decision. The CITY may request information regarding any requested changes to the proposed Agreement upon renewal including but not limited to Scope of Work and Compensation. The Notice of desire to enter into a new agreement and the CTTY's request for information regarding changes to the agreement does not bind either party to a final agreement. It is contemplated by both parties to this Agreement that the intent of the Notice and Request are merely for exploratory purposes and both parties will have to enter into formal negotiations and consensus prior to the entering into a new Agreement. 19. Termination: For Cause: If, through any cause, VIRTUS, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, the CITY may immediately terminate this agreement with notice to VIRTUS. An accounting pursuant to this agreement can then occur to assure that proper payments or credits are accomplished. Without Cause: If the Mayor and the City Council determine that ternunation of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to VIlZTUS of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. The City Council may also ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC -PAGE 7 OF 1 O unanimously, without the consent of the Mayor, terminate this agreement without cause subject these provisions. VIRTUS may also terminate this agreement at any time by giving at least thirty (30) days notice to CITY. If the termination is within a calendar month the period of time shall extend to the end of the month beyond the thirty days. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by VIlZTUS under this Agreement shall, at the option of the CITY, become its property, and VIRTUS shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. This shall include apro-rated portion of the contract to the end of the termination period. Notwithstanding the above, VIRTUS shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by VIRTUS, and the CITY may withhold any payments to VIltTUS for the purposes of set-off until such time as the exact amount of damages due the CITY from VIRTUS is determined. This provision shall survive the termination of this agreement and shall not relieve VIRTUS of its liability to the CITY for damages. 20. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. The CITY may contract with VIRTUS to perform other functions not included in the Scope of Services of this Agreement. Any such contemporaneous agreements shall also be in writing and maybe substantially similar to this Agreement. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the CITY of Meridian. 23. Meet and Confer: The parties to the Agreement hereby agree to meet and confer regarding any disputes that may arise in the course of this Agreement and to seek consensus. This provision shall not apply if the CITY wishes to terminate this Agreement for cause. If consensus cannot be reached then the parties have not ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC -PAGE 8 OF 10 • • waived any available remedies available by law or this Agreement, up to and including termination of this Agreement. 24. Approval Required: This Agreement shall not become binding until signed by VIRTUS, approved by the City Council, signed by the Mayor and attested bythe City Clerk of Meridian. The parties agree that the effective date of this Agreement shall be from October 1, 2008. Dated this ~~day of ~~r2 , 200 VIRTUS Enterprises, LLC er, Sr. Dated this ~5 day of ~®~~ ~ , 200 CITY OF MERIDIAN MAYOR .y T~ C,~ CC~~i~ _ ~~AL ~~~ ~~o~ ` X09 ~T ~s~ • .r® ~: .~ .~ ,,,, fltd'TY , ~~~• ~~rr'rrrri n ~f~~tt~~~ ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC - PnGE 9 of 10 Dated this day of , 200 ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC -PAGE 1 O OF 1 O Attest: l.J SCOPE OF SERVICES Exhibit"A" Economic Excellence Mission The City of Meridian's mission is to be a premier place to live, work, and raise a family. We are committed to strategic execution for "Economic Excellence" in order to fulfill and sustain this mission by being recognized as a community that is: "Built for Business.....Designed for Living." Vision Our focus is on transforming Meridian into a 21st Century City positioned to support existing, emerging, and new businesses. We are positioning our economic landscape in 2008 to maximize business opportunities while providing an environment conducive to attracting and retaining a motivated workforce. Page 1 of 4 r~ r~ u Directed Strategic. Goals for Economic Excellence - 2009 To gain balance between primary (value-added) and secondary employers and industry sectors Focus Area Business Enterprise Corridors/Development Engagements with Existing & Emerging Meridian Businesses Positioning for Sustainable Economic Base ~ Target Marketing to Attract Value-Added Business ~k Tracking Data/Information Targeted Time Commitment 40% 20% 10% 20% 10% We envision our community enhanced with technology rich and diversified industries which have above average wage jobs. Meridian's focus on these strategic goals and activities will be instrumental in Meridian's evolution over the next ten years. Meridian's ongoing Economic Excellence will grow and prosper through: 1. Diversified and targeted business/industry growth (value added jobs in Meridian) 2. Infrastructure planning, strategic resource planning, and necessary execution 3. A continued commitment to a high quality of life 4. Expansion of an educated workforce 5. Commitment to the public safety and welfare of the citizens Meridian's vision as a city thaf is "Built for Business and Designed for Living" is real and ongoing. Page 2 of 4 r~ ~~ r~ u Business Enterprise Corridors Strategies: - Develop, coordinate, and implement marketing plans with stakeholders - Active targeted recruitment execution - Marketing plan/materials development and enhancement - Ongoing clarification and definition of focused industry clusters relative to corridor development - Assist with working on infrastructure needs to support corridors - Enhanced communication, collaboration, and messaging - Participation, engagements, and presentations to utell the BEC's story for Meridian" Engagement with Existing and Emerging Meridian Businesses Strategies: - Facilitate and engage meetings with Meridian businesses - Engage participation from Meridian businesses in Economic Excellence efforts - Research and identify related resources for supporting Economic Excellence - Plan ongoing Economic Excellence meetings with Meridian businesses - Participate in supporting group activities (Chamber, BVEP, etc) - Emerging business center opportunity Positioning for Sustainable Economic Base Working hard to distinguish Meridian as the City to live, work, and play Strategies: - Promote and tell the story of Meridian's Economic Excellence commitment - Coordination with Chamber, State, various other agencies, and colleges on outlined plan for enhancing workforce training - Quarterly communication to appropriate parties to secure ongoing support - Work with Building and Planning Departments to facilitate quality service and coordination of activities to customers & efficient processes - Engage and maintain relationships with community partnerships - Work as a liaison, catalyst, and relationship builder as needed for identified value projects - Workforce and professional development focus and action plans - Coordinator/Communication with necessary departments reference Quality of Life awareness (Parks and Recreation, Police/Fire) ' Page 3 of 4 r1 n U Target Marketing to Attract New Value- Added Business Strategies: - Participate in identified State and Boise Valley economic development groups/committees - Leverage opportunities for joint promotion and coordination with all stakeholders - Working with BVEP to maximize relationship - Coordinated and joint marketing efforts with existing businesses - Establish targeted marketing plan to regional markets - Concise package responses and reference sources to present to potential contacts and leads (customized as needed) Tracking Data/Information Strategies: - Routine updates and collaboration with the Mayor - Maintain a current and updated list of activities on value projects - Continued enhancement of effective and professional Economic Development Website - Track why businesses are choosing, or not choosing, Meridian or Idaho - Statistical database of information maintained (develop best source of data available for new jobs and businesses in Meridian) - Research with State and Chamber ability to develop on inventory database of businesses - Bi-annual updates to City Council A performance accountability work plan for 2009 will be approved by the Mayor with general functional responsibilities and targeted goals/objectives with metrics for appropriate focus areas. Page 4 of 4 November 21, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT Planning Department ITEM NO. 6-8-1 REQUEST Budget Amendment for Valley Regional Transit for $8,402.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Emailed: Phone: JIUII IfIIIIUIJ: Materials presented at public meetings shall become property of the City of Meridian. -+van ~= ~ c m~v~ ~. ~ <-mi"' eo a m ~ 70 v 3z m 1 ~~ I ~ •~ v =~ ~ ~ ,~0 ~' '9 ~' ~ '' O ,''~~~~~lir rnnnnti'~~ ~~ ~ 0 N e ~~'~ 2 ~ ~ M1j N..N f T "" ~ ~ ~. ~ ~z'~2-~~i' NNNN NNiNN ~ ~ ~ ~ ~ ~~ ~ ~ 0 0 p O u p. ~":O 'O --'~ W~ui~w -' CR~o1 OO' 0 0 0 0 OOOOOO~OC • i ~.' 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W to > cUW ° EZ ~o~l,_a~wz 0 rn rOeT~NMa W O r O N N N N a M N M 0 0 0 0 r ~ ~ N N N N J d' et of d' 'Q e1' ~ Q m m c m l6 v C w m m a 3 U C m 7 r's- o m a_ O ~ m o E ~ N ~ a `~ o ~ O. :D ar"y- ~ m ~' 0 O m C7 Q W V,'n V, -~ '~ a 1= 16 0 N ~~~~1 ~ V ~ c 0 •~ ti Rf •~ m O .'- c ~I c m A N O C tR to b v C N Q m C G `n - rn c ~ m Xa ~ >k ~ F a o V ~ J ~ 0 ```\\\\\1Uilllril/JjJJ'r ~ t \~~ r~r ~ ~ ~~-~ w Ali _. V JhlrrrUn C ~ C m C c _ ___ ~ o ~ O. Q ~U m c 0 U ~' ~ O b ` ~' o ; ~ 0 V ~C G ~ w r ,~ ~ Z 0 ~ Q O ~ o s a ~` a c a V ',. 0 o Q o ~ ~ c n ~ @ c ~ ~ ~ v lL C w .Q O ~ o o U ~ ~ ~ T~ m ~ m ~ .O- ~ m _ ~~ o~•~ Q w ~ V m m E m ~ c E-o~ •~ 'O m •~ U oQa~~~ O ~ N m o _- c n a`i n ~ m m ca ~~- 0 v TS 0 ~ ~ ~ ~ ~~ ~~ c 8 ~ a ~LL •~ H E m N a •~ W v ` Q cmn °' U U Page 1 of 1 Todd Lavoie __ _ From: Peter Friedman Sent: Thursday, November 06, 2008 2:32 PM To: Todd Lavoie Subject: FW: Item 8E1 on 11/5 Agenda FYI Pete From: Jaycee Holman Sent: Thursday, November 06, 2008 1:40 PM To: Peter Friedman Subject: RE: Item 8E1 on 11/5 Agenda ~ Monthly I City Cierk City of Meridian From: Peter Friedman Sent: Thursday, November 06, 2008 8:13 AM To: Jaycee Holman Subject: RE: Item 8E1 on 11/5 Agenda Thanks Jaycee! Did you write down the motion? I don't recall if they wanted to pay it all at once or monthly. Pete From: Jaycee Holman Sent: Wednesday, November 05, 2008 7:57 PM To: Stacy Kilchenmann; Peter Friedman Subject: Item 8E1 on 11/5 Agenda Pete F. from Planning will be getting with you on the Budget Amendment for this item and will bring back for Consent Agenda next week. E. Planning Department 1. Local Match for Increasing Time Capacity on Intercounty Service with Valley Regional Transit: ^l 1/7/2008. • • CITY COUNCIL SPECIAL MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Wednesday, November 5, 2008 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll-call Attendance: X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Russ McCrea with Living Grace Community Fellowship: 4. Adoption of the Agenda: Approve 5. Proclamation for National Hospice Month: Approve 6. Proclamation for Idaho Nonurofit Week: Approve 7. Consent Agenda: A. Approve Minutes of October 7, 2008 City Council Regular Meeting: Approve B. Resolution No. 08-630 CARE to Share Resolution: Approve C. Resolution No. 08-631 CPA 08-010 Request for a Comprehensive Plan Text Amendment to revise the Street Sections Map of the Ten Mile Interchange Specific Area Plan for Ten Mile Area Map Revision by City of Meridian Planning Department - Meridian City Council Special Meeting Agenda -November 5, 2008 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Black Cat Road from the railroad tracks to I-84; Franklin Road between McDermott Road and Linder Road; Ten Mile Road between the railroad tracks and Franklin Road and Ten Mile Road from I-84 to Overland Road -all within the Ten Mile Interchange Specific Area: Approve D. Sanitary Sewer and Water Easement Agreements for Nola Vacation by ZWJ Properties, LLC: Request to Vacate from Agenda and Move to November 18, 2008 Agenda E. Approve Addition of Forsaren Associates, Inc. to Roster of Qualified Consultants for Engineering Services: Approve F. Water Main Easement Agreement for Meridian Storage Condos by MSSB Enterprises,. LLC:_ _Approve G. Change Order No 7 for WWTP Expansion Project with JC Constructors, Inc. for $137,039.91: Approve 8. Department Reports: A. Legal Department -Bill Nary: 1. Tabled from October 14, 2008: Recommendation from SWAC for Community Recycle Fund to The Idaho Foodbank for $19,500.00: Vacate to November 18, 2008 Meeting B. Police Department / HR Department: 1. Discussion of Budget Amendment Regarding Specialty Pay for Police Officers: Approve Budget Amendment C. Finance Department: 1. Budget Amendment for CDBG Grant FY08 Carry forward for $179,647.00: Approve 2. Budget Amendment for Latecomers Expense and Revenue Budget for $500,000.00: Approve 3. Budget Amendment for MDC Tree Contribution for ($20,000.00): Approve Meridian City Council Special Meeting Agenda -November 5, 2008 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • 4. Budget Amendment for Senior Center Grant for $16,908.00: Approve D. Purchasing Department (Approve Multiple Budgeted Contract Amendments for the New City Hall Building for Not to Exceed Amounts Listed Below for a Total Amount of $128,530.00: 1. Sidewalks, LLC Budgeted Contract Amendment No 5 for $3,800.00 (Owner Initiated and Architect Changes): Approve 2. Suncoast dba B&B Steel Budgeted Contract Amendment No. 4 for $2,685.00 (Architect Initiated Change): Approve 3. Cobblestone Construction Budgeted Contract Amendment No. 1 for $9,668.00 (Owner Initiated and Architect Requested Change): Approve 4. Buss Mechanical Budgeted Contract Amendment No 3 for $10,068.00 (Owner Requested /Architect Initiated / Utility Company Initiated Changes: Approve 5. Designer Floors Budgeted Contract Amendment No 2 for $4,061.00 (Owner Requested Change and Architect Initiated Changes: Approve 6. Tri-State Electric Budgeted Contract Amendment No 4 for $25,671.00 (Owner Requested and Architect /Design Initiated Changes: Approve 7. Tri-State Electric Budgeted Contract Amendment No 1 (Plaza) for $54,311.00 (Architect /Design and Owner Initiated Changes): Approve 8. SBI Budgeted Contract Amendment No 4 for $1,285.00 Payment Drop Box (Owner Initiated Change): Approve 9. Axelsen Concrete Budgeted Contract Amendment No 2 for $8,897.00 (Architect /Design and Owner Initiated Changes): Approve 10. Commercial Painting Budgeted Contract Amendment No. 4 for $2,780.00 (Architect / Design/ Contractor Initiated Changes); Approve Meridian City Council Special Meeting Agenda -November 5, 2008 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ! • _:,~:: E. Planning Department: 1. Local Match for Increasing Time Capacity on Intercounty Service with Valley Regional Transit: Move that we Provide Match Spread Out in a Monthly Basis Not to Exceed $8,402.00 for entire Year 9. Award Presen~at>IO~_=_fol~ ZQ~~ -%r_onment-- a#- WaKlc - f~--Crucial Technology & Meridian Academy by SWAC: Presented ___ - _-__-70._. ...Items Movesl_Fr_omConsentAg_enda: _None -_ __ _ -_ 11. Presentation on SSC Collection Rate Services by Steve Sedlacek: Move to December Workshop 12. Tabled from October 28, 2008: MFP 08-006 Request to phase the perimeter and common space fencing approved with the final plat landscaping plan for Hacienda Subdivision (FP 05-031) by •Jayo Construction -east side of Meridian Road, approximately a quarter mile south of East Chinden Boulevard: Approve 13. Continued Public Hearing from September 23, 2008: CPA 08-003 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation from Medium Density Residential to Mixed Use-Community for approximately 94 acres for Volterra Commercial by Primeland Investment Group, LLC -west of North Ten Mile Road and north of West McMillan Road: Continue Public Hearing to November 25, 2008 Meeting 14. Public Hearing: RZ 08-004 Request for Rezone of 93.64 acres from L-O (Limited Office) and R-4 (Medium Low-Density Residential) to C-G (General Retail and Service Commercial) (25.10 acres), L-O (Limited Office) (10.70 acres), C-C (Community Business) (37.84 acres) and R-15 (Medium-High Density Residential) (20 acres) zones for Volterra Mixed Use by Primeland Development Company, LLP -west of North Ten Mile Road and north of West McMillan Road: Continue Public Hearing to November 25, 2008 Meeting 15. Water /Sewer Rate Update: Notice Increases u~ to 5% for November 25, 2008 Meeting. Resolution at November 25 Meeting, December 5th and December 20th Meridian City Council Special Meeting Agenda -November 5, 2008 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 16. Executive Session per Idaho State Code 67-2345(1)(a) - (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office): Adjourn at 9:42 PM Meridian City Council Special Meeting Agenda -November 5, 2008 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • November 21,2008 Department Reports MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT Police Department ITEM NO. 6-C-1 REQUEST Budget Amendment for Community Services Coordinator for the Drug Free Communities Grant for $3,950.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached ~~~o~. Date: Phone: _ Staff Initials: Materials presented at public meeflngs shall become property of the City of Meridian. • November 21, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT Purchasing Department ITEM NO. 6-~-~ REQUEST AATronics Budgeted Contract Amendment No. 3 for $3,018.00 (Owner Initiated & Architect Changes) 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 Clty of Meridian. ~_ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT ~C t1-25 ~fr ~.r~c`i r i ln.l~- BUDGETED CONTRACT AMENDMENT N0.03 PROJECT NO. CH-06-001 DATE: 10/23/08 EFFECTIVE DATE: CONTRACTOR: AA Tronlcs PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per Mlac. Additior~ ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed Additions Attachments: Change Items description, dated 7/18/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $204,378.72 Original Contract Times: Substantial Completion 8!28/08 Net changes form previous Budgeted Contrail Amendment: Net changes form previous Budgeted Contract Amendment; No. 01 to 02 No._ to _ (calendar days) $5,135.86 None Contract Prime Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: (calendar days or date) $209,514.58 8!28/2008 Net Increase (~eerease) of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (calendar days or date) $3,018.00 None Contract Price with all Approved Budgeted Contrail Contract Times with all Approved Budgeted Contrast Amendment: Amendment: (calendar days) $212,532.58 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION E ACCEPTED: (CONTRACTOR) ~,, - Petra Inc. AA Tropics /~ By: Thomas R. Coughlin ~ ~ By: Debbie Knippert ~~I, Date: a 2t` D Date. ~ ~ APPROVED: (cnY PuRCIiASI AGE G COUNCIL APPROVAL v Keith Watts O D t ,'~iy ~~~. ~~ Date: ~ // a ~ ~ ~~ ' APPROVED: (C ATTEST: ~ S~!>-J.~ By: Mayor Tammy de Weerd By: City Clerk, Jaycee olma r ~ Date: Date: - 3 - r7~ ~ ~p~ ~r ~s-~ ~ P.~ee``. .,,~ <<~ Ct~~~~ - J ,~~1 X11-r 1 {~y~~CC`ti~i1~L~l~ I-~~ • ~'v G ~ ~' Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green, Stacy Kilchenmann, Gene Bennett Date: 11 /19/08 Re: November 25 City Council Meeting Agenda Item laI ~~ I ne Purchasing Department respectfully requests that the following item be placed on the November 25, 2008 City Council Agenda Department Reports for Council's consideration. Multiple Budgeted Contract Amendments for the New City Hall Building AAtronics -Budgeted Contract Amendment No. 3 - $3,018.00 -Owner Initiated and Architect Changes American Walkover -Budgeted Contract Amendment No 5 - $528.00 -Owner Initiated Change Architectural Building Supply -Budgeted Contract Amendment No. 6 - $1,603.00 -Owner Initiated and Architect Requested change Advanced Sian -Budgeted Contract Amendment No. 1 - $4,542.00 -Owner Requested Changes Axelsen Concrete - Budgeted Contract Amendment No 1 - $12,298.00 - Contractor/Architect/Owner Initiated Changes Buss Mechanical -Budgeted Contract Amendment No. 5 - $5,855.00 - Architect/Design and Owner Initiated Changes Cobblestone Construction - Budgeted Contract Amendment No 2 - $2,175.00 - Architect/Design/Owner Initiated Changes. Commercial Painting -Budgeted Contract Amendment No. 2 - $1,100.00 -Architect Initiated Changes Paige Mechanical Group -Budgeted Contract Amendment No. 1 - $2,132.00 -Owner Requested and Architect/Design Initiated Changes. SBI -Budgeted Contract Amendment No. 5 - x,700.00 -Owner Initiated Changes Seal Co -Budgeted Contract Amendment #4 - X418.00 -Architect/DesigNContractor Initiated Changes. TTE-Preconn -Budgeted Contract Amendment #4 - $263.00 - Architect/DesigNContractor Initiated Changes. Recommended Council Action: Approve Multiple Change Orders for additional work for aNot-To-F~cceed amounts listed above for a total amount of $8,632,®®and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT N0.03 PROJECT NO. CH-06-001 DATE: 10/23/08 EFFECTIVE DATE: CONTRACTOR: AA Tronics PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per Misc. Additions ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed Additions Attachments: Change Items description, dated 7/18/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $204,378.72 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 01 to 02 No._ to _ (calendar days) $5,135.86 None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: (calendar days or date) $209,514.58 a/28/loos Net Increase () of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (calendar days or date) $3,018.00 None Contract Price with all Approved Budgeted Contract Contract Times with all Approved Budgeted Contract Amendment: Amendment: (calendar days) $212,532.58 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION E ACCEPTED: (CONTRACTOR) ~, Petra Inc. AA Tronics By: Thomas R. Coughlin By: Debbie Knippert ~~~~ Date: ~ ~~ ~~ Date: ~ ~ APPROVED: (CITY PURCHASI AGENT) ~ ~ / COUNCIL APPROVAL G/(/ ` By: Keith Watts Date: I /j l ~ ~ ~~ ` Date: APPROVED:- (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: ~/op'a~'~.ed ~-- 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: Misc. Change Order Items- Ph III DATE: 10/7/2008 PROTECT: Meridian City Hall 7OB: 060675 TO: Attn: Debbie Knippert CONTRACT N AATronics D ~ ~ ~ U f~ 10 N Liberty St. u L5 Boise, ID 83704 ~~v ®`~ Zo~~ Phone:208-343-0900 Fax: 208-344-9087 ®, RE: To: From: Number: DESCRIPTION OF CHANGE **All taxes are included in costs** Tax Tax Net Item Description Quantity Units Unit Price Rate Amount Amount 00001 Add Stenographers Location. Add cable, plate and connector to location in City 1.000 LS $673.00 0.00% $0.00 $673.00 Council Chambers, desk staff location on the right side as directed. AATronics quote 9/14/08 00002 Council Chamber Monitor.Additions. Add cabling & mounting hardware to 1.000 LS $2,345.00 0.00% $0.00 $2,345.00 mount to 32" monitor to the rear of the existing 60" ceiling mounted monitors at two locations. AATronics quote 9/25/08 Unit Cost: $3,018.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0 00 Total: $3,018.00 The Original Contract Sum was ....................................................... Net Change by Previously Authorized Requests and Changes ...... .......................................... ...................................... . $204,378.72 $5 135 86 The Contract Sum Prior to This Change Order was . .. , . ............ The Contract Sum Will be Increased .......................................... $209,514.58 ................... ...................... The New Contract Sum Including This Change Order .......................................... $3,018.00 ............ The Contract Time Will Not Be Changed ................................... .......................................... $212,532.58 .... The Date of Substantial Completion as of this Change Order Ther f ................ ~ ......................... i e s f~ ore ACCEPTED: AATro c B ~- y Debbie nippert Date: r .~ /_. ~ /_~a Expedition ~-;~~-..Q;..n- sy: i Date: ~ By: Date: ~. ~ - "L'Z ° 0'~ • MERIDIAN CITY HALL PROJECT NO: CH-06-001 AATRONIC, INC -Phase 3 (37) CHANGE ORDER NO 3 07/18/08 CHANGE ORDER ITEMS 1 -- -- Add Stenographers Location. 673.00 Add cable, plate and connector to location in City Council Chambers, desk staff location on the right side as directed.Aatronics quote 9/14/08 2 Council Chamber Monitor Additions. 2,345.00 Add cabling & mounting hardware to mount to 32" monitor to the rear of the existing 60" ceiling mounted monitors at two locations. Aatronics quote 9/25/08 3,018.00 November 21, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT Purchasing Department ITEM NO. 6-D-2 REQUEST American Wallcover Budgeted Contract Amendment No. 6 for $528 (Owner Initiated Changes) AGENCY COMMENTS CITY CLERK: See a#tached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • Department Reports November 25, 2008 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT 10-25-pg BUDGETED CONTRACT AMENDMENT N0.05 PROJECT NO. CH-Q$-001 DATE: 11/6/08 EFFECTIVE DATE: CONTRACTOR: American Wallcover PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans. DescripSon: Incorporate revisions per ASI#'143- Access Door @ Roof Parapet ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendmerrt: Additional scope or revisions per listed ASI Attachments: Change Items description, dated 111/24/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $1,038,550. Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contrail Amendment: No. 01 to 04 No._ to _ (calendar days) $24,610.00 None Contract Price Prior to this Budgeted Contract Amendment: ConVail Times prior to this Budgeted Contract Amendment: (calendar days or date) $1, 063,160.00 gn8/2008 Net Increase (decrease) of this Budgeted Contract Amendment: Net Increase (derreasej of this Budgeted Contract Amendment: (r,~lendar days or date) $528.00 None Contract Price writh all Approved Budgeted Contract Contract Times with all Approved Budgeted Contract Amendment: Amendment: (calendar days) $1,063,6$8.00 Substantial Completion 8128/2008 RECOMMENDED: (CONSTRUCTION NIANA ACCEPTED: (CONTRACTOR) Petra Inc. American Wallcover B :Thomas R. Cou hlin y 9 ~ By:Randy Pierce Date: ~~ ~~ ~ // / APPROVED: (CITY URC SIN G COUNCIL APPROVA By: Kekh Watts 1 ` .. 2 s . (~$~u~urNr~~ ' ' ` date: /. ~ Q ~~ ~ Date: t`m~ ~~` " ~ ~ '/'~~ ~~~ ~ ~-~ APPROVED: (C~ Ga~ i9.~ ST: ~` ~. ~~~ ~ FO By: Mayor Tammy de Weerd By: City Clerk, Ja a 13olma a~t = is L Date: - Date: I'2.-3 - OS ~' .- 1 :~ yO T 1St ~ ~ `y,., ,,~~~'',9COUNTY ' `~~~t`~~, • ~..a~ti{ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT V BUDGETED CONTRACT AMENDMENT NO.OS PROJECT NO. CH-06-001 DATE: 11 /6/08 EFFECTIVE DATE: CONTRACTOR: American Wallcover PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI#143- Access Door @ Roof Parapet ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI Attachments: Change Items description, dated 10/24/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $1,038,550. Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 01 to 04 No._ to _ (calendar days) $24,610.00 None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: (calendar days or date) $1, 063,160.00 s/zs/2oo8 Net Increase (decrease) of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (calendar days or date) $528.00 None Contract Price with all Approved Budgeted Contract Contract Times with all Approved Budgeted Contract Amendment: Amendment: (calendar days) $1,063,688.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION MANA ACCEPTED: (CONTRACTOR) Petra Inc. American Wallcover - ~ By: Thomas R. Coughlin ~. gy~y-p~~ce ~ Date: ~® ®°'7~ ~~ ate: - ~® APPROVED: (CITY URCH SIN G T) COUNCIL APPROVA By: Keith Watts Date: /~ Z ~ ~~ ~ ( Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: ~~~ CHAN No O OOOR 323-4544 Nov ~ ~ Zoos Bt~IREE i~AHO ~ ~ 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI#143 Access Door @ Roof Parapet DATE: 10/24/2008 PR07ECT: Meridian City Hall ]OB: 060675 TO: Attn: Randy Pierce CONTRACT NO: 24 American Wallcover 2685 E. Lanark St. Meridian, ID 83642 Phone:208-887-1062 Fax:208-887-1129 RE: To: From: Number: DESCRIPTION OF CHANGE **All taxes are included in costs** Tax Tax Net Item Description Quantity Units Unit Price iZate Amount Amount 00001 ASI#143 Access Door at Roof Parapet (COR#47)-Install access door & build 1.000 LS $528.00 0.00% $0.00 $528.00 platform in parapet for access to signage components. AWC DFA 10/23/08. City request Unit Cost: $528.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $528.00 The Original Contract Sum was ................................................................................................. $1,038,550.00 Net Change by Previously Authorized Requests and Changes ................................................ $24,610.00 The Contract Sum Prior to This Change Order was ...................................................... $1,063,160.00 The Contract Sum Will be Increased ................................................................................... $528.00 The New Contract Sum Including This Change Order ...................................................... $1,063,688.00 The Contract Time Will Not Be Changed ................................................................................. The Date of Substantial Completion as of this Change Order Therefore is ...~,f ........................ ACCEPTED: Ame~earr~V"all ov r ~ Petra Incorporate LEA Arch ~itects, P BY~ ~ BY~ By: ~ Ra dy Pierce Tom ughli Steve Christensen Date: ,'l ~ ~~~b ~ Date: ~< ~ ~/ ~ Date: T rrtb~ o~ Expedition ® ` • MERIDIAN CITY HALL PROJECT NO: CH-06-001 AMERICAN WALLCOVERING -Phase 3 (24) CHANGE ORDER NO 5 10/24/08 CHANGE ORDER ITEMS 1 ASI 143 Access Door at Roof Parapet (COR#47) 528.00 Install access door & build platform in parapet for access to signage componets. AWC DFA 10/23/08. City Request 528.00 Page 1 of 1 i • November 21, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT Purchasing Department ITEM NO. 6-D-3 REQUEST Architectural Building Supply Budgeted Contract Amendment No. 6 for $1,603.00 (Owner Initiated & Architect Requested Change) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT ~ cc s ~- z~ ~a~ c~ ~.-~-~ BUDGETED CONTRACT AMENDMENT N0.06 PROJECT NO. CH-06-001 DATE: 10/23/08 EFFECTIVE DATE: CONTRACTOR: ABS PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI;~'134 8 ASId143 per City of Meridian request ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI's Attachments: Change Items descripl3on, dated 1016/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $277,230.00 Original Contract Times: Substantial Completion 8128108 Net changes form previous Budgeted Contrail Amendment: Net changes form previous Budgeted Contrail Amendment: No. 01 to 05 No._ to _ (calendar days) $26, 078.00 None Contract Price Prior to this Budgeted Contrail Amendment: Contrail Times prior to this Budgeted Contrail Amendment: (calendar days ar date) $303, 308.00 BrLanoos Net Increase (decrease) of this Budgeted Contrail Amendment: Net Increase (decrease] of this Budgeted Contrail Amendment: (calendar days or date) $1,603.00 None Contrail Price with all Approved Budgeted Contrail Contrail Times with all Approved Budgeted Contrail Amendment: Amendment $304,911.00 {calendar days) Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRt1CT10N MA R) ACCEPTED: (CONTRACTOR) Petra Inc. By: Thomas R. Coughlin Architectural Buil in ly B : Stewart Jen ~"`~^- Date: ~D ~~- O y sen Date: ~ •-~&^p ~` APPROVED: (CITY PURCHASI~ ENT) COUNCIL APPROVAL `\``~~~A~ ~~=r~~~i V~~ By: Keith Watts `` ''/' v11/~ '~' ~ ~.. ^~ ~ TA !- Date: /~.~ /' ~ ~ [ ~ O ~ Date: ~ D _ APPROVED: (CnY) - ATTEST: _ ~j B : Ma or Tamm de Weerd Ld~~~ y y y ~ By: City Clerk, Jay H~ols ~ ~' ~ g~ ~ ~ Date: .,' r 1 Date: ('Z'~ Q" ~~` ~~ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT • BUDGETED CONTRACT AMENDMENT NO.06 PROJECT NO. CH-06-001 DATE: 10/23/08 EFFECTIVE DATE: CONTRACTOR: ABS PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor.is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI#134 $ASI#143 per City of Meridian request ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI's Attachments: Change Items description, dated 10/6/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $277,230.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 01 to 05 No._ to _ (glendar days) $26, 078.00 None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: (calendar days or date) $303,308.00 8/28/2008 Net Increase (decrease) of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (calendar days or date) $1,603.00 None Contract Price with all Approved Budgeted Contract Contract Times with all Approved Budgeted Contract Amendment: Amendment: $304,911.00 (calendar days) Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION MA R) ACCEPTED: (CONTRACTOR) Petra Inc. By: Thomas R. Coughlin Architectural Buildin ly B : Stewart J Date: ~ --~G> y ensen D t ~ ' ~ ~~ d ® a e: •- ~ -tl APPROVED: (CITY PURCHASING, ENT) ~ / % COUNCIL APPROVAL / / B :Keith Watts ! G ~ ~~ Y Date: ~1... / ~ ~ ~ ~ r Date: APPROVED: (CITI') - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: c~a~,~ CHANGE ORDER D ~~~ N_o. 00006 --- - p~G~~dC~ 323-4500 $oI5E, IDAHO OCT 3 0 2008 RCE-1875 ,~, CONTRACTORS 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI#s 134 & 143- Phase III DATE: 10/6/2008 PROJECT: Meridian City Hall JOB: 060675 TO: Attn: Stewart Jensen CONTRACT NO: 22 Architectural Building Supply 960 E. Franklin Rd. Meridian, ID 83642 Phone:208-884-8917 Fax:208-884-5641 RE: To: From: Number: DESCRIPTION OF CHANGE **All taxes are included in costs** Tax Tax Net Item Description Quantity Units Unit Price Rate Amount Amount 00001 ASI#134 Card Reader & Buzzer on Dr#349 (COR#20)- Prep frame & door for 1.000 LS $1,281.00 0.00% $0.00 $1,281.00 electric lock. Add electric hinge & lock. ABS quote 9/4/08. City Request 00002 ASI#143 Access Door @ Roof Parapet (COR#21)- Furnish 12"x24" exterior 1.000 LS $322.00 0.00% $0.00 $322.00 access door. ABS quote 9/12/08 ~ Unit Cost: $1,603.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $1,603.00 The Original Contract Sum was ................................................................................................. $277,230.00 Net Change by Previously Authorized Requests and Changes ................................................ $26,078.00 The Contract Sum Prior to This Change Order was ...................................................... $303,308.00 The Contract Sum Will be Increased ................................................................................... $1,603.00 The New Contract Sum Including This Change Order ...................................................... $304,911.00 The Contract Time Will Not Be Changed ................................................................................. The Date of Substantial Completion as of this Change Order Therefore ~ .............................. r ACCEPTED: Archite 1 it pply Petra Incorpo sy: iay: Stewart Jensen Date: ~ ~ ~ ~ Date: E..peditfon ~~ ~~ ~~ By A chi e Tom~°ug Steve Christensen ~/Zf?~ f~ Date: ~,d • 22• ~ MERIDIAN CITY HALL • • PROJECT NO: CH-06-001 Architectural Building Supply -Phase 3 (22) 10/06/08 CHANGE ORDER NO 6 CHANGE ORDER ITEMS 1 ASI 134 Card reader & Buzzer on Dr #349 (COR#20) 1,281.00 Prep frame & door for electric lock. Add electric hinge & lock. ABS quote 9/4//08. City Request 2 ASI 143 Access Door @ Roof Parapet (COR#21) Furnish 12" x 24" exterior access door. ABS quote 9/12/08 322.00 1,603.00 Page 1 of 1 i Date: November 21, 2008 pepartment Reports MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT Purchasing Department ITEM NO. 6-~-4 REQUEST Advanced Sign Budgeted Contract Amendment No. 1 for $4,542.00 (Owner Requested Changes) AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: us WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached • Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT . CC ~ d-25~®Sr 9 ~-~-~ BUDGETED CONTRACT AMENDMENT N0.01 PROJECT NO. CH-06-001 DATE: 11/11/08 EFFECTIVE DATE: CONTRACTOR: Advanced Sign PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. D~crlption: Incorporate revisions per ASI#'s 138 S 148 ALL OTHER TERMS ANID CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI's Attachments: Change Items description, dated 1113/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $42,554.29 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 00 to O0 No._ to ,_ (plendar days) None Contrat~ Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: (calendar days ar date) $42,954.29 8/28/2008 Net Increase (deereAee~ of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (calendar days or date) $4,542.00 None Contract Price with all Approved Budgeted Contract Contract Times with aft Approved Budgeted Contract Amendment Amendment: (calendar days) $47,486.29 ~ ubstantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION R) ACCEPTED:. (CONTRACTOR} Petra Inc. dvanced Sign By: Thomas R. Coughltn ~~ By: Jim Nemeth i Date: ~` ~~ ~ Date: fl. r Z APPROVED: (CnY PuR S N A COUNCIL APPROVAL ~ BY: Keith Watts Q~ ```~~uuuuU~~~~~i ,.~`~`y Of 1~EAl~~' '~, ~ I'2~"~tJ' Date: f ~ ~~ ~ ~ ~ ~ ,~ ~ ~ Date: '- ~~' ~~ ~' , , f~ ` T '~ APPROVE (C TY `^ ~ ~ ATTEST: ~ ~ $EAL By: Mayor Tammy de Weer By: City Jerk, Jaycee Holman Date: Date: _ ~ ~ 9 i ~ '''''''~~4i 111 ~ •ra~~s',,~~~^ ~~ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT N0.01 PROJECT NO. CH-06-001 DATE: 11 /11 /08 EFFECTIVE DATE: CONTRACTOR: Advanced Sign PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI#'s 139 8: 148 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI's Attachments: Change Items description, dated 11/3/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $42,954.29 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 00 to 00 No._ to _ (calendar days) None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: (calendar days or date) $42, 954.29 s/28/2ooa Net Increase (dam of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (calendar days or date) $4,542.00 None Contract Price with all Approved Budgeted Contract Contract Times with all Approved Budgeted Contract Amendment: Amendment: (caiendardays) $47,496.29 ubstantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION MA R) ACCEPTED: (CONTRACTOR) Petra Inc. ~ dvanced Sign By: Thomas R. Coughlin ~~ By: Jim Neme th ~ Date: ~~ ~~ ~ / Date: 61 / ~ 4 APPROVED: (CITY PUR S N AG COUNCIL APPROVAL G~~~ ~~~ By: Keith Watts Date: ! ~ / `~ ~ ~ r Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: --'"~^~ ~ II -Ir p~~~~ ~rn ~- i~~~ ------ -- -- --- ---- - 323-4500 BOISE, IDAHO RCE-1875 ~~~~on~ NOV 14 2008 GE ORDER 1 Na. ~~001 GR~awR~-T_ COIVTRACTOR5 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI pricing- Phase III DATE: 11/3/2008 PRO]ECT: Meridian City Hall ]OB: 060675 TO: Attn: ]im Nemeth Advanced Sign 511 W Highland Boise, ID 83706 Phone:208-345-8682 Fax:208-345-0015 RE: To: DESCRIPTION OF CHANGE **All taxes are included in costs** CONTRACT NO: 55 From: Number: Item Description 00001 ASI#139 Interior Sign Relocations & Additions (COR#Ol)- Relocate sign type D in Rm 129 & add three additional sign type D per City request. Advanced Sign quote revised 10/28/08 00002 ASI#148 Interior Sign Package Revisions (COR#02)- Revise signage copy and locations per city request. Advanced Sign quote revised 10/28/08 00003 Furnish 6 metal signs for Basement storage cages per City request. Advanced quote 10/28/08 Tax Tax Net Qaantity Units Unit Price Rate Amount Amount 1.000 LS $866.00 0.00% $0.00 $866.00 1.000 LS $3,303.00 0.00% $0.00 $3,303.00 1.000 LS $373.00 0.00% $0.00 $373.00 Unit Cost: $4,542.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $4,542.00 The Original Contract Sum was ................................................................................................. $42,954.29 Net Change by Previously Authorized Requests and Changes ................................................ $0.00 The Contract Sum Prior to This Change Order was ...................................................... $42,954.29 The Contract Sum Will be Increased ................................................................................... $4,542.00 The New Contract Sum Including This Change Order ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, $47,496.29 The Contract Time Will Not Be Changed ................................................................................. The Date of Substantial Completion as of this Change Order Ther fore is ............................ ACCEP Advanc . n t Petra Incorpora -CAA 6itects, P sy: h~.~.s- By: By: - Jim Nemeth Tom ough teve Christensen Date: ~® ®a,~~3 Date: /y ~ ~~ Date: ~~ v ~~ Expedition MERIDIAN CITY HALL PROJECT NO: CH-06-001 ADVANCED SIGN -Phase 3 (55) CHANGE ORDER NO 1 11 /03/08 CHANGE ORDER ITEMS 1 ASI 139 Interior Sign Relocations & Additions (COR#01) 866.00 Relocate Sign type D in Rm 129 & add three additional sign type D per City request. Advanced Sign quote revised 10/28/08 2 ASI 148 Interior Sign Package Revisions (COR#02) 3,303.00 Revise signage copy and locations per city request Advanced Sign quote revised 10/28/08 Furnish 6 metal signs for Bsmt storage cages per City request. Advanced quote 10/28/08 373.00 4, 542.00 LJ • November 21, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT Purchasing Department ITEM NO. 6-D-5 REQUEST Axelsen Concrete Budgeted Contract Amendment No. 1 for $12,298 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 aflached ~is~y ~~ ~~t~~~ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER ~- ~5 CHANGE ORDER NO. 01 PROJECT NO. CH-06-001 DATE: 08/2/08 EFFECTIVE DATE: CONTRACTOR: AXELSEN CONCRETE CONSTRUCTION PROJECT: MERIDIAN CITY HALL -Phase 4 Plaza & Site Improvement Tha Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisloru; for RFI#132 8 Misc. Work Changes ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order:- Additlortal scope of revisions per listed RFI#132 & Misc. Work Attachments: Change Order Items Description, dated 8J2?l08, with contractor quote CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 296,298.00 Original Contrail Times: Substantial Completion 8/28!08 Net changes form previous Change Orders Net changes form previous Change Orders No. 0 to 0 No._ to _ (calendar days) $0.00 None Contract Prime Prior to this Change Order. Contract Times prior to this Change Order. (calendar days or date) $296,298.00 a~28r2ooe Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) $12,298.00 None Contrail Price with ail Approved Change Orders: Contrail limes with all Approved Change Orders: ender days) $308,596.00 Substantial Campletian 8/28/2008 RECOMMENDED: (CONSTRUCTION ER) ., ACCEPTED: (CONTRACTOR) Petra Inc. Axelsen Concrete Construction - By: Thomas R. Coughlin By: Paul Axels~l/T.~..y ~r(: << Date: 9 ~e ~ ~{ Date: Q `~ -~ APPROVED: (CITY PURC NG A COUNCIL APPROVAL r` `~~,,.,.: ,.,r,,,,~i (~ ^ ~~ v~ ~, ~ `, : Keith Watts ` Of ~` //i D ate: ,~ ~ ~ ///i 7 D ate• ~ ~ ., ~ . t APPROVED: (CI ~~ ~' ATTES ` ,. S~itiy By: Mayor Ta my de Wee By: City Clerk, Jaycee Holman ~ Date: Date: 12~~ D~' 9 1~ Q o~ ~~~ ~~s~y `vim ~~,t ~ s~ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 01 PROJECT NO. CH-06-001 DATE: 09/2/08 EFFECTIVE DATE: CONTRACTOR: AXELSEN CONCRETE CONSTRUCTION PROJECT: MERIDIAN CITY HALL -Phase 4 Plaza & Site Improvement The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions for RFI#132 8~ Misc. Work Changes ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope of revisions per listed RFI#132 8: Misc. Work Attachments: Change Order Items Description, dated 8/22/08, with contractor quote CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 296,298.00 Original Contract Times: Substantial Completion 8/28108 Net changes form previous Change Orders Net changes form previous Change Orders No. 0 to 0 No._ to _ (calendar days) $0.00 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order. (caiendar days or date) $296,298.00 s/28/loos Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (glendar days or date) $12,298.00 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: calendar days) $308,596.00 `• Substantial Completion 8/28!2008 RECOMMENDED: (CONSTRUCTION MA ER) ~ ACCEPTED: (CONTRACTOR) Petra Inc. ~ Axelsen Concrete Construction _ By: Thomas R. Coughlin By: Paul Axelse,~/Te~ •r{% / / ~-"~ Date: ~ ~~ ®~ Date: 4 `~ ,~ C_f~ APPROVED: (CITY PuRC NG A N COUNCIL APPROVAL By: Keith Watts / Date: , / ~ Date: APPROVED: (Cn~ - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: FjloB ~~ 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: ~. ~7~~07`~ TITLE: Misc. Work & RFI Pricing DATE: 8/25/2008 PROJECT: Meridian City Hall JOB: 060675 TO: Attn: Paul Axelsen CONTRACT NO: 48 Axelsen Concrete Construction, LLC 4640 Hemlock Way Nampa, ID 83687 Phone:208-466-5620 Fax: 208-466-7895 RE: To: DESCRIPTION OF CHANGE **All taxes are included in costs** From: item Description 00001 Sand Finish on exterior exposed building walls, $1.45/SF based on approx area 2,400 SF. Axelsen quote 7/28/08 00002 Single side form and pour concrete wall at stream feature waterfall. Axelsen quote 7/28/08 L~'~ ots~ ~,a- cApl~ 00003 Add 14' L x approx 3" thick concrete face to existing columns to cover expose plumbing; to include rebar anchorage, concrete & sand finish. Axelsen quote 8/5/08 00004 Brick Ledge @ Canal Feature- Epoxy dowels, form & pour footing for brick veneer. Axelsen quote 8/8/08 '~Dbe. p~16r1 lSSU~ 00005 Single side form & pour three concrete walls at weirs on the Canal Feature. Axelsen quote 8/8/08 L>:~' of ~ c ~ 00006 RFI#132 Amphitheater Wall Coordination- Add 3" to top of wall next to block, coordination with addendum#1, footing was lower wall had to be extended ($725.00); Add wall at comer by irrigation box ($1385.00); Delete two threads & 2' wall near irrigation box (-$442.00). Axelsen quote 5/22/08 Number: Tax Tax Net Quantity Units Unit Price Rate Amount Amount 1.000 LS $3,475.00 0.00% $0.00 $3,475.00 1.000 LS $855.00 0.00% $0.00 $855.00 1.000 LS $1,895.00 0.00% $0.00 $1,895.00 1.000 LS $1,345.00 0.00% $0.00 $1,345.00 1.000 LS $3,060.00 0.00% $0.00 $3,060.00 1.000 LS $1,668.00 0.00% $0.00 $1,668.00 Unit Cost: $12,298.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: _ $0.00 Total: $12,298.00 The Original Contract Sum was ................................................................................................. $296,200.00 Net Change by Previously Authorized Requests and Changes ................................................ $0.00 The Contract Sum Prior to This Change Order was ...................................................... $296,200.00 The Contract Sum Will be Increased .................................................................................. $12,298.00 The New Contract Sum Including This Change Order ...................................................... $308,498.00 The Contract Time Will Not Be Changed ...................................................,. ......................... .. The Date of Substantial Completion as of this Chance Order Therefore is / :............................. ACCEPTED: Axelsen oncret ~ o •uction, LLC Petra Incorpora LCA Ar ~itects, P By: By: By. _. '~b~- Paul Axelsen T Co m Steve Christensen Date: ~~lo -6~ Date: ~ ~ ~~~ Date: ~ ~Z`ti ~ 0~ Expedition ' ~ • MERIDIAN CITY HALL PROJECT NO: CH-OB-001 AXELSEN CONCRETE 08/22/08 CHANGE ORDER NO 1 CHANGE ORDER ITEMS 1 Sand Finsh on exterior exposed building walls, 3,475.00 $1.45/SF based on approx area 2,400 SF Axelsen quote 7/28 2 Single side form and pour concrete wall at stream 855.00 feature waterfall. Axelsen quote 7!28/08 3 Add 14' L x approx 3" thickconcrete face to existing 1,895.00 columns to cover expose plumbing; to include rebar anchorage, concrete & sand finish. Axelsen quote 8/5/08 4 Brick Ledge @ Canal Feature -Epoxy dowels, form & 1,345.00 pour footing for brick veneer. Axelsen quote 8/8/08 5 Single side form & pour three concrete walls at weirs 3,060.00 on the Canal Feature. Axelsen Concrete quote 8/8/08 6 RFI 132 Ampitheater Wall Coordination - - Add 3" to top of wall next to block, coordination with Addm #1, footing was lower wall had to be extended - Add wall at comer by irrigation box - Delete two threads & 2' wall near irrigation box Axelsen quote 5/22/08 725.00 1,385.00 (442.00) 1,668.00 12,298.00 Page 1 of 1 • • November 21, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT Purchasing Department ITEM NO. 6-~-6 REQUEST Buss Mechanical Budgeted Contract Amdendment No. 5 for $5,855.00 (Architect /Design & Owner Initiated Change AGENCY COMMENTS CITY CLERK: See aftached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT N0.05 PROJECT NO. CH-06-001 DATE: 10/23/08 EFFECTIVE DATE: CONTRACTOR: BUSS MECHANICAL PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI's 118 8160 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI's Attachments: Change Items description, dated 10!14108, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $953,385.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract AmendmenN^ No. 01 to 04 No._ to _ (calendar days) $32,589.00 None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeter! Contract Amendment: $985 974 00 (calendar days or date} , . 8/28/2008 Net Increase {deefl~3se) of this Budgeted Contract Amendment: Net Incxease (decrease) of this Budgeted Contract Amendment: $5 855 00 (calendar days or date) , . None ConUact Price with all Approved Budgeted Contrail Contract Times with all Approved Budgeted Contract Amendment: Amendment: $991,829.00 (calendar days} Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION GER ACCEPTED: (CONTRACTOR} Petra Inc. Buss Mechanical By: Thomas R. Coughlin ~ By: John Buss Date: `~ ~ ~~ Date: APPROVED: (CITY PURCHASING GE COUNCIL APPROV ~~ By: iceith watts / (~ ~ ~~ 2 -C~ ~~ . .~ of M~ ''` ~/ Date: l f ~ ~ ~ t~ O . ,~ ~ ~ ~.- ..`` c3, Q' '`" Date: "i~' ' `` r APPROVED: {C ~~~~~~ ATTEST: By: Mayor Tammy de Weerd B : C Cierk Ja cee Bolma t '~ Y dY ~ Y Date: ^~ Date: la.-3 ,, P , O ,,~~~~ ~ der d4,~ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT N0.05 PROJECT NO. CH-06-001 DATE: 10/23/08 EFFECTIVE DATE: CONTRACTOR: BUSS MECHANICAL PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI's 116 & 150 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI's Attachments: Change Items description, dated 10/14/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $953,385.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 01 to 04 No._ to _ (calendar days) $32,589.00 None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: (calendar days or date) $985,974.00 s/2a/2oos Net Increase (demise) of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (caiendar days or date) $5, 855.00 None ~ Contract Price with all Approved Budgeted Contract Contract Times with all Approved Budgeted Contract Amendment: Amendment: (glendar days) $991,829.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION GER ACCEPTED: (CONTRACTOR) Petra Inc. Buss Mechanical By: Thomas R. Coughlin By: John Buss Date: ~~ ~ ~~ Date: APPROVED: (CITY PURCHASING GEN { / ~`~ COUNCIL APPROV / / J By: Keith Watts / (/' V Date: ~ /~ (~ ~ ~ ~ r Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: ~/oP'QP.ercud ,Q~ ~~ CHANGE ORDER PROJECT: Meridian City Hall TO: Attn: John Buss Buss Mechanical PO BOX 190476 phys: 4471 S. Henry Boise, ID 83719 JOB: 060675 CONTRACT NO: 32 Phone:208-562-0600 Fax:208-562-0555 ~~41 5c~(0 c-eil RE: To: From: Number: DESCRIPTION OF CHANGE **All taxes are included in costs** Tax Tax Net Item Description Quantity Units Unit Price Rate Amount Amount 00001 ASI#116 Emergency Generator Height Adjustment- Install fuel piping from new 1.000 LS $920.00 0.00% $0.00 $920.00 remote tank to generator. Buss invoice #08-8350, date 8/28/08 00002 ASI#150 Exterior Hose Bibbs (COR#42)- Install three hose bibbs on the building 1.000 LS $4,935.00 0.00% $0.00 $4,935.00 exterior. Buss quote 10/10/08 Unit Cost: $5,855.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0 00 Total: $5,855.00 The Original Contract Sum was ................................................................................................. Net Change by Previously Authorized Requests and Changes $953,385.00 ................................................ The Contract Sum Prior to This Change Order was $32,589.00 ...........................:.......................... The Contract Sum Will be Increased $985,974.00 ................................................................................... The New Contract Sum Including This Change Order $5,855.00 ...................................................... The Contract Time Will Not Be Changed .................... $991,829.00 .................................... ...... .... ... ........ The Date of Substantial Completion as of this Change Order Therefore is .......................... ACCEP D: Buss a ani I Bye, ~ o n Buss Dat ~ ~ ~ Expedition Petra Incorporate LCA A ~chitect By: ~ - By: Tom ou 1' ~ Steve Christensen Date: ~~ Date: ~ ~ • ~-L. o 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI# 116 & 150 DATE: 10/14/2008 MERIDIAN CITY HALL PROJECT NO: CH-06-001 BUSS MECHANICAL -Phase 3 (32) CHANGE ORDER NO 5 CHANGE ORDER ITEMS 10/14/08 ASI 8: RFI Changes 1 ASI 116 Emergency Generator Height Adjustment Install fuel piping from new remote tank to generator Buss invoice #08-8350, date 8/28/08 2 ASI 150 Exterior Hose Bibbs (COR#42) Install three hose bibbs on the building exterior. Buss quote 10/10/08 920.00 4,935.00 $ 5,855.00 Page 1 of 1 • November 21,2008 Department Reports MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT Purchasing Department ITEM NO. 6-D-7 REQUEST Cobblestone Construction Budgeted Contract Amendment No. 2 for $2,175.00 (Architect /Design /Owner Initiated Changes) AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at publk meetings shall become property of the City of Meridian. l~J CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT /i`~// //pper/X7JY /7~ 1-~e.rn ~ -rte -1 BUDGETED CONTRACT AMENDMENT N0.02 PROJECT NO. CH-08-001 DATE: 11/17/08 EFFECTIVE DATE: CONTRACTOR: COBBLESTONE CONSTRUCTION, INC. PROJECT: MERIDIAN CITY HALL -Phase 4 Plaza & Site Improvement The Contractor is hereby directed to make the following changes from the Cortract Documents and Plarts. Description: Incorporate revisions per AShlit1148 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per Ilsted ASI Attachments: Change Items description, dated 11110/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $75,462.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 00 to 01 $9 668 00 No._ to _ (calendar days) , . None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Cortract Amendment: $85 130 00 {calendar days or date) , . 8/28/2008 Net Increase (~ac[eace) of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: $2 175 00 (calendar days or date) , . None Contract Price with ail Approved Budgeted Contract Contract Times with all Approved Budgeted Contract Amendment: Amendment: $87,305.00 (calendar days) Substantial Completion 8128/2008 RECOMMENDED: (CONSTRUCTION MA ) ACCEPTED: {CONTRACTOR} Petra Inc. Cobblestone Con ction By: Thomas R. Cough n B : Norrrt cha y ~~ Date: ~. f / 9 D ate: ,1~8~ APPROVED: (crrr Qu~ IN FNTr / / COUNCIL APPROVAL B : Keith watts (/ G~ V .~~`'~~ OF M ~`'~% _" Dat@: ~''.. ~ ~ ~ ~ 0 Dete: `: ~y "ice, C APPROVED: (C By: Mayor Tammy de weer ATTEST: r B Date: y: City Clerk, Jaycze Holman y ~ ~ ~ Date: 2- 3 • t7 1 i~a 4 \`~ \ 'kriuiit ~~a-NAti~'\ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT LJ ~1c~ BUDGETED CONTRACT AMENDMENT N0.02 PROJECT NO. CH-06-001 DATE: 11 /17/08 EFFECTIVE DATE: CONTRACTOR: COBBLESTONE CONSTRUCTION, INC. PROJECT: MERIDIAN CITY HALL -Phase 4 Plaza & Site Improvement The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incgrporate revisions per ASI#149 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI Attachments: Change Items description, dated 11/10/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $75,462.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 00 to 01 No._ to _ (calendar days) $9,668.00 None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: (calendar days or date) $85,130.00 s/2s/2oos Net Increase () of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (calendar days or date) $2,175.00 None Contract Price with all Approved Budgeted Contract Contract Times with all Approved Budgeted Contract Amendment: Amendment: (calendar days) $87,305.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION MA ) ACCEPTED: (CONTRACTOR) Petra Inc. Cobblestone Con ruction By: Thomas R. Cough in By:-Norm Z cha ~......~ Date: ~,~ ®~ ~ Date: p~~~/V APPROVED: (CITY PU~ IN ~Nry /"/ COUNCIL APPROVAL By: Keith Watts (/ Date: ~ r,~ ~ ~ ~. ~ ~ Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: CHANGE ORDER 00002 TITLE: ASI#149- Plaza Luminaires- Phase IV DATE: 11/11/2008 PROJECT: Meridian City Hall JOB: 060675 TO: Attn: Norm Zachary CONTRACT NO: 56 Cobblestone Construction, Inc. 12 Lakeview Drive Horseshoe Bend, ID 83629 Phone:208-793-3144 Fax:208-793-3015 RE: To: From: Number: DESCRIPTION OF CHANGE **All taxes are included in costs** Tax Tax Net Item Description Quantity Units Unit Price Rate Amount Amount 00001 ASI#149 Plaza Luminaires (COR#04)- Rework pavers at 8 locations where plaza 1.000 LS $2,175.00 0.00% $0.00 $2,175.00 luminaire poles were removed. Cobblestone work orders 9/29 & 9/30. Unit Cost: $2,175.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0 00 Total: $2,175.00 The Original Contract Sum was ................................................................................................. $75,462.00 Net Change by Previously Authorized Requests and Changes ................................................ $9,668.00 The Contract Sum Prior to This Change Order was ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, $85,130.00 The Contract Sum Will be Increased ................................................................................... $2,175.00 The New Contract Sum Including This Change Order ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, $87,305.00 The Contract Time Will Not Be Changed ................................................................................. The Date of Substantial Completion as of this Change Order There re is ,~ ......... ACCEPT D: Cobble ne Co n, Inc. sy: ~..,....,~ ~-- ~ No Zach Date: ~~~~ Expedition Petra Income LCA Arc rtects„R~ n Tom ough Steve Christensen Date: ~~ ~~ ~ Date: ~ ` `` ~' p 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 • MERIDIAN CITY HALL PROJECT N0: CH-06-001 COBBLESTONE CONSTRUCTION -Phase IV Plaza 11/10/08 CHANGE ORDER NO 2 CHANGE ORDER ITEMS 1 ASI 149 Plaza Luminaires (COR#04) 2,175.00 Rework pavers at 8 locations where plaza luminaire poles were removed. Cobblestone work orders 9/29 & 9/30 2,175.00 Page 1 of 1 November 21, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT Purchasing Department ITEM NO. 6-D-8 REQUEST Commercial Painting Budgeted Contract Amendment No. 2 for $1,100.00 (Architect Initiated Change) AGENCY COMMENTS CITY CLERK: see attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~~ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83542 BUDGETED CONTRACT AMENDMENT ~25-G8 +em ~s r~-g BUDGETED CONTRACT AMENDMENT N0.06 PROJECT NO. CH-06-001 DATE: 10/23/08 EFFECTIVE DATE: CONTRACTOR: COMMERCIAL PAINTING PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant improvements The Contractor Is hereby directed to make the following changes from the Contract Documenffi and Plans. Description: Incorporate revisions per AS1836- Loading Dock ALL OTHER TERMS AND CONDI770NS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI Attachmenffi: Change Items description, dated 8122108, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $151,275.00 Original Contract Times: Substantial Completion 8/28108 Net Changes form prevtous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 01 to 05 No._ to _ (calendar days) $27,963.00 None Contract Price Prior to this Budgeted Contrail Amendment: Contract Times prior to this Budgeted Contract Amendmer>G $179 238 00 (calendar days or date) , . 8/28/2008 Ne# Increase (deE>neass} of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: $1 100 00 (calendar days or date) , . None Contract Price with all Approved Budgeted Contract Contrail Times with all Approved Budgeted Contrail Amendment: Amendment: $180,338.00 (calendar days) Sul>rstantial Completion 8/ 8 RECOMMENDED: (CONSTRUCnoN GE ACCEPTED: (CONTRACTOR) Petra Inc. ~ Commercial Painting By: Thomas R. Coughli By: Keith Martin Date: ~d ~~ D ~ Date: ~d ~ •a7- ~$ APPROVED: (CITY PURL SIN GEN COUNCIL APPROVAL By: Keith Watts ~ ~' `~ V 8 .• ;`•~ ~ "'~Ly i~~~'i Date: 1 -' _ ' ~. AIL ~~ Date: APPROVED: (C ~ A ST: % , - EAL By: Mayor Tammy de Weer Date: By: City Clerk, Jaycee Holmarr_ y ~ ~ Date: Z' 3 -- C7 1 v ~~;~ ~ r rrir»t ntt~~~~ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT r~ ~_J BUDGETED CONTRACT AMENDMENT N0.06 PROJECT N0. CH-06-001 DATE: 10/23/08 EFFECTIVE DATE: CONTRACTOR: COMMERCIAL PAINTING PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI#35- Loading Dock ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted .Contract Amendment: Additional scope or revisions per listed ASI Attachments: Change Items description, dated 8/22/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $151,275.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 01 to 05 No._ to _ (calendar days) $27,963.00 None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: (calendar days or date) $179,238.00 s/2s/loos Net Increase () of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (plendar days or date) $1,100.00 None Contract Price wfth all Approved Budgeted Contract Contract Times with all Approved Budgeted Contract Amendment: Amendment: $180,338.00 (calendar days) Substantial Completion ~/ 8 RECOMMENDED: (CONSTRUCTION GE ACCEPTED: (CONTRACTOR) Petra Inc. d Commercial Painting By: Thomas R. Coughli By: Keith Martin Date: ®~ ~~~ ~ ~ Date: /~ _~~7_ APPROVED: (CITY PURC SIN GEN // COUNCIL APPROVAL By: Keith Watts < Date: 1 ~ / ~J ~ ~ ~/ I / L, Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: ~~~ CHANGE ORDER ~ I E Cpp No. ooooE 323-4500 BOISE, IDAHO t,~A RCE-1875 r,e CirRATRR ar- CONTRACTORS 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI#35- Loading Dock, Phase III PRO]ECT: Meridian City Hall TO: Attn:. Keith Martin Commercial Painting Contractors, Inc P.O. Box 1115 phys: 16531 Plum Rd. Caldwell, 83607 Caldwell, Idaho 83606 Phone:208-453-1898 Fax: 208-455-7537 RE: To: From: DESCRIPTION OF CHANGE **All taxes are included in costs** DATE: 10/6/2008 ]OB: 060675 (~? (~ CONTRACT NO ~ ~ l~J ~8L! OCT ~ p 2008 Number: Tax Tax Net Item Description Quantity Units Unit Price Rate Amount Amount 00001 ASI#35 Loading Dock (COR#29)- Paint exterior metal at loading dock; handrail, 1.000 LS $1,100.00 0.00% $0.00 $1,100.00 gates, bollards & dock edge angle. Com Paint quote 9/26/08 Unit Cost: $1,100.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $1,100.00 The Original Contract Sum was .............:................................................................................... $151,275.00 Net Change by Previously Authorized Requests and Changes ................................................ $27,963.00 The Contract Sum Prior to This Change Order was ...................................................... $179,238.00 The Contract Sum Will be Increased ................................................................................... $1,100.00 The New Contract Sum Including This Change Order ...................................................... $180,338.00 The Contract Time Will Not Be Changed ................................................................................. The Date of substantial Completion as of this Change Order The,>refore is ~ ............................ Commer '. I Pai tfG~ Inc Petra Incorpora LCA A c By: By: ?,~--- By: Keith Martin To Cou Steve Christensen Date: ~©r ~ 7 ~ Date: ~ ~ ~~ ~~ Date: ~, O - 22 - a Expedition MERIDIAN CITY HALL • PROJECT NO: CH-06-001 COMMERCIAL PAINTING CONTRACTORS -Phase 3 (28) 08/22/08 CHANGE ORDER NO 5 CHANGE ORDER ITEMS 1 ASI 35 Loading Dock (COR#29) 1,100.00 Paint exterior metal in loading dock; handrail, gates,bollards Com Paint quote 9/26/08 1,100.00 Page 1 of 1 November 21, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT Purchasing Department ITEM NO. 6-D-9 REQUEST Paige Mechanical Group Budgeted Contract Amendment No. 1 for $2,132.00 (Owner Requested & Architect /Design Initiated Changes] AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT r~ ~ t- c~s-o ~ ~ ~-~ `~ BUDGETED CONTRACT AMENDMENT N0.01 PROJECT NO. CH-06-001 DATE: '11/8/08 EFFECTIVE DATE: CONTRACTOR: Paige Mechanical Group PROJECT: MERIDIAN CITY HALL -Phase 4 Plaza $ Site Improvement The Contractor is hereby directed to make the following changes from the ConVact Documents and Plans. Description: Incorporate revlstons per addition of hose bibbs 8 pressure reducing device ALL OTHER TERMS AND CONDITIONS REMAIN THE SAAAE. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed addition Attachments: Change Items descrlptlon, dated 10/23/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $29,064.00 Original Contract Times: Substantial Completion 8!28/08 Net changes form previous Budgeted Contract Amendrrrent: Net changes form previous Budgeted Contract Amendment: No. 0 to 00 No._ to ,_ (calendar days) None Contrail Price Prior to this Budgeted Contract Amendment: Contrail Times prior to this Budgeted Contract Amendmert (calendar days or date) $29,064.00 8/2s/2oos Net Increase (decrease} of this Budgeted Contract Amendment: Net Increase (decrease} of this Budgeted Contract Amendment: (calendar days or date) $2,132.00 None Contract Price with all Approved Budgeted Contract Contrail Times with all Approved Budgeted Contract Amendment: Amendment: (calendar days) $31,196.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION ER A EPTED: (CONTRACTOR) Petra Inc. Paige Mechanical Group By: Thomas R. Coughli , By: Jfle~Patge h~4 yf[rt~~. ~ Date: // ~ Date:- //7~ APPROVED: { P ING y+r) ~ COUNCIL APP OVAL ~ G /! By: Keith Watts%i/~ C ~ ~ Z J ~ , J~ ~~Q~'q~'~~,~i Date: /-- ~ - C/ , ~ ,. date: ~ ~ ~'~ ~t,Ope r~ 'y ~.: ~" O / O APPROVED: (cn~ - `~ ~+~ ATTEST: c~~~-~- L By: Mayor Tammy de Weer By: City Clerk, Jaycee Holman Date: Date: 'Z,- ~ ° (~~ ? ~ ~,,~~~'~ L'OUM'`~ 'j,,sp• 1 ril r~.'1l.1 ~c~f ~ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT N0.01 PROJECT NO. CH-06-001 DATE: 11/6/08 EFFECTIVE DATE: CONTRACTOR: Paige Mechanical Group PROJECT: MERIDIAN CITY HALL -Phase 4 Plaza & Site Improvement The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per addition of hose bibbs & pressure reducing device ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed addition Attachments: Change Items description, dated 10/23108, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $29,064.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 0 to 00 No._ to _ (calendar days) None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: (calendar days or date) $29, 064.00 e/z8/zoo8 Net Increase (decrease) of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (calendar days or date) $2,132.00 None Contract Price with all Approved Budgeted Contract Contract Times with all Approved Budgeted Contract Amendment: Amendment: (calendar days) $31,196.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION P/IA ER ~ A CEPTED: (CONTRACTOR) Petra Inc. ' Paige Mechanical Group EL By: Thomas R. Coughli By: ,}Qe-~je ~4/~!sq~ir !bt Date: ~ ®~ ~ , Date: ~, ~/'~ APPROVED: (C P ~ ING %~ COUNCIL APP OVAL /! By: Keith Watts Date: /~ / "'7 , D y ! / (J Date: APPROVED: (CIT1~ - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: ~ ~ CHANGE ORDER ~~ 323-4500 BOISE, IDAHO RCE-1875 rye CiENEItAL CONTRACTORS IVV. VVVVl 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: Add Hose Bibbs/Pressure Device DATE: 10/23/2008 PROJECT: Meridian City Hall ]OB: 060675 TO: Attn: Joe Paige CONTRACT NO: 42 Paige Mechanical Group, Inc. P.O. Box 170360 Boise, ID 83717 Phone:208-331-9000 Fax:208-331-9095 RE: To: From: Number: DESCRIPTION OF CHANGE **All taxes are included in costs** Tax Tax Net Item Description Quantity Units Unit Price Rate Amount Amount 00001 Add Hose Bibbs & Pressure Reduang Device. At the Heritage Bldg install indoor 1.000 LS $2,132.00 0.00% $0.00 $2,132.00 hose Bibb in the chemical building, exterior hose bibb at the trellis area and install 2" reduce pressure device per plumbing inspector requirements. PMG quote 10/15. City Request Unit Cost: $2,132.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $2,132.00 The Original Contract Sum was ................................................................................................. $29,064.00 Net Change by Previously Authorized Requests and Changes ................................................ $0.00 The Contract Sum Prior to This Change Order was ..............................................:....... $29,064.00 The Contract Sum Will be Increased ................................................................................... $2,132.00 The New Contract Sum Including This Change Order ...................................................... $31,196.00 The Contract Time Will Not Be Changed ...................................................... ....................... The Date of Substantial Completion as of this Change Order Therefore is .~,>~..~ ........................ Paige 1~e anic I •oup, Inc. Petra Incorporate '"~ a LCA Arc itects, PA sy: ~~ By; - By: om ou h ' Steve Christensen Date: l !~ 8 Date: ~® ~® ~ Date: ~~ (r ~ ~ ~. Expedition ® ~ MERIDIAN CITY HALL PROJECT NO: CH-06-001 PAIGE MECHANICAL GROUP- Phase IV Plaza 10/23/08 CHANGE ORDER NO 1 CHANGE ORDER ITEMS Add Hose Bibbs & Pressure Reducing Device 2,132.00 At the Heritage Bldg install indoor hose Bibb in the chemical building, exterior hose bibb at the trellis area and install 2" reduce pressure device per plumbing inspector requirements. PMG quote 10/15. City Request. 2,132.00 Page 1 of 1 ~~ November 21, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT Purchasing Department ITEM NO. 6-D-10 REQUEST SBI Budgeted Contract Amendment No. 5 for $4,700.00 AGENCY COMMENTS CITY CLERK: See aftached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • Department Reports November 25, 2008 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT.AMENDMENT BUDGETED CONTRACT AMENDMENT N0.05 PROJECT NO. CH-06-001 DATE: 11/6/08 EFFECTIVE DATE: CONTRACTOR: SBI CONTRACTING PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI's 157 ~ 168 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment; Additional scope or revisions per listed ASI's Attachmerrts: Change Items description, dated 10/23/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Origtnat Contract Price $110,000.00 Original Contrail Times: Substantial Completion 8128/08 Net changes form previous Budgeted Contrail Amendment: Net changes form previous Budgeted Contrail Amendment: No. 01 to 04 No._ to _ (calendar days) ($2, 805.00) None Contrail Price Prior to this Budgeted Contrail Amendment: Contrail Times prior to this Budgeted Contrail Amendment: (calendar days or date) $107,185.00 8/26/2008 Net Increase (decrease) of this Budgeted Contrail Amendment: Net Increase (decrease) of this Budgeted Contrail Amendment: (calendar days or date) $4,700.00 None Contrail Price with all Approved Budgeted Contrail Contrail Times with all Approved Budgeted Contrail Amendment: Amendment: (calendar days) $111,885.00 Substantial Completion 8/Z8/2008 RECOMMENDED: (CONSTRUCTION GER) ACCEPTED: (CONTRACTOR) Petra inc. By: Thomas R. Coughl ~ ,~ SBI Contracting By: Bob Gaige ,,y( ~C ~d Date: // !/ Date. ~~ ~~ D~ ~ , tt~ APPRO D: (nY PURC ING AG COUNCIL APPROVAL ~ By: Keith Watts Date: ~ a ~ 1 ~ `````\`~~~1tt11Ntrr~~r',,' ,' ,~-~ D t ' 7- ~ e: ., a ~~,, ~ APPROV D: ' ATTEST ~ ~ s By: ayo SEAL By: City Clerk, Jayoee~ioim n s Date: •' (~~ _ Date: ~,- 7 - v ~,~~~ p9 r ts'c ' Q,.r ~~~.~ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT N0.05 PROJECT NO. CH-06-001 DATE: 11 /6/08 EFFECTIVE DATE: CONTRACTOR: SBI CONTRACTING PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions perASl's 157 & 158 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI's Attachments: Change Items description, dated 10/23/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $110,000.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 01 to 04 No._ to _ (calendar days) ($2,805.00) None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: (calendar days or date) $107,195.00 8/28/2ooa Net Increase (decrease) of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (calendar days or date) $4,700.00 None Contract Price with all Approved Budgeted Contract Contract Times with all Approved Budgeted Contract Amendment: ~ Amendment: (calendar days) $111,895.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION GER) Petra Inc ACCEPTED: (CONTRACTOR) SB . By: Thomas R. Coughf ~ .~ I Contracting By: Bob Gaige ~C ~d Date: ~® 1® Date: ®~ ®/ ®r~ ~~~ Lv"'' Gt' APPROV D: ( ITY PURL ING AG N COUNCIL APPROVAL / By: Keith Watts Date: l~ ~ V D t /~~ ` DDD a e: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: )~~~od~ 323-4500 BOISE, IDAHO RCE-1875 NOV ~ 4 2008 I~[No. 000 UII C3~>:3NERAL COl'~'Z7tACTORS 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI Prlcing- Phase III DATE• 10/23/2008 PROJECT: Meridian City Hall 708:.060675. TO: Attn: Bob Gaige CONTRACT NO: 27 SBI Contracting mail: 228 E. Plaza #193 Phys:11400 W Exec. Dr. Ste. A, Boise Eagle, ID 83616 Phone:208-376-5200 Fax:208-376-5201 RE: To: From: Number: DESCRIPTION OF CHANGE **All taxes are included in costs** Item Description Tax Tax Net 00001 ASI#157 Lockers (COR#09)- Furnish and install 5 extra large single tier lockers Qu 0 0~ U ~~ Unit Price Rate Amount Amount in Rm#023. SBI quote 10/20/08. City request $3,050.00 0.00 /o $0.00 $3,050.00 00002 ASI#158 Outdoor Display Case (COR#10)- Furnish and install one outdoor 1.000 LS $1,650.00 0.00% $0.00 $1,650.00 display case. SBI quote 10/20/08. City request Unit Cost: $4,700.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: __ $0 00 Total: $4,700.00 The Original Contract Sum was ................................................................................................. $110,000.00 Net Change by Previously Authorized Requests and Changes ................................................ ($2,805.00) The Contract Sum Prior to This Change Order was , .................................. $107,195.00 The Contract Sum Will be Increased ... ~~~~~~~~~~~~~~~~~~~~ $4,700.00 .............. . ............................................................ The New Contract Sum Including This Change Order ,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.. $111,895.00 The Contract Time Will Not Be Changed ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, The Date of Substantial Completion as of this Change Order T efore is , A EPTED: " SBI Contr ra By: By: _ ~f ~~ ~ Bo Gaige , Date: "er ~~~ ~ Date: Expedition -orate G~ LCA Ar itects, P By: Tom Coughlin Stevie Christensen //~~~ Date: C~ IIPc~~ CHANGE ORDER MERIDIAN CITY HALL PROJECT NO: CH-06-001 SBI CONTRACTING -Phase 3 (27) CHANGE ORDER NO 5 10/23/08 CHANGE ORDER ITEMS ASI 8~ RFI Changes 1 ASI 157 Lockers (COR#09) 3,050.00 Furnish and install 5 exlarge single tier lockers in Rm #023 SBI quote 10/20/08. City request 2 ASI 158 Outdoor Display Case (COR#10) Fumish and install one outdoor display case SBI quote 10/20/08. City Request 1,650.00 $ 4,700.00 Page 1 of 1 • ~ i November 21, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT Purchasing Department ITEM NO. 6-D-11 REQUEST Seal Co. Budgeted Contract Amendment No. 4 for $418.00 AGENCY COMMENTS CITY CLERK: See atFached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City o} Meridian. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83842 BUDGETED CONTRACT AMENDMENT ~~ ~ ~1-25-~ ~ ~~vn~ ~~~-l9 BUDGETED CONTRACT AMENDMENT N0.03 PROJECT NO. CH-06-OO1 DATE: 11/11/08 EFFECTIVE DATE: CONTRACTOR: Seal Co. PROJECT: MERIDIAN CITY HALL -Phase 2 Core & Shelf The Contractor is hereby directed to make the following changes from Nte Contract Documents and Plans. Description: Incorporate revisions per ASi~'132 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Addlt(onat scope or revisions per listed ASI Attachments: Change Items description, dated 11/3/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original COrltraCt Price $67,182.00 Original Contrail Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contrail Amendment: Net changes form previous Budgeted Contract Amendment: No. 01 to 02 No._ to _ {calendar days) $25,138.00 None Contrail Price Prior to this Budgeted Contrail Amendment: Contrail Times prior to this Budgeted Contrail Amendment: (plendar days or date) $92, 320.00 8/28/2008 Net Increase {decrease) of this Budgeted Contrail Amendment: Net increase (decrease) of this Budgeted Contrail Amendment: (calendar days or date) $418.00 None Contract Price with all Approved Budgeted Contrail ConUail Times with all Approved Budgeted Contrail Amendment: Amendment: (calendar days) $92,738.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION ) _ ACCEPTED: (CONTRACTOR) Petra Inc. By: Thomas R. Coughli Seal Co. By: Mike Devane ~ Date: ~~ J,~ ~ y e Date: /~ !~_ 0~ APPROVED: {C URCIiA G N COUNCIL APPROVAL By: Keith Watts ,,~~ ~ ! -~ {~~y ~ ~d~.9y ~~ Date: t' _ I _ p ~J i '-; Date: ,~~ ry a APPROVED: - ATTEST: By: Mayor Tammy de W rd Date: By: City Clerk, Jaycee:Hoim ' ' - '` ~ Date: 1 L 3 tJ 7 .4t144Ft~' CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT U BUDGETED CONTRACT AMENDMENT NO. 03 PROJECT NO. CH-06-001 DATE: 11/11/08 EFFECTIVE DATE: CONTRACTOR: Seal Co. PROJECT: MERIDIAN CITY HALL -Phase 2 Core & Shell The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI#132 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI Attachments: Change Items description, dated 11/3/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $67,182.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 01 to 02 No._ to _ (calendar days) $25,138.00 None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: (calendar days or date) $92,320.00 8/28/zoos Net Increase (decrease) of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (calendar days or date) $418.00 None Contract Price with all Approved Budgeted Contract Contract Times with all Approved Budgeted Contract Amendment: Amendment: (calendar days) $92,738.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION R) ACCEPTED: (CONTRACTOR) Petra Inc. By: Thomas R. Coughli .Seal Co. By: Mike Devane ~ Date: ~~ ~,l y E Date: O~ ~`_ ~~- APPROVED: ((CI PURCHAS G N COUNCIL APPROVAL / By: Keith Watts Date: ! ' _ ! _ D ~ Date: APPROVED: (CITI~ - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: CHANGE ORDER ,`ar1 ~ ~~~ d ~ ~ ~ D ~ ~ ~~ .00003 ~~ , ,z, ~ 323-4500 NOV 14 2008 BOIREE IDAHO TM tt.. ~.j In e4 , i n n 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI pricing- Phase II DATE: 11/3/2008 PR07ECT: Meridian City Hall 70B: 060675 TO: Attn: Mike Devaney CONTRACT NO: 12 Seal Co. P.O. Box 887, Meridian 83680 223 W Broadway Meridian, ID 83680-0887 Phone:208-887-3646 Fax:208-887-3882 RE: To: From: Number: DESCRIPTION OF CHANGE **All taxes are included in costs** Tax Tax Net Item Description Quantity Units Unit Price Rate Amount Amount 00001 ASI#132 Epoxy Floor- Basement Rm 025. Provide epoxy floor coating in Rm. 1.000 LS $418.00 0.00% $0.00 $418.00 025. Epoxy coating will provide complete finish around sump pump cover. SealCo quote 8/26/08 Unit Cost: $418.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0 00 Total: ~a1s_nn The Original Contract Sum was ................................................................................................. $67,182.00 Net Change- by Previously Authorized Requests and Changes ..........................:..................... $25,138.00 The Contract Sum Prior to This Change Order was ...................................................... $92,320.00 The Contract Sum Will be Increased ................................................................................... $418.00 The New Contract Sum Including This Change Order ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, $82,738.00 The Contract Time Will Not Be Changed .......................................................... ........ ..... ....... The Date of Substantial~mpletion as of this Change Order The~ore is .s~,~ ...................... ACCEPTED: Seal Co. Petra Incorpor LCA Arct itects, P By. By' ~ By' ~,, I ~~ ,~ Mike eV ney To ou li St ve Christensen Date: ~ ! ~~ Date: ~~ ~~ ~ Date: ~~~ Espeditian ® r b ~ MERIDIAN CITY HALL PROJECT NO: CH-06-001 SEALCO -Phase 2 (12) CHANGE ORDER NO 3 CHANGE ORDER ITEMS 11 /03/08 1 ASI 132 Epoxy Floor - Bsmt Rm 025 418.00 Provide epoxy floor coating in Rm 025. Epoxy coating will provide complete finish around sump pump cover. SealCo quote 8/26/08 2 418.00 Page 1 of 1 © • November 21,2008 Department Reports MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT Purchasing Department ITEM NO. 6-D-12 REQUEST TTE Preconn Budgeted Contract Amendment No. 4 for $263.00 AGENCY COMMENTS ~~_ CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83842 BUDGETED CONTRACT AMENDMENT 7TE-PreCom - Phase 3 Tenant Improvements CC I I -ZS-oar BUDGETED CONTRACT AMENDMENT N0.04 PROJECT NO. CH-06-007 DATE: 11/6!08 The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI#1748- Cabling for Council Chamber ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI Attacnmerrts: Change Items description, dated 10/23!08 with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: .Original Contract Puce $219,000.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 01 to 03 ($19.5$6.41) No.` to _ {calendar days) None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contrail Amendment: $199, 413.59 (~endar days or date) ~r~or~nne Net Increase (decrease) of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contrail Amendment: $263.00 (calendar days or date) with $199,676.59 RECOMMENDED: (CONSTRUCTION Petra Inc. By: Thomas R. Coughlin Date: i~~i/ (crnr By: Keith Watts ~/ ~ Date: !/, Z d, APPROVED tr. _ ey: Mayor Contract aredar days) bstantial Completion 8/28/2008 ~EPTED: (CONTRACTOR) E-PreCom -:~G~7~'~.~ Nic Astleford 3: /~~i 3~Qf~ APPROVAL I1-25-0$ ,,,~,,,,,,,~~,~r„ `,~ OF Date: ,`~.,. _ By: City Clerk, Ny~ee {john n ~~'~L Date: 1 Z' 3 - O=$ ~ 9 ..,, ..mac '~ • ., - ,,, • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 • I BUDGETED CONTRACT AMENDMENT NO.04 (PROJECT NO. CH-06-001 I DATE: 1116/08 DA' BUDGETED CONTRACT AMENDMENT /~/'l1~IT1'fA/~Tl~r._ TTr A ~~~~ ~ rw~. ~ vn: ~ i ~-rre~om PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI#146- Cabling for Council Chamber ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI Attachments: Change Items description, dated 10/23/08 with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $219,000.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 01 to 03 No._ to _ (calendar days) ($19, 586.41) None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: $199 413 59 (calendar days or date) , . 8/28/2008 Net Increase (decrease) of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: $263 00 (calendar days or date) . None Contract Price with all Approved Budgeted Contract Contract Times with all Approved Budgeted Contract Amendment: Amendment: $199,676.59 (calendar days) Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION MANAG ACCEPTED: (CONTRACTOR) Petra Inc. TTE-PreCom By: Thomas R. Coughlin By: NicAstleford Date:, /~ Date: /~ l ~ ~~ac~ / APPROVED: (crrv PuR HAS( GE o COUNCIL APPROVAL By: Keith Watts Date: !~~ 2 ~ e R ~ V Date: APPROVED: (Cn~ - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: ~ ~ CHANGE ORDER ~,,,,,~~ ~ o. 000 4 323-4500 BOISE, IDAHO NOV ~ ~ 2~~8 RCE-1875 ,.. _ 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI#146- Cabling for Council Chambr DATE: 10/23/2008 PRO]ECT: Meridian City Hall ]OB: 060675 TO: Attn: Nic Astleford CONTRACT NO: 36 TTE-PreCom 710 S Orchard St. Boise , ID 83705 Phone: 344-3660 Fax: 344-0095 RE: To: DESCRIPTION OF CHANGE From: Number: Tax Tax Net Item Description Quantity Units Unit Price Rate Amount Amount 00001 ASI#146 Cabling for Council Chambers (COR#06)- Install 4 additional Cat 5E 1.000 LS $263.00 0.00% $0.00 $263.00 cables in the council chambers. Install corresponding jacks, faceplates, terminate, test and label. PreCom quote 10/9/08 & 6/23/08 Unit Cost: $263.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0 00 Total: $263.00 The Original Contract Sum was ............................................................. Net Change by Previously Authorized Requests and Chan es .................................... $219,000.00 g ............ The Contract Sum Prior to This Change Order was .................................... ($19,586.41) ...................................................... The Contract Sum Will be Increased $199,413.59 ................................................................................... The New Contract Sum Including This Change Order $263.00 .................. The Contract Time Will Not Be Changed ......................................... .................................... $199,676.59 ..... The Date of Substantial Completion as of this Change Order Therefore ................................... is .............................. ACCEPTED: TTE-PreCom Petra sy: By` - is Astleford Date: %/~l'~ ~~ Date: Expedition rated (~ _LCA A~chitectsp~ Tom Clo~u n Steve Christensen /P° ~7 ~ Date: t'fl ~ ~ l ~k MEF~IDIAN CITY HALL PROJECT NO: CH-06-001 PRECOM -Phase 3 (36) CHANGE ORDER NO 4 10/23/08 CHANGE ORDER ITEMS 1 ASI 146 Cabling for Council Chambers (COR#06) 263.00 Install 4 additional Cat 5E cables in the council chambers Install corresponding jacks, faceplates, terminate, test and label. PreCom quote 10/9!08. PreCom quote 6/23/08 263:00 Page 1 of 1 November 21, 2008 MERIDIAN CITY COUNCIL MEETING AP 08-003 November 25, 2008 APPLICANT Ward Schwider ITEM NO. $ REQUEST Continued Public Hearing from October 7, 2008 -Request for City Council Review for appeal of directors determ. to deny alternative compliance to allow a portion to be used for shared parking for Broadway Integrated Project AGENCY COMMENTS CITY CLERK: See Offached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY ~~~ D CITY POLICE DEPT: pro n ~ ~•~~ CITY FIRE DEPT: V~--~J ~J CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. November 21, 2008 MERIDIAN CITY COUNCIL MEETING November 25, 2008 CPA 08-003 APPLICANT Primeland Investment Group, LLC ITEM NO. 9 REQUEST Continued Public Hearing from November 5, 208 -Request for CPA to modify future land use map by changing land use designation from medium density residential to mixed use community for 94 acres for Volterra Commercial AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Pr®vtous Item Packet / Minutes See attached Staff Report ~p~-oJe,-Pr~a~ A_scR~.~-k~ Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~~ November 21, 2008 RZ 08-004 MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT Primeland Development Co. ITEM NO. l ~ REQUEST Continued Public Hearing from November 5, 2008 -Request for a Rezone of 93.64 acres from L-O & R-4 to C-G , L-O, C-C and R-15 for Volterra Mixed Use -- west of North Ten Mile Road and north of West McMilar~ Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Previous Item Packet /Minutes See attached Recommendations Qrepwr e f ind ~ ri g-, ~ ~°~°~~ Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the Clty of Meddlan. MDA 08-002 MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT Primeland Developmenfi Company, LLP ITEM NO. 11 REQUEST Public Hearing -Modify the recorded Development Agreement for Volterra Subdivision AND create a new Development Agreement for a mixed use /commercial employment area for Volterra Mixed Use -west of N. Ten Mile Road and north of W. McMillan Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER. DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS rQ~~ - ~c~a~ ~'~ Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the Ctty of Meridian. November 21,2008 MERIDIAN CITY COUNCIL MEETING C~ J November 25, 2008 APPLICANT ITEM NO. ~ Z REQUEST Public Hearing - 2007 Consolidated Annual Pertormance and Evaluation Report (CAPER} for Meridian's Community Development Block Grant (CDBG) Program AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS k~ See attached Report 1 l~ ~ ~1 `~ ~ \~ ~`~~' C" ~r Date: ~, , Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • STAFF REPORT Hearing Date: November 25, 2008 TO: Mayor and City Council IA%-""' FROM: Sarah Wheeler, Assistant City Planner (208) 884-5533 SUBJECT: 2007 Consolidated Annual Performance Report (CAPER), Public Comment Period 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The City of Meridian is the recipient of federal Community Development Block Grant (CDBG) funds. As a recipient of these funds, the City is required to prepare an annual action plan as well as a yearly assessment of its accomplishments utilizing these funds. At the end of each program year, the City is required to prepare a Consolidated Annual Performance and Evaluation Report (CAPER). This report provides information to HUD and the citizen's of Meridian about the accomplishments for each program year in the Consolidated Plan. The information allows HUD, city officials, and the public to evaluate the City's performance and determine whether the activities undertaken during the year helped meet the City's five-year goals and address the priority needs identified in the Consolidated Plan and the annual Action Plan. The annual performance report, prepared with public review and comment, must be submitted to HUD annually, no later than December 30 (90 days after the program year ends). The City of Meridian's PY07 Action Plan covers the time period from October 1, 2007 through September 30, 2008. The 2007 CAPER describes the resources expended during the 2007 program year from Federal, non-Federal and private sources. It addresses the requirements set forth in 24 CFR § 91.520 by (1) describing the resources made available, (2) the investment of available resources, (3) the geographic distribution and location of the investments, (4) the families and persons assisted, (5) actions taken to affirmatively further fair housing, and (6) other actions indicated in the action plan. Staff is requesting that City Council open the public comment period for the 2007 CAPER. 2. SUNIlVIARY RECOMMENDATION Staff recommends opening the public hearing comment period commencing November 25, 2008 and closing on Wednesday, December 10~ at 5:00 P.M. 3. SUIVIlVIARY OF CAPER ACCOMPLISHMENTS a. The 2007 Action Plan identified 11 specific items to accomplish from October 1, 2008 through September 30, 2008.Out of those 11, we accomplished 7. See table below for a brief summary. A copy of the full report can be found online at http://www.meridiancity.org/planning z,~ oning/community development/index.asp . PROJECT MONEY ALLOCATED PROGRESS ACCOMPLISHMENTS Demolish and Cleaz a blighted pro erty- 1535 N. $110,435.00 Underway -project was Cleazed a substandazd lot in downtown Meridian that had Main completed in PY 08. health and safety issues Meridian Development $55,000 In Progress Corporation public facility improvement Buy and market a $1 HUD $1.00 None became available home ~ py 07 Establish an Affordable $0.00 Complete Accomplished in March of Housing Task Force 2008. Resolution # 08-604 Fair housing awareness $0.00 Complete: Apri122, 16 individual from Meridian activity 2008, Far Housing attended the Conference. Conference in Nampa Calendaz distributed statewide Sponsored the Idaho to 1,000 of individuals and Fair Housing Calendaz organizations Educate individuals on $0.00 Complete Worked with building lead based paint hazards department to distribute pamphlet and bookmarks Increase awareness of $0.00 Complete Staff has participated on the affordable homeownership Fair Housing Forum, posted opportunities and programs community housing events online, sponsored fair housing calendar and helped advertise the fair housing conference. Staff is currently working with Boise City Ada County Housing Authority to establish more affordable housing in Meridian Code Enforcement $19,000.00 Complete 60 households were visited in Meridian's LMI Areas Neighborhood Clean Up $0.00 Complete Old Town Clean Up. Debris Event cleazed from 13 properties Meridian Community $0.00 Complete 1,000 community resource Resource Directory directories were created and aze currently being distributed throughout Meridian Increase Awazeness of $0.00 Complete Done through the Community Social and Human Service Resource Directory outreach Providers 4. PROCESS FACTS a. Published public notice November 10, 2008 in the Idaho Statesman and Valley Times. CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE November 25, 2008 ITEM # 12 PROJECT NUMBER PROJECT NAME 2007 Consolidated Performance CDBG PLEASE PRINT NAME FOR I AGAINST (NEUTRAL • November 21,2008 MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT REQUEST ITEM NO. ~ 3 Public Hearing -Water /Sewer Rate Increase 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 aftached See aMached ~ 5 \\~ ~~-~~ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of fhe City of Meridian. NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, November 25, 2008, for the purpose of reviewing and approving aWater /Sewer Rate Increase that has been proposed of up to a 5% increase from the current rate Additional documentation may be on file in the City Clerk's Office at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho and said file is available for review during regular business hours. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony DATED this 6th day of November, 2008. `,,.~~y 10~11~~~®~`~~<,~~ O Y E HOLMAN, CITY LSE ~ PUBLISH 10th and 17th of November, 2008. ~'9~ ~r ~s-c . ~~.~ ,.~ '~~~~f/1111 IIt151t~,,` • ~irE IDIAN~- ~- IDAHO MayorTammy de Weerd City Council Members: Keith Bird ' Joe Borton Charles Rountree David Zaremba Internal Memorandum ~~ ~, ~ "_ ~ ~ ~ A, ~ ,~ TO: Tammy de Weerd, Mayor - Members Cit~r Council `'~~ ~ ~ ~ ~~ ~~~ ~~~~~`~i FROM: Tom Barry, Public Works Director DATE: November 19, 2008 CC: Bill Nary, City Attorney RE: Water and Sewer Inflationary Rate Adjustment In anticipation of the public hearing scheduled on November 25a', please find attached a chart detailing a variety of possible inflationary adjustments and their result on water and sewer rates. The spreadsheet identifies current rates for both water and sewer base and usage charges and compares them to what the new rate would be under a 1%, 2%, 3%, 4%, and 5% scenario. The recommendation of 4.6% is based upon the current 2008 inflation rate (January through September). For water, the recommended rate increases the base fee from $4.04 to $4.23 and the usage charge from $1.39 to $1.45 per 1,000 gallons. For sewer, the recommended rate increases the base fee from $4.74 to $4.96 and the usage charge from $3.04 to $3.18 per 1,000 gallons. These adjustments would equate to a total increase in the average family bill of about $1.61 per month. While this would help to offset some of the inflationary costs associated with delivery of services, as you know, these adjustments fall far short of meeting overall revenue projection needs for the utilities. Public Works Department .660 E. Watertower Street, Suite 200, Meridian, ID 83642 Phone 208-898-5500 . 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C!3 ~ V> b9 ~ y ` N Q O O O Z W w j h ~ ~ () ~ V U ~ a~~ ° 0 ~o ~ 0 o d W ~ - O o m d o o ~ q~ ~ N ~ y N y t N N I LL O ~ t) 3 COj ~ a V ~ N N d ~ 07 C n m N N W Q- ~ ~ c ~ a Q. N N t) W U O C N C ~ N C C y ~ ~. s 3 N ~ N O R N 3 ~ a L 00 !~ N ~ O a ~ N C 06 7 W ~' Y N O N O O Y N m O N N a N d> N -_ N y m Ov = Oy ~ N f0 =_ y y .0.. - f0 C N t0 = R y = l 0 W > W ~ ~--~ N V U C ~ 0) CO U :=. ~ U 0) m U U C y N m V ~~ V 0) m N 3 U 0 0) m~ O Q.' ~ R N 01 G O W i( ~j t0 N O > N O .. . ~ y' C N A W C l0 al O "O O t0 H O N l 6 ,.y. C "Z7 ..y. C N CO wy„ C Il ~ ~ C 7 \ ? 07~F o Q ~ ~ o Q m~H o Q F- 0 0]~I- o m f= \ \ \ ~ o Q I-O oo m~ fO o q \ \° m~~ o Q~ o Q CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE November 25, 2008 PROJECT NUMBER PROJECT NAME ITEM # 13 Water Sewer Rate Increase PLEASE PRINT NAME FOR I AGAINST (NEUTRAL i p November 21, 2008 MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT ITEM NO. ~ 4 REQUEST Public Hearing -- Fee for Rental Rooms in New City Hall AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached \~ Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant fo the Ordinances of the City of Meridian and the Laws of the State of fdaha, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Haft, 33 East Broadway Street, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, November 25, 2008, for the purpose of reviewing and approving rental fees for City of Meridian Public Meeting Spaces. The new rate structures have been proposed as follows: Rental Fees (4 Hour / 8 Hour Rental) Meeting/Event Space Location Fee Conference Room Police De artment $25 / $50 Conference Room A Cit Hall $25 / $50 Conference Roorn B Cit Hal! $25 / $50 Conference Roam A&B Cit Hall $50 / $100 Additional documentation and complete fee schedule regarding the proposed fee increases and new fees are on file in the City Clerk's Office at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho and said file is available for review during regular business hours. Any and all interested persons shall be heard at said public ~~~~~~~~~it~u~'n~r~~f<,, hearing and the public is welcome and invited to submit testimon ~~~ ~ ERl ~% DATED this 6th day of November, 2008. ,~` o ' JAYCE OLMAN, CITY C ~ ~ ,: PUBLISH 10t" and 17t" of November, 2008. ~"=.'pr~ r as-c ~ ~`~ ~ ,.~~ ,, q ~ `©p`2'` 1,. ,,~ff~l,`lt~U „`t,`t`\``t` ~ i CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE November 25, 2008 ITEM # 14 PROJECT NUMBER PROJECT NAME Fee for Rental Rooms at New City Hall PLEASE PRINT NAME FOR AGAINST NEUTRAL '~ '~ '~ I ,~v 1~~. ~a~~; c~~~~~„ • November 21, 2008 ~ AZ 08-005 MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT Hawkins Companies ITEM NO. 1S REQUEST Public Hearing -Request for Annexation & Zoning of 73.10 acres from RUT to R-15, L-O, C-C and C-G zoning districts for Meridian and Amity -northwest corner of West Amity Road and South Meridian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER bEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached P&Z Item Packet /Minutes See attached Recommendations CUr~$;~xtiw~, Pu~~, '~e~g -~ ~LO~Oy~ to; zoc,~r OTHER: See attached Affidavit of Posting Contacted: Date: Phone: Emgiled: Staff Initials: Materials presented at public meeflngs shall become property of the CNy of Meridian. November 21, 2008 VAR 08-8 MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT Hawkins Companies ITEM NO. ~ 6 REQUEST Public Hearing- Variance to UDC 11-3H-4 which prohibits new approaches from directly accessing a state hwy to allow 2 right-in/right-out aces points (approx. 660' from the north & south intersections) and 1 fight-in/right-out/leff-In access point at the 1 /4 mile to State Highway 69 /Meridian Road for Meridian and Amity - NWC of W. Amity Road and S. Meridian Road, south of Harris Street AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: ITD: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Staff Report ~~- ~~ C ~~'~ ao 2 ~~ ~~ See attached Comments See attached Comments Date: Staff Initials: Phone: • AZ O6-Ob3 November 21, 2008 MERIDIAN CITY COUNCIL MEETING November 25, 2008 APPLICANT Waltman, LLC REQUEST Ordinance -- Request for Annexation and RUT and R-1 zones to C-G zones for Waltman Prooerfi -505, 521, 615, 675 Waltman AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Report CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: n CITY WATER DEPT: ~ ~~ CITY SEWER DEPT: V CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: See attached Comments SETTLERS IRRIGATION: ITD: See attached Comments US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: ITEM NO. ~ 7 of 38.68 acres from ~E IDR IAN;=' a~~~ December 10, 2008 Re: Waltman Property AZ 06-063 ordinance No. 08-1390 •ew MayorTammy de Weer City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba Dear Appli~nt or Agency, losed ou will find a copy of the recorded ordinanhave any questons. Please Enc Y feel free to contact our office at 208-888-4433 if yo Sincerely, Tara Green Deputy City Clerk Enc. City Clerk's Office ~ 33 East Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 ~ Fax 208-888-4218 ~ wwv/•meridianc'rty.org