HomeMy WebLinkAbout2008-12-23C
C�WEN?IAN,
A
0
CITY COUNCIL SPECIAL
MEETING AGENDA
City Council Chambers
33 East Broadway Avenue, Meridian, Idaho
Tuesday, December 23, 2008 at 4:00 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
Charlie Rountree
2. Pledge of Allegiance:
3. Community Invocation by
4. Adoption of the Agenda:
5. Consent Agenda:
Brad Hoaglun
Keith Bird
Mayor Tammy de Weerd
A. Findings of Fact and Conclusions of Law for Approval: 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:
B. Findings of Fact and Conclusions of Law for Approval: AZ 08-
001 Request for Annexation and Zoning of 9.06 acres from the
RUT & R1 zoning districts in Ada County to the C -G zoning district
for Overland Village by Relo Development — 3330 East Overland
Road:
Meridian City Council Meeting Agenda — December 23, 2008 Page 1 of 2
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.
C. Findings of Fact and Conclusions of Law for Approval: RZ 08-
006 Request for Rezone of 1.39 acres from I -L to C -G zone for
Lanark Property by Patrick McKeegan — 3131 and 3163 E.
Lanark:
D. Resolution No. : 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:
E. Change Order No. 1 for Well 14 Puma Replacement with Layne
of Idaho, Inc. for $1,596.00:
F. Approve Bid Results and Award to Pipeline Inspection
Services for FY09 Sewer Line Cleaning and CCN for the not to
exceed amount of $75,893.50:
G. Memorandum of Understanding Addendum for Whitestone
Subdivision Lift Station with Whitestone Homeowners
Association:
6. Department Reports:
A. Legal Department:
1. Discussion of City Hall Lease Agreement:
2. Resolution No. City Hall Lease
Agreement:
B. Mayors Office:
1. City Hall Entryway Art Selection Committee Report and
Recommendation:
7. Items Moved from Consent Agenda:
Meridian City Council Meeting Agenda — December 23, 2008 Page 2 of 2
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.
NOTICE OF SPECIAL MEETING
MERIDIAN CITY COUNCIL
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Joe Borton
Charles Rountree
David Zaremba
NOTICE IS HEREBY GIVEN that the City Council of the City of
Meridian will hold a Special Meeting in the City Council Chambers at Meridian
City Hall, 33 East Broadway Avenue, Meridian, Idaho, on Tuesday, December
23rd, 2008 at 4:00 pm. The Meridian City Council will be discussing the
following items:
Consent Agenda:
Findings of Fact and Conclusions of Law for Approval:
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:
Findings of Fact and Conclusions of Law for Approval:
AZ 08-001 Request for Annexation and Zoning of 9.06 acres
from the RUT & R1 zoning districts in Ada County to the C -G
zoning district for Overland Village by Relo Development —
3330 East Overland Road:
Findings of Fact and Conclusions of Law for Approval:
RZ 08-006 Request for Rezone of 1.39 acres from I -L to C -G
Meridian City Council Special Meeting — December 23, 2008
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
i
zone for Lanark Property by Patrick McKeegan — 3131 and
3163 E. Lanark:
Resolution No. 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:
Change Order No. 1 for Well 14 Pump Replacement with
Layne of Idaho, Inc. for $1,596.00:
Approve Bid Results and Award to Pipeline Inspection
Services for FY09 Sewer Line Cleaning and CCTV for the
not to exceed amount of $75,893.50:
Memorandum of Understanding Addendum for
Whitestone Subdivision Lift Station with Whitestone
Homeowners Association:
Department Reports:
Legal Department:
Discussion of City Hall Lease Agreement:
Resolution No. City Hall
Lease Agreement:
Mayors Office:
City Hall Entryway Art Sp�gtgtjpn, Committee
Report and Recom da# 0; D!F
DATED this 19th day of December, 2008.
JAYCEE WOL
-
CITY CkFtRK o�
♦
Meridian City Council Special Meeting — December 23, 2008
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
EIDIAN•
NOTICE OF CANCELA TION OF THE
REGULAR MEETING OF THE
MERIDIAN CITY COUNCIL
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Joe Borton
Charles Rountree
David Zaremba
The regularly scheduled City Council meeting for
Tuesday, December 23rd, 2008
has been CANCELLED,
All Public Hearings on the 23rd of December will be
moved to the next regularly scheduled meeting of
January 6, 2009
Shays Cove PP & AZ
Beacon at Southridge RZ
Design Review CPA & ZOA
If you have any questions, please contact the City
Clerk's Office at 888-4433. Thank you.
DATED this 19th day of December, 2008.
JAYCEE HOLMAN - CITY
Of
VSEAL
9 0�'
40i
90 r
JS
1/1/I10'
ease {teaC-
IDIANI D I A N'�7---
I
-
s
NOTICE OF CANCELA TION OF THE
REGULAR MEETING OF THE
MERIDIAN CITY COUNCIL
T\j6�-LccJ
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Joe Borton
Charles Rountree
David Zaremba
The regularly scheduled City Council meeting for
Tuesday, December 23rd, 2008
has been CANCELLED.
All Public Hearings on the 23rd of December will be
moved to the next regularly scheduled meeting of
January 6, 2009
Shays Cove PP & AZ
Beacon at Southridge RZ
Design Review CPA & ZOA
If you have any questions, please contact the City
Clerk's Office at 888-4433. Thank you.
DATED this 19th day of December, 2008.
JA
``\\���111118111lJilIl��
•� cr- Mme' `'>>
- CITY CEER9 SERI,
10�Jo
®�N" ®O
`��//7rlro
• Mayor Tammy de Weerd
0 Ilk City Council Members:
Keith Bird
Joe Borton
Charles Rountree
David Zaremba
MAHO
NOTICE OF SPECIAL MEETING
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of
Meridian will hold a Special Meeting in the City Council Chambers at Meridian
City Hall, 33 East Broadway Avenue, Meridian, Idaho, on Tuesday, December
23rd, 2008 at 4:00 pm. The Meridian City Council will be discussing the
following items:
Consent Agenda:
a Findings of Fact and Conclusions of Law for Approval:
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:
Findings of Fact and Conclusions of Law for Approval:
AZ 08-001 Request for Annexation and Zoning of 9.06 acres
from the RUT & R1 zoning districts in Ada County to the C -G
zoning district for Overland Village by Relo Development —
3330 East Overland Road:
Findings of Fact and Conclusions of Law for Approval:
RZ 08-006 Request for Rezone of 1.39 acres from I -L to C -G
Meridian City Council Special Meeting — December 23, 2008
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings,
please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting.
0 0
zone for Lanark Property by Patrick McKeegan — 3131 and
3163 E. Lanark:
~ Resolution No. 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:
~ Change Order No. 1 for Well 14 Pump Replacement with
Layne of Idaho, Inc. for $1,596.00:
~ Approve Bid Results and Award to Pipeline Inspection
Services for FY09 Sewer Line Cleaning and CCN for the
not to exceed amount of $75,893.50:
~ Memorandum of Understanding Addendum for
Whitestone Subdivision Lift Station with Whitestone
Homeowners Association:
~ Department Reports:
~ Legal Department:
~ Discussion of City Hall Lease Agreement:
~ Resolution No. City Hall
Lease Agreement:
~ Mayors Office:
~ City Hall Entryway Art SOP010, Committee
Report and Recom dat'p u "",/
DATED this 19th day of December, 2008.
JAYCEE 140L
Ra
AL
- CITY K
Meridian City Council Special Meeting — December 23, 2008
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
r
C�
i
CITY COUNCIL SPECIAL
MEETING AGENDA
City Council Chambers
33 East Broadway Avenue, Meridian, Idaho
Tuesday, December 23, 2008 at 4:00 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
4. Adoption of the Agenda:
5. Consent Agenda:
A. Findings of Fact and Conclusions of Law for Approval: 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:
B. Findings of Fact and Conclusions of Law for Approval: AZ 08-
001 Request for Annexation and Zoning of 9.06 acres from the
RUT & R1 zoning districts in Ada County to the C -G zoning district
for Overland Village by Relo Development — 3330 East Overland
Road:
Meridian City Council Meeting Agenda — December 23, 2008 Page 1 of 2
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.
•
C. Findings of Fact and Conclusions of Law for Approval: RZ 08-
006 Request for Rezone of 1.39 acres from I -L to C -G zone for
Lanark Property by Patrick McKeegan — 3131 and 3163 E.
Lanark:
D. Resolution No. : 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:
E. Change Order No. 1 for Well 14 Pump Replacement with Layne
of Idaho, Inc. for $1,596.00:
F. Approve Bid Results and Award to Pipeline Inspection
Services for FY09 Sewer Line Cleaning and CCTV for the not to
exceed amount of $75,893.50:
G. Memorandum of Understandina Addendum for Whitestone
Subdivision Lift Station. with Whitestone Homeowners
Association:
6. Department Reports:
A. Legal Department:
1. Discussion of City Hall Lease Aareement:
2. Resolution No.
A-greement:
B. Mayors Office:
City Hall Lease
1. City Hall Entryway Art Selection Committee Report and
Recommendation:
7. Items Moved from Consent Agenda:
Meridian City Council Meeting Agenda — December 23, 2008 Page 2 of 2
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.
A meeting of the Meridian City Council wascalledto order at 4:00 p.m., Tuesday,
December 23, 2008, by Mayor Tammy
d.
Members Present: Tammy de Weerd, Charlie Rountree, David Zaremba, Keith Bird,
and Brad Hoaglun.
Others Present: Bill Nary and Jaycee Holman.
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: We will start tonight's meeting -- or this afternoon's meeting. I'm not sure
what it is. I'd like to welcome you, Frank, and Steve, since you're sitting out in the
peanut gallery. For the record, it is Tuesday, December 23rd. It is 4:00 p.m. and we
will start with roll call attendance. Madam Clerk.
Item 2: Pledge of Allegiance:
De Weerd: Item 2 is our pledge of allegiance. If you will all rise and join us in the
pledge.
Item 3: Community Invocation by Darrell Taylor with Ten Mile Christian
Church:
De Weerd. Okay. I don't see Darrell Taylor with the Ten Mile Christian Church.
Item 4: Adoption of the Agenda:
De Weerd: So, we will go ahead and skip to Item 4, which is the adoption of the
agenda.
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: On the Consent Agenda, Item B, there has been a request to withdraw that
from this and table it until January 13th. So, Item B will be removed. Item D, the
resolution number is 08-640. And, then, under Department Reports, Item 6-A-2, the
resolution number there is 08-641. And with that I move we adopt the agenda.
Meridian City Council Special Meeting • •
December 23, 2008
Page 2 of 8
Hoaglun: Second.
De Weerd: Okay. I have a motion and a second to adopt the agenda. All those in
favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5; Consent Agenda:
A. Findings of Fact and Conclusions of Law for Approval: 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:
C. Findings of Fact and Conclusions of Law for Approval: RZ 08-
006 Request for Rezone of 1.39 acres from I -L to C -G zone for
Lanark Property by Patrick McKeegan — 3131 and 3163 E.
Lanark:
D. Resolution No. 08-640 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:
E. Change Order No. 1 for Well 14 Pump Replacement with Layne
of Idaho, Inc. for $1,596.00:
F. Approve Bid Results and Award to Pipeline Inspection
Services for FY09 Sewer Line Cleaning and CCN for the not to
exceed amount of $75,893.50:
G. Memorandum of Understandina Addendum for Whitestone
Subdivision Lift Station with Whitestone Homeowners
Association:
De Weerd: Okay. Item 5 is the Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Meridian City Council Special Meeting •
December 23, 2008
Page 3 of 8
Zaremba: Having noted that we are moving -- removing
that Item D, the resolution number is 08-640, 1 move
Agenda and for the Mayor to sign and the Clerk to attest.
Hoaglun: Second.
Item B until January 13th and
that we approve the Consenl
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If
there is no discussion, Madam Clerk, will you call roll.
Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Legal Department:
1. Discussion of City Hall Lease Agreement:
2. Resolution No. 08-641 City Hall Lease
Agreement:
De Weerd: Okay. Under Department Reports we will start tonight's report with the legal
department.
Nary: Thank you, Madam Mayor, Members of the Council. We have in front of you the
City Hall lease agreement for the second floor lease space to Congressman elect
Minnick. On your packet I also have hard copies, if you want to look at the hard copy
instead, but we do have the lease returned by the Congressman elect and signed by
him. There were a couple of changes. I think we mentioned that at the last Council
meeting. These were all fairly minor. They were, basically, conflicts between our
standard lease agreement and the federal requirements in regards to indemnification or
noticing and damage claims and those kinds of things. So, it's now in alignment with
that. They have signed it. There is a resolution that is also a part of your packet that
needs to be approved as well to enter into the lease, but, otherwise, it's ready to go.
De Weerd: Thank you, Mr. Nary. Council, any questions?
Bird: I have none.
Rountree: I have none.
De Weerd: Okay. I will need a motion to approve the City Hall lease agreement.
Meridian City Council Special Meeting • •
December 23, 2008
Page 4 of 8
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I move we approve resolution number 08-641, City Hall lease agreement with
Congressman Walt Minnick.
Hoaglun: Second.
Zaremba: Second.
De Weerd: Okay. I have a motion and a second. Any discussion? Hearing none,
Madam Clerk, will you call roll.
Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: Okay. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
B. Mayors Office:
1. City Hall Entryway Art Selection Committee Report and
Recommendation: Approve Come back in 2 weeks with
Contract
De Weerd: Okay. Item 2.
Nary: Madam Mayor, Members of the Council, the resolution is just a standard
requirement by the state code to authorize the use of that space for other than city
services, so that also needs to be approved as well.
Rountree: I thought that was in the motion.
Bird: That was in the motion.
Zaremba: Yeah. I thought that's what we just did.
Bird: We did them both. I thought we was going to do both of them at the same time.
Nary: And you may have. I didn't hear that. I thought you were just approving the
least, but --
De Weerd: I didn't either.
Meridian City Council Special Meeting •
December 23, 2008
Page 5 of 8
Bird: Yeah. I give the resolution number, too, Bill.
Nary: Oh. Okay. I missed that, so --
Bird: The lease agreement with them, plus the resolution number.
Nary: Okay. Then, my error. Then, you're fine.
Bird: Okay.
De Weerd: Okay. Well, I guess we will move on. I was appointed to do this report
without any information to give you. I was at the meeting and would tell you that the Art
Selection Committee did choose -- and I'm trying to find the names of those artists.
Rountree: Mrs. Conger.
De Weerd: Yeah. Mrs. Conger. I -- Amber.
Rountree: Amber.
De Weerd: Amber Conger. She did the metal piece that depicted appropriately the -- a
lot of the symbols of Meridian with the prime meridian as it's depicted. A lot of the tools
of surveying and she will use a variety of metalwork. She was the unanimous choice of
the selection committee and so tonight we are asking your approval, confirmation of this
committee's recommendation to award this to Amber Conger. And if you would like me
to go through some of the meaning of her piece, I would be more than happy to.
Bird: Have we seen it, Mayor? I think we have, wasn't it? Wasn't it --
De Weerd: Yeah. It's --
Hoaglun: A model.
De Weerd: It's this -- you just a miniature --
Bird: That's right.
Rountree: And the compass and some surveying --
De Weerd: Yeah. And she will be using -- like -- like Councilman Rountree just said, it's
an abstract interpretation of antique surveying equipment and compasses, composed of
steel, copper, stainless steel draft and aluminum. And it will be suspended over the
main lobby by galvanized steel cable and it's -- it's still untitled, but I think that she has
come up with a title. I -- it wasn't discussed at that time. There is a companion piece
and we are looking to be able to do a ceremonial in, I believe, the end of June. How is
that for off the cuff?
Meridian City Council Special Meeting • •
December 23, 2008
Page 6 of 8
Nary: Madam Mayor?
De Weerd: Any questions? Yes, Mr. Nary.
Nary: Madam Mayor, Members of the Council -- and just, I guess, for the rest of that,
what we will do is if after you -- if you choose to award this to the artist, then, we will
negotiate with her a contract for the terms of the city accepting that artwork and it will
probably be very similar to the ones we have done for the other paintings that we hung
in City Hall, which, basically, once the city's purchased the art piece it belongs to the
city, they -- the city can choose to hang it in that location for as long as it wants. Move it
to a different location at any point in the future. We can choose to do whatever we want
with it. So, that will probably be a week or two and you will have that back on your
agenda for that final approval and, then, the artist can go forward and -- to what -- the
time table the Mayor talked about.
De Weerd: So, Mr. Nary, do we need to have a resolution on our next agenda to
approve this contract or will you have a contract?
Nary: Madam Mayor, Members of the Council, no, if -- today the -- you can vote by
voice vote to approve the recommendation to award the art selection to the artist that
was chosen by the Arts Commission. Then, we will bring a contract back to you. It will
probably -- with the holidays, it will probably be two weeks to get that done and we will
have it -- as long as there is no hitches, which I wouldn't imagine. All the conditions
were in the bid process,. so I would imagine it will be two weeks and, then, you will have
that contract in front of you and, then, it can go forward from there.
De Weerd: Thank you. Okay. I know the committee was really impressed with the
amount of research that this artist did on our community and really tried to make her
abstract form relevant to the history and also as we look towards the future. I know not
many of you got underneath the piece of art to look up and see what it will actually look
like as you enter into the lobby and that is one of the things that we did when we were
selecting the art is we carried that thing around and looked at what it would look like
underneath. And I know that she selected that on her board -- on her information board,
but it's going to be a stunning piece for City Hall. So, I guess, Council, what I'm asking
for you is confirmation of the recommendation from the Art Selection Committee.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the recommendation made by the Arts Commission
-- Committee on entryway art piece to Amber Conger.
Zaremba: Second.
Meridian City Council Special Meeting
December 23, 2008
Page 7of8
De Weerd: Okay. I have a motion and a second. Any discussion?
Hoaglun: Madam Mayor, sometimes when it comes to artwork every one of us can be
in over our heads sometimes. But I'm glad to see you guys did it the right way, so --
De Weerd: What a good piece of discussion that was. I would say --
Bird: I second that, Brad.
De Weerd: And it's too bad I don't have the numbers, but I think we had well over 1,200
responses to this. So, we did get a good degree of public participation. Okay. Madam
Clerk, will you, please, call roll.
Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 7: Items Moved from Consent Agenda:
De Weerd: Okay. There were no items moved from the Consent Agenda and that
means we are at the end of our agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Before I make a motion to adjourn, I thank everybody for the gift and we wish
everybody a Merry Christmas and a Happy New Year and hope 2009 is as good as
2008 has been for us in the City of Meridian. With that I move we adjourn.
Rountree: And I will second that with the same thank you to everybody for this year and
Happy Holidays and Merry Christmas to everybody.
De Weerd: Thanks. And a healthy holiday. Okay. All those in favor of adjourning say
aye. All ayes.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Go Broncos.
MEETING ADJOURNED AT 4:12 P.M.
Meridian City Council Special Meeting •
December 23, 2008
Page 8 of 8
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
---74-4�1 Oj,OU, Oc,
MAYOR TA de WEERD DATE APPROVED
ATTEST:
JAYCEE . HC1,�AI�► 'L�.�K
SEAL
'•gyp c�sr is'� • � .
,,COUNT -i
December 19, 2008 RZ 08-004
MERIDIAN CITY COUNCIL MEETING December 23, 2008
APPLICANT Primeland Development Company, LLP ITEM NO. 5-A
REQUEST Findings for Approval -- Request for a Rezone of 93.64 acres from L -O
and R-4 to'C-G, L -O, C -C and R-15 zones for Volterra Mixed Use — west of North
Ten Mile Road and north of West 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:
COMMENTS
See attached Findings
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
•
l
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
0
In the Matter of the 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)(20.0 acres) and Request to Modify the Recorded
Development Agreement for Volterra Subdivision and Create a New Development
Agreement for a Mixed Use/Commercial Employment Area, by Primeland Development
Company, LLP.
Case No(s). RZ-08-004 and MDA -08-002
For the City Council Hearing Date of: November 5 and 25, 2008 (Findings on the
December 9, 2008 City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 25, 2008,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 25, 2008,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
November 25, 2008, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of November 25, 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-08-004 & MDA -08-002
-I-
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Concept Plan and Development
Agreement provisions in the attached Staff Report for the hearing date of November 25,
2008, incorporated by reference. The conditions are concluded to be reasonable and the
applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Rezone request as evidenced "by having submitted the legal description
and exhibit map prepared by Peter W. Lounsbury, PLS, dated 8/05/08, is hereby
conditionally approved; and,
2. A Development Agreement is required with approval of the subject Rezone application
and shall include the provisions noted in the attached Staff Report for the hearing date
of November 25, 2008, incorporated by reference.
D. Attached: Staff Report for the hearing date of November 25, 2008.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-08-004 & MDA -08-002
-2-
• 0
By action of the City Council at its regular meeting held on the day of
2008.
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER BRAD HOAGLUN
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
Attest:
Copy served upon
Attorney.
VOTED
VOTED
VOTED /�—
VOTED��,o�—.
VOTED
Y
r Tammy eerd
®���f�i�','
�`° Cj' G0��4 TFC '''•
ity Cleik oma'
Applicant,'06b rtment, Public Works Department and City
Dated: —��
ity Cler 's AOffice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-08-004 & MDA -08-002
-3-
CITY OF MERIDIAN PLANNING DORTMENT STAFF REPORT FOR THE HEARING A OF NOVEMBER 25, 2008
STAFF REPORT Hearing Date: November 25, 2008
(Continued from November 5, 200 8)
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
(208) 884-5533
SUBJECT: Volterra Mixed Use
RZ-08-004
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)(20.0 acres), by
Primeland Development Company, LLP.
• 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, by Primeland Development Company,
LLP.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Primeland Development Company, LLP has applied for a Rezone (RZ) 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)(20.0 acres). Concurrently, the
applicant has submitted a development agreement modification to amend the current DA governing
the site and requests a new development agreement subject to the proposed mixed use employment
area. The total area proposed for development is approximately 111 acres. A portion of C -G zoned
property (approximately 15 acres in the northwest corner of McMillan and Ten Mile) is not part of
the rezone request; however, that property is subject to the new DA requested by the applicant.
A conceptual development plan has been submitted showing how the site may develop as a large
scale business park (34 buildings and 2 pad sites excluding the multi family development) consisting
of a private hospital or other large employer, large box and small scale retail, professional and
personal services, restaurants, nursing care facility and 50-75 unit multi -family development.
In 2005, the subject property was annexed and zoned, preliminarily platted, and approved as Volterra
Subdivision; a mixed use planned development with a mix of commercial, office and residential uses.
The site is located on the northwest corner of W. McMillan Road and N. Ten Mile Road and extends
north to the mid -mile of N. Ten Mile Road.
On August 14, 2008, the Planning and Zoning Commission recommended approval of a
Comprehensive Plan Map Amendment application to change a future land use designation for
approximately 94 acres from Medium Density Residential to Mixed Use- Community. Approval of
the subject applications is contingent upon City Council approval of CPA -08-003.
Volterra Mixed Use RZ-08-004 and MDA -08-002 PAGE 1
CITY OF MERIDIAN PLANNING DORTMENT STAFF REPORT FOR THE HEARING * OF NOVEMBER 25, 2008
2. SUMMARY RECOMMENDATION
The subject applications (RZ-08-004 & MDA -08-004) were submitted to the Planning Department
for concurrent review. Staff has provided a detailed analysis of the requested RZ and MDA
applications below. Staff recommends approval of RZ-08-004 and MDA -08-002 for Volterra
Mixed Use Project, as presented in the Staff Report for the hearing date of October 2, 2008,
based on the Findings of Fact as listed in Exhibit D and subject to the conditions listed in
Exhibit B. Note: The Commission is not required to make a recommendation on the Development
Agreement modification request (AOA -08-002). The Meridian Planning & Zoning Commission
heard this item on September 18 and October 2 2008 At the October 2, 2008 public hearing the
Commission voted to recommend approval of the subiect RZ request.
a. Summary of Commission Public Hearing:
LIn favor: Cornel Larson
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: Pete Friedman
b. Key Issue(s) of Discussion by Commission:
i. None
c. Key Commission Change(s) to Staff Recommendation:
i. The applicant has provided a new legal description and exhibit may referencing the
remaining acreage subiect to the original Volterra development agreement.
d. Outstanding Issue(s) for City Council:
i. None
Volterra Mixed Use RZ-08-004 and MDA -08-002 PAGE 2
3 FU
Volterra Mixed Use RZ-08-004 and MDA -08-002 PAGE 2
CITY OF MERIDIAN PLANNING DOTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 25, 2008
3. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-08-
004 and MDA -08-002 as presented in the staff report for the hearing date of November 25, 2008, with
the following modifications: (add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-08-004
and MDA -08-002, as presented during the hearing on November 25, 2008, for the following reasons:
(You should state specific reasons for denial of the rezone.)
Continuance
I move to continue File Numbers RZ-08-004 and MDA -08-002 to the hearing date of (insert
continued hearing date here) so the Planning Department can draft conditions for approval (you
should state any other reasons for continuance).
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
The site is generally located on the northwest corner of N. Ten Mile Road and W. McMillan
Road
Southeast 1/4 of Section 27, Township 4 North, Range 1 West
b. Owners:
Primeland Development Company, LLP
3120 W. Belltower Drive, Suite 100
Meridian, Idaho 83646
c. Applicant:
Same as Owner
d. Representative:
Chuck Christensen, Quadrant Consulting, Inc.
1904 W. Overland Road
Boise, Idaho 83705
e. Present Zoning: R-4 and L -O
f. Present Comprehensive Plan Future Land Use Map Designation: Medium Density Residential (A
request to change approximately 94 acres from Medium Density Residential to Mixed Use -
Community designation has been forwarded on to City Council with a Commission
recommendation for approval.)
g. Applicant's Statement/Justification (reference submittal material): "The applicant submitted an
application to the City to reclassify approximately 94 acres of this property from Medium Density
Residential to Mixed Use — Community. This application seeks to further implement the concept
plan for these 94 acres by rezoning the property from R-4 and L -O to a variety of zoning
classifications that are appropriate for a Mixed Use -Community comprehensive plan designation.
The propose zoning classifications are: C -G (General Retail and Service Commercial), L -O
(Limited Office), C -C (Community Business) and R-15 (Medium -High Density Residential).
Volterra Mixed Use RZ-08-004 and MDA -08-002 PAGE 3
CITY OF MERIDIAN PLANNING DI)ARTMENT STAFF REPORT FOR THE HEARING DTE OF NOVEMBER 25, 2008
The concept plan for the site includes approximately 35 acres of C -C area. This area forms the
core of the site. This will be Volterra's Business Park employment center. The Volterra Business
Park already includes about 15 acres of C -G area at the northwest comer of McMillan and Ten
Roads, which is not part of this application. The C -G portion however is expanded approximately
25 acres and surrounds the existing C -G area and extends to the north along Ten Mile Road. The
existing Volterra Subdivision includes 10 acres of L -O area that surrounded the existing C -G
area. The concept plan essentially shifts this area to the northern boundary of the project to
provide a transitional buffer/use between the future residential to the north and the C-C/C-G
areas. The proposed R-15 zone is envisioned to be used for senior/assisted living facility and/or
skilled nursing facility. This area also acts as a transitional use for the proposed residential areas
to the west.
The proposed project is designed as a pedestrian friendly, campus style project. The proposed
zoning classifications for Volterra Business Park will help implement the site's comprehensive
plan designation of Mixed Use -Community. It will also help the area develop as a business
enterprise corridor and provide Meridian residents with family wage jobs." See applicant's
narrative for more information.
5. PROCESS FACTS
a. The subject application will in fact constitute a rezone as determined by City Ordinance. By
reason of the provisions of the Unified Development Code, Title 11, Chapter 5, a public hearing
is required before the Commission and City Council on this matter.
b. The subject application will, in fact, constitute a development agreement modification as
determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a
public hearing is required before the City Council on this matter.
C. Newspaper notifications published on: September 1, and September 15, 2008 (Commission);
October 13 and 27, 2008 (City Council)
d. Radius notices mailed to properties within 300 feet on: August 22, 2008 (Commission); October
10, 2008 (City Council)
e. Applicant posted notice on site by: September 19, 2008 (Commission); October 21, 2008 (City
Council
6. LAND USE
a. Existing Land Use(s): The subject property is currently vacant agricultural land.
b. Description of Character of Surrounding Area: The surrounding area is currently agricultural in
nature except along the eastern portion of site there is single family residential.
c. Adjacent Land Use and Zoning
1. North: Future single-family, Bainbridge Subdivision; zoned R-8
2. East: Mixed-use, Verona Subdivision, zoned R-8, L -O and C -G
South: Mixed-use, Volterra South, zoned C -G and R-4
4. West: Future single-family, Volterra North and Agricultural property; zoned R-4 and RUT
(Ada County)
d. History of Previous Actions: In 2005, the subject property was annexed and zoned (AZ -05-040),
preliminarily platted (PP -05-039), and approved as a mix use planned development for
commercial, office and single family residential called Volterra Subdivision (CUP -05-041). As
Volterra Mixed Use RZ-08-004 and MDA -08-002 PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 25, 2008
part of the annexation approval, the site was subject to a DA (instrument # 106034786). On
August 14, 2008, the Planning and Zoning Commission recommended approval of a
Comprehensive Plan Map Amendment application to change a future land use designation for
approximately 94 acres from Medium Density Residential to Mixed Use- Community.
e. Existing Constraints and Opportunities:
1. Public Works
Location of sewer: N Ten Mile road & W McMillan Road.
Location of water: N Ten Mile road & W McMillan Road.
2. Vegetation: This site is primarily used for growing agricultural products.
3. Flood plain: This property is not within a floodway or floodplain.
4. Canals/Ditches Irrigation: The McMillan Lateral transverses through the property.
5. Hazards: Staff is not aware of any potential hazards on this site.
6. Proposed Zoning: R-15, L -O, C -C & C -G
7. Proposed Comprehensive Plan Future Land Use Map Designation: Mixed Use — Community
8. Size of Property: 93.64 acres
f. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): On the
submitted conceptual development plan, the applicant is showing two full access points and one
right-in/right-out access point on N. Ten Road and three full access points on W. McMillan Road.
Two of the three access points to N. Ten Mile Road and one access point to W. McMillan Road
are driveways for the general commercial portion of the development. The remainder of the
access points are proposed as public streets.
7. COMMENTS MEETING
On August 29, 2008, Planning Staff held an agency comments meeting. The agencies and
departments present include: Meridian Fire Department, Meridian Public Works Department,
Sanitary Service Company, and Meridian Police Department. Staff has included all comments and
recommended actions in the attached Exhibit B. Staff has included all comments and recommended
actions and provisions for the new development agreement attached in Exhibit B.
8. COMPREHENSIVE PLAN
This property is currently designated "Medium Density Residential" on the Comprehensive Plan
Future Land Use Map. On August 14, 2008, the Commission forwarded on a recommendation for
approval to the City Council to change the future land use map from a Medium Density Residential
designation to a Mixed Use —Community designation (see CPA -08-003). Therefore, Staff has
analyzed the subject request using the Mixed Use -Community guidelines, not the Medium Density
Residential guidelines. Approval of the subject applications are subject to City Council approval of
CPA -08-003.
The purpose of the Mixed Use areas, as defined on page 102 of the Comprehensive Plan, is as
follows, "There are five sub -categories of the Mixed Use designation. Generally, the designation will
provide for a combination of compatible land uses that are typically developed under a master or
conceptual plan. The purpose of this designation is to identify key areas which are either infill in
nature or situated in highly visible or transitioning areas of the city where innovative and flexible
design opportunities are encouraged. The intent of this designation is to offer the developer a greater
degree of design and use flexibility."
Volterra Mixed Use RZ-08-004 and MDA -08-002 PAGE 5
CITY OF MERIDIAN PLANNING DOTMENT STAFF REPORT FOR THE HEARING A OF NOVEMBER 25, 2008
The pending "Mixed Use — Community" designation allows up to 25 acres of non-residential uses, up
to 200,000 square feet of non-residential building area and residential densities of 3 to 15 dwelling
units to the acre. In Mixed Use — Community areas that are not Neighborhood Centers, over 25 acres
of non-residential uses shall be permitted through the CUP process. Per the conceptual development
plan, the site may develop as a large scale business park consisting of a private hospital or other large
employer, large box and small scale retail, professional and personal services, restaurants, nursing
care facility and multi -family development. The concept plan relocates 10.70 acres of office area
(approved with the PD) along the northern boundary area to buffer the future residential uses to the
north. Of the remaining 85 acres, 20 acres is expected to develop with a 50-75 unit multi -family
development and a nursing care facility. The remaining 62.94 acres is expected to develop as an
employment center with the associated support uses (retail, restaurants, personal services etc.) Staff
believes the application is generally consistent with the Mixed Use -Community designation proposed
for the property.
Idaho Code 67-6508 states that "the plan shall consider previous and existing conditions, trends,
desirable goals and objectives, or desirable future situations for each planning component." Staff has
reviewed the subject RZ application and offers the analysis and recommendations contained herein
for the Commission and the City Council's consideration. Please see Exhibit D for detailed analysis
of the required findings for a rezone.
Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive
Plan to be applicable to this application (staff analysis is in italics below policy):
Chapter VII (page 103), Bullet 8 "All mixed use projects shall be directly accessible to
neighborhoods within the section by both vehicles and pedestrians."
The applicant has submitted a concept plan illustrating the alignment of proposed roads and
driveways with existing and future roadways and driveways. In addition, the applicant is showing
the extension of roadways to the north (Bainbridge) for vehicular connectivity. The Meridian
Pathways Plan depicts a pathway transversing through the property. The applicant is proposing
to install this pathway and connect to the existing pathway which is terminated at the northwest
corner of the Verona Subdivision located on the east side of Ten Mile Road. In addition, the
internal pathways are proposed through out the development that should provide future
connectivity within the development and the future residential to the west and north. Staff is
supportive of the pedestrian and vehicular connectivity as proposed.
Chapter VII (page 102), Bullet 5, "Where the project is developed adjacent to low or medium
density residential uses, a transitional use is encouraged."
The subject site is located adjacent to land that is designated for medium density residential uses.
On the submitted concept plan, the applicant is proposing to transition between the mix of uses
within the development and the medium density residential to the north and west. Office uses are
proposed along the northern boundary and residential uses (nursing care facility and multi-
family) are proposed along the western boundary. Staff believes the applicant has done a nice job
of buffering the residential uses from the more intense commercial uses located at the corner of
Ten Mile Road and McMillan Road..
• Chapter V, Goal I, Objective A, Action 17 — Coordinate with ACHD to improve traffic flow and
minimize vehicle time spent idling and accelerating.
The applicant is currently constructing improvements at the intersection of Ten Mile Road and
McMillan Road, including a new signal and turn lanes, and construction is scheduled for
Volterra Mixed Use RZ-08-004 and MDA -08-002 PAGE 6
CITY OF MERIDIAN PLANNING DORTMENT STAFF REPORT FOR THE HEARING DRE OF NOVEMBER 25, 2008
completion in November, 2008. AChD will reimburse the developer for these improvements, but
without this public/private partnership the construction of this intersection would not occur
within the span of the adopted Five Year Work Program.
Chapter V, Goal III, Objective D, Action 5— Require all commercial and industrial businesses to
install and maintain landscaping.
A 25 foot wide landscape street buffer will be required along Ten Mile Road and McMillan Road.
The proposed collector streets will require a 20 foot wide landscape buffers in accordance with
the standards listed in UDC I1 -3B-7. Internal parking lot landscaping will also be required in
accordance with the standards listed in UDC 11-3B-8.
• Chapter VI, Goal II, Objective A, Action 6 — Require street connections between subdivisions at
regular intervals to enhance connectivity and better traffic flow.
The applicant is proposing two stub streets to the north which should provide future connectivity
with the approved Bainbridge Subdivision to the north of this site.
Chapter VII, Goal III, Objective A, Action 1 (page 111) — Ensure that adequate public services,
including transportation, for existing and future development are provided.
City services are currently available to the subject property. The Developer will be responsible to
design and construct any new infrastructure needed to support the proposed development.
• Chapter VII, Goal IV— Encourage compatible uses to minimise conflicts and maximize use of
land.
This area of the City is predominantly residential in nature. However the concept plan transitions
well between residential and office uses to the more intense commercial uses proposed at the
corner and internal to the development. In addition, open space amenities are provided
throughout the development to provide interconnectivity. Staff believes the proposed development
would be compatible with the surrounding residential neighborhoods.
• Chapter VII, Goal IV, Objective D, Action 2 — Restrict curb cuts and access points on collectors
and arterial streets.
Access points proposed with this application align with existing and future access points.
Furthermore, the applicant has proposed a street layout that provides future connectivity with the
residential to north and west of the site. Said street layouts are generally consistent with the
Volterra Subdivision approved in 2005.
Chapter VII, Goal I, Objective B, Action 5 (page 109) — Locate new community commercial
areas on arterials or collectors near residential areas in such a way as to complement with
adjoining residential areas.
A portion of this site, at the corner of McMillan Road and Ten Mile Road, was approved for
office and commercial development in 2005.At that time the applicant did not have a clear vision
for how the site would develop. Now, the applicant is proposing to develop approximately 111
acre Business Park to be supported with a mix of residential uses, commercial uses and offices
uses. The future residential along the west and north boundaries will be buffered by office and
residential uses. In addition, the placement of the buildings on the site have been designed to
eliminate a sea of parking to be seen from the adjoining arterials. Open space amenities are
proposed with the development for future employees in this area to use during break times.
Volterra Mixed Use RZ-08-004 and MDA -08-002 PAGE 7
CITY OF MERIDIAN PLANNING DIARTMENT STAFF REPORT FOR THE HEARING O OF NOVEMBER 25, 2008
Furthermore, the applicant is extending pathways into the development to add the pedestrian
connectivity. Staff believes the applicant has put considerable thought into the design of this mix
use development and believes it would complement the surrounding residential neighborhoods.
• Chapter VI Goal V, Objective A, Action 2: Insure that high-quality emergency care, primary,
outpatient, home and log -term care and other types of health care are provided in the community.
The submitted site plan depicts a nursing care facility and a private hospital on the site. Staff
believes these uses would add quality health care in this area of the City.
Staff recommends that the Commission and Council rely on any verbal or written testimony that may be
provided at the public hearing when determining if the applicant's development request is appropriate for
this property.
9. UNIFIED DEVELOPMENT CODE
a. Commercial Schedule of Use Control: UDC 11-213-2 lists uses that are principal permitted (P),
accessory (A), and conditional (C) or prohibited (-) uses within the proposed L -O, C -C and C -G
zoning districts.
b. Purpose Statement of Zone (UDC 11-2B-1): The purpose of the commercial districts is to provide
for the retail and service needs of the community in accord with the Meridian Comprehensive
Plan. Four (4) districts are designated which differ in the size and scale of commercial structures
accommodated in the district, the scale and mix of allowed commercial uses, and the location of
the district in proximity to streets and highways.
c. Dimensional standards for the L -O, C -C and C -G zoning districts, per UDC Table 11-213-3:
Volterra Mixed Use RZ-08-004 and MDA -08-002 PAGE 8
CITY OF MERIDIAN PLANNING DARTMENT STAFF REPORT FOR THE HEARING # OF NOVEMBER 25, 2008
ing requirements ',See chapter 3, article B, "Landscaping
lRequirements", of this title
Notes:
1. All setbacks shall be measured from the ultimate right of way for the street classification as
shown on the adopted transportation plan.
2. Minimum setback only allowed with reuse of existing residential structure.
3. Where the adjacent property is vacant, the director shall determine the adjacent property
designation based on the comprehensive plan designation.
4. Subject to design guidelines in ten mile interchange specific area plan.
d. Residential Schedule of Use Control: UDC Table 11-2A-2 lists multi -family developments and
nursing care facilities as conditional uses in an R-15 zoning district.
e. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of
housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City
of Meridian water and sewer systems is a requirement for all residential districts. Residential
districts are distinguished by the allowable density of dwelling units per acre and corresponding
housing types that can be accommodated within the density range.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
REZONE: The applicant is proposing to rezone 93.64 acres from R-4 and L -O zoning districts to
the R-15, L -O, C -C and C -G zoning districts. A majority of the site is slated for large scale mixed
use development. On August 14, 2008 the Planning and Zoning Commission acted on a
Comprehensive Plan Map Amendment to change approximately 94 acres from the Medium Density
Residential designation to the Mixed Use -Community designation. It is important to note the
development proposed for this site is contingent upon City Council approval of the applicant's CPA
request (CPA -08-003).
The annexation legal description prepared by Peter W. Lounsbury, PLS, dated 8/05/08 and submitted
with the application, is accurate and meets the requirements of the City of Meridian and State Tax
Commission.
Conceptual Site Plan: The applicant submitted a conceptual site plan showing how the property
may develop in the future as a large scale business park (approximately 111 acres with 34 buildings
and 2 pad sites excluding the multi family development) consisting of a private hospital or other
large employer, large and small scale retail, professional and personal services, restaurants, hotel, a
nursing care facility and a 50-75 unit multi -family development. NOTE: the multi family
development and nursing care facility require CUP approval prior to establishing the use on the
site.
A portion of the subject site was approved for 25 acres of commercial and office uses in 2005 under
a mixed use planned development. The concept plan relocates 10.70 acres of office (L -O zone) along
the northern boundary area to buffer the future residential uses to the north. Of the remaining 85
acres, 20 acres (R-15 zone) are expected to develop with a 50-75 unit multi -family development and
a nursing care facility. The remaining 62.94 acres (C -C and C -G zones) are expected to develop as
an employment center with the associated support uses (retail, restaurants, personal services, hotel,
medical facility etc.). The site is expected to house approximately 1.4 million square feet of non-
residential and residential uses on the site.
Volterra Mixed Use RZ-08-004 and MDA -08-002 PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 25, 2008
Access to this development becomes a major factor for a development of this size. The applicant is
proposing to construct two full access points and one right-in/right-out access point on W. McMillan
Road and three full access points on N. Ten Mile Road. Two of the three access points to N. Ten
Mile Road and one access point to W. McMillan Road are driveways for the general commercial
portion of the development. The Meridian Police Department has expressed they would like the
access point to N. Ten Mile just north of McMillan Road be restricted to a right-in/right-out
access as depicted on the submitted plan. The remainder of the access points (three total) are
proposed as public streets (roadways) and all access points align with future and existing roadways
and driveways that surround the site.
The public streets (roadways) depicted on the concept plan (three north/south roadways and two
east/west roadways) provide connectivity and a transition to the future residential development to
the north and west. In addition, theses roadways also provide internal connectivity which limits the
need for additional access points to the arterial streets. Further, the parking and drive aisles have
been designed to reduce vehicular trips on the adjacent roadways and helps enhance the pedestrian
environment of the development. It is important to note some of the pad sites/ buildings do not front
on any roadways; therefore cross access should be required in the future once development occurs
on the site.
On the submitted concept plan, the applicant has provided pedestrian connectivity through out the
proposed development. Five plaza areas are depicted on the plan and all are linked with a
meandering pathway. The intent of this design is to reduce the number of vehicle trips generated and
encourage pedestrian and cycling traffic within the development.
Building Elevations: The applicant has submitted photos illustrating how future buildings may be
constructed on the site. These photos are representative of how the applicant proposes to market the
development and the types of uses proposed for the development. The photos include examples of
large box retail, hotel, medical facilities (assisted living, skilled nursing, and health care), retail and
general business/office buildings.
The building materials shown in these photos appear to be constructed of high quality materials.
Building materials include split face block, stucco, stone, wood, and brick. Design features include
highlighted entrances, color variation, modulation in the building facades, substantial glazing,
varying parapet heights and roofline modulation with different roof styles (pitched and flat). Staff is
supportive of the submitted photos submitted with this application and future buildings should
generally comply with these photos/materials per the proposed DA.
Meridian Pathways Master Plan: The Meridian Master Pathway Plan has identified a pathway to
transverse through the northern portion of the property. This portion of the pathway is part of the
Meridian Loop Pathway and is to be constructed by development, based on the text of the pathway
plan. The applicant is proposing to extend the pathway through the site along the east/west public
street to the north which links to the future park site to the west of this site. Further, a pathway is
proposed from McMillan Road and transverses north and turns west though the residential portion of
the development and connects to the future park site in the residential area of Volterra as well. Staff
believes the applicant has met the intent of the pathways plan and is supportive of the pathway
location as proposed however; the applicant should coordinate with the Parks Department to
facilitate the actual design and exact location of the pathways.
Landscaping: Upon platting the property, the applicant will be required to install the required
landscape buffers. The internal parking lot landscaping requirements will be assessed at CZC
submittal; however, the applicant may submit for CZC without platting the property. All of the
Volterra Mixed Use RZ-08-004 and MDA -08-002 PAGE 10
CITY OF MERIDIAN PLANNING DVARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 25, 2008
perimeter landscaping along a parcel will be required to be installed prior to occupancy of the
building.
Certificate of Zoning Compliance (CZC): The applicant shall be responsible to obtain a CZC
permit from the Planning Department for all new construction on the site, prior to issuance of
building permits.
DEVELOPMENT AGREEMENT (DA) MODIFICATION: As mentioned earlier, a DA was
required when the subject site was annexed into the City. The Development Agreement currently
governing development of this site was recorded for Volterra Subdivision on March 7, 2006, as
Instrument No. 106034786, records of Ada County Idaho. The applicant is proposing a first
amendment to the DA by amending Section 3 "Definitions" modifying sub -section 3.4 "Property"
excluding the Volterra Mixed Use properties (111 acres as shown with the attached exhibits) of the
recorded Volterra DA. The existing legal descriptions and exhibit map tied to the original DA
should be replace with a new legal description and exhibit map referencing the remaining
area/acreage that will remain subject to the existing Volterra DA. Said exhibits and
descriptions should include the remaining R-4 zoned property north of McMillan and the
Volterra South property located south of McMillan and should be provided to staff prior to
the City Council hearing. Then a new DA should be drafted governing development of the 111
acre mixed use area of the project.
The applicant has provided staff with a legal description and exhibit map depicting the development
area subject to the new development agreement attached in Exhibit A.5. The original Volterra
Project was approved with approximately 54 acres of non-residential uses and includes the
southwest comer of McMillan Road and Ten Mile Road (Volterra South). The new project
incorporates approximately 111 acres with a greater variety of uses. Staff is supportive of the
applicants request for a new DA, as the proposed project is substantially different from what was
approved in 2005.
Prior to rezone ordinance approval, a DA and a DA amendment shall be entered into between the
City of Meridian, the property owner(s) at the time of ordinance adoption, and the developer. If the
Commission or Council believe that additional or different DA provisions then are provided herein
are necessary to ensure that this property is developed in a fashion that is consistent with the
Comprehensive Plan and does not negatively impact nearby properties, Staff recommends a clear
outline of the commitments of the developer be made. The applicant shall contact the City Attorney,
Bill Nary, at 898-5506, within 12 months of City Council approval to initiate this process. Please be
advised a $303.00 fee will required to process a new development agreement.
Staff recommends that the Council direct the City's Legal Department to draft modifications to the
recorded development agreement for the Volterra Subdivision as follows:
• Section 3 - Definitions
Modify sub -section 3.4 "Property" to remove the described properties attached in Exhibit A of
the original DA and replace with the new legal description and exhibit map attached as Exhibit
A.4 below, which identifies the remaining area/acreage that will remain subject to the existing
Volterra DA (Instrument # 106034786).
The new DA for the 111 acres shall include, at minimum, the following:
1. All future development of the subject property shall comply with City of Meridian
ordinances in effect at the time of development and be generally consistent with the
Volterra Mixed Use RZ-08-004 and MDA -08-002 PAGE 11
CITY OF MERIDIAN PLANNING APARTMENT STAFF REPORT FOR THE HEARING A OF NOVEMBER 25, 2008
conceptual site plan submitted with this application, as determined by the Planning
Director.
2. All future development on the site shall be subject to administrative design review.
3. This site has an existing development agreement, instrument #106034786. The entire
111.19 acres shall be subject to a new development agreement for the Volterra Mixed Use
Project and will no longer be subject to the original Volterra DA.
4. The C -G zoned property shall consist of a minimum of 6 buildings with no one building
exceeding 250,000 square feet. The maximum allowable non-residential square footage
for this portion of the development shall be 558,000 square feet.
5. The C -C zoned property shall consist of a minimum of 11 buildings with no one building
exceeding 200,000 square feet. The maximum allowable non-residential square footage
for this portion of the development shall be 464,000 square feet.
6. The L -O zoned property shall consist of a minimum of 5 buildings with no one building
exceeding 20,000 square feet. The maximum allowable non-residential square footage for
this portion of the development shall be 120,000 square feet.
7. The R-15 zoned property shall consist of a minimum of 3 buildings and a minimum
density of 8 dwellings/beds per acre and a 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.
8. The applicant shall construct five central plaza areas and associated pathway on the site as
generally depicted on the conceptual site plan.
9. All buildings on the site shall be generally consistent in appearance with the attached
photos (large box, health care, hotel, health club, general business, senior living, skilled
nursing, retail) submitted with this application, as determined by the Planning Director.
10. The proposed non-residential and residential buildings shall be constructed with high
quality materials, including but not limited to: split face block, stucco, wood and brick,
with substantial stone accents, four sided architecture: for retail uses one side may not
require full facade treatment if there is screening for the loading area., highlighted main
entrances, stamped decorative concrete, flat roofs, accent metal roofing, composite or tile
roofing materials and variations in colors, roof planes and parapet heights.
11. A minimum 25 -foot wide buffer shall be constructed along W. McMillan Road and N. Ten
Mile Road with 5 -foot detached sidewalk. Any future collector streets shall have a
minimum 20 -foot wide landscape buffers on each side of the street. Any future local
commercial streets shall have a minimum 10 -foot wide landscape buffer. These buffers
shall be designed in accordance with the standards listed in UDC 11-3B-7 and shall be
constructed with platting of the property or with the issuance of the first building permit if
the plat has not been recorded.
12. The applicant shall comply with all landscaping standards described in the UDC, including
but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping.
13. The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC)
permit from the Planning Department prior to all new construction on the subject property.
14. Any future signalization installed as the result of the development of this project shall 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.
15. Driveway access onto Ten Mile Road just north of McMillan Road shall be designed as a
right-in/right-out driveway.
16. The applicant shall coordinate with the Parks Department to facilitate the actual design
and exact location of the pathways in accordance with the standards listed in UDC 11-3B-
8 and 11-3B-12, and the Master Pathways Plan. Said pathway shall be constructed when
the extension of the north east/west roadway is constructed on the site.
Volterra Mixed Use RZ-08-004 and MDA -08-002 PAGE 12
CITY OF MERIDIAN PLANNING D)PARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 25, 2008
17. The applicant shall provide a method for notifying home owners of development plans for
the Volterra Mixed—Use project, as determined by the Planning Director.
b. Staff's Recommendation: Staff recommends approval of RZ-08-004 and MDA -08-002 for
Volterra Mixed Use Project, as presented in the Staff Report for the hearing date of October 2, 2008,
based on the Findings of Fact as listed in Exhibit D and subject to the conditions listed in Exhibit B.
The Meridian Planning & Zoning Commission heard this item on September 18 and October 2,
2008 At the October 2, 2008 public hearing the Commission voted to recommend approval of
the subiect RZ requestCounciLbeard these items on Noy -ember 5
2008 At the public hearing the Council annrovprl the subiect RZ and MDA request.
11. EXRMITS
A. Drawings
1. Vicinity Map
2. Conceptual Site Plan
3. Submitted Photos
4 Legal Description and Exhibit Map of the Area to remain subject to the Original Development
Agreement
5. Legal Description and Exhibit Map of the Area subject to New Development Agreement
B. Agency and Department Comments
C. Legal Descriptions and Exhibit Map
D. Required Findings from the Unified Development Code
Volterra Mixed Use RZ-08-004 and MDA -08-002 PAGE 13
CITY OF MERIDIAN PLANNING DARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 25, 2008
A. Drawings
1. Vicinity Map
Exhibit A i
CITY OF MERIDIAN PLANNING ARTMENT STAFF REPORT FOR THE HEARING * OF NOVEMBER 25, 2008
3. Submitted Photos
Exhibit A
CITY OF MERIDIAN PLANNING DARTMENT STAFF REPORT FOR THE HEARING DXTE OF NOVEMBER 25, 2008
Exhibit A
CITY OF MERIDIAN PLANNING DIARTMENT STAFF REPORT FOR THE HEARING DOE OF NOVEMBER 25, 2008
Exhibit A
CITY OF MERIDIAN PLANNING DVARTMENT STAFF REPORT FOR THE HEARING A OF NOVEMBER 25, 2008
4 Legal Description and Exhibit Map of the Area to Remain subject to the Original Development
Agreement (Instrument # 106034786)
00 Quadrant
Consulting, Inc.
Volterra Subdivision Development Agreement Boundary
A parcel of land situated in the North 1/2 of the Northeast 1A of Section 34 and the South 1/2 of Section 27, Township 4
North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows;
Commencing at the Section comer common to Section 26, 27, 34 and 35 of said Township and Range, said point
being the POINT OF BEGINNING; thence along the east line of the Northeast''/4 of said Section 34
South 000 52' 47" West 1315.58 feet to the Southeast comer of the North %2 of said Northeast 1/4; thence along the
south line of said North 1/2 of the Northeast Y4
North 891 06' 30" West 2651.08 feet to the Southwest comer of said North 1/2 of the Northeast 1/4; thence along the
West line of said North '% of the Northeast Y.
North 00° 43'45" East 1323.31 feet to the 1/4 comer common to said Sections 27 and 34; thence along the West line
of the Southeast % of said Section 27
North 00" 28'37" East 644.85 feet to the Southeast comer of Lot 7, Block 2 of Black Cat Estates No. 2 Subdivision
as same is recorded in Book 32 of plats at Page 1945, records of Ada County, Idaho; thence along the East line of
said Lot 7
North 00" 19140" East 660.00 feet to the Northeast corner of said Black Cat Estates No. 2 Subdivision; thence along
the North line of said Black Cat Estates No. 2 Subdivision
North 89° 18' 01" West 1261.91 feet; thence leaving said North line
North 12° 4757" West 206.21 feet; thence
North 88" 1 P 16" West 896.71 feet; thence
North 50" 5P 36" West 89.06 feet; thence
North 341 21'20" West 79.64 feet; thence
North 19" 35'33" West 111.55 feet; thence
North 89° 34'56" West 291.92 feet to a point on the West line of said Section 27; thence along said line
North 00° 31' 08" East 877.06 feet to the West '/4 comer of said Section 27; thence along the East-West mid-section
line of said Section 27
South 89" 20' 15" East 2649.84 feet to the center of said section 27; thence continuing along said East-West mid-
section
idsection line'
South 89° 21' 10" East 881.40 feet; thence leaving said East-West mid-section line
South 00° 59'37" West 409.35 feet; thence
South 22" 14' 26" West 338.89 feet; thence
South 06° 37' 30" East 612.06 feet; thence
South 01° 53'56" West 1299.71 feet to a point on the South line of said section 27; thence along said South line
South 880 56'29" East 1861.26 feet to the POINT OF BEGINNING;
Said parcel contains 201 AS acres more or less.
October 30, 2008
Page 1 of 2
1904 W. Overland 4 fie• 83705 - Phone
Engineering (208) 342-0091 - Fox
xu) 42-0092 , Email: quadrant@quadrant.cc
CI
Exhibit A
CITY OF MERIDIAN PLANNING D AR STs AFF REPORT FOR THE HEARING O OF NOVEMBER z! 2008
I °°
I No
I {/
I -0
I 0
I
� .
_z a uz _ate _ w £s � KMN
6«
k is
�
Exhibit A 7
\
/
CITY OF MERIDIAN PLANNING DVARTMENT STAFF REPORT FOR THE HEARING VE OF NOVEMBER 25, 2008
5. Legal Description and Exhibit Map of the Area subject to new Development Agreement
ION Quadrant
Consulting, Inc.
LEGAL DESCRIPTION OF:
New Development Agreement Area
A parcel of land being a portion of a tract of land as described in Special Warranty Deed,
Instrument No. 106099040, records of Ada County, Idaho, together with a portion of a tract of
land as described in Special 'A"arranty Deed, Instrument No. 106099041, records of Ada County.
Idaho, together with a portion of a tract of land as described in Special Warranty Deed,
Instrument No. 106041249, records of Ada County, Idaho, together with a portion of the Right-
OfrWay of West McMillan Road and North Ten Mile Road, situated in the Southeast quarter of
Section 27, To%kmship 4 North, Range I West, Boise Meridian, City of Meridian, Ada County,
Idaho more particularly described as follows:
Commencing at the Section comer common to Section 27, 26, 34 and 35 of said Township and
Range; said corner being the POINT OF BEGINNING, thence along the South line of said
Section
North 880 56'29" West for a distance of 1861.26 feet; thence
North 01' 53'56" East for a distance of 1299.71 feet; thence
North 060 37130" West for a distance of 612.06 feet; thence
North 22' 14'26" East for a distance of 338.89 feet; thence
North 001 59'37" East for a distance of 409.34 feet; thence
South 89" 21' 12" East for a distance of 1769.59 feet to the east quarter comer of said Section
27;thence
South 00" 21' 16" rarest a distance of 2644.39 feet to the POINT OF BEGINNING;
Said parcel contains 111.19 acres more or less.
1904 W. Overiond - Boise, ID 83705 - Phone (208) 342-0091 - Fox 1208) 3424)092 - ErnoiL quadront@quodront.cc
Civil Engineering - surveying - construction Management
Exhibit A
CITY OF MERIDIAN PLANNING APARTMENT STAFF REPORT FOR THE HEARING DOE OF NOVEMBER 25, 2008
Exhibit A 9
fvO �C6C412AS
111.79 ACM
as
No
S DUO NT
AN RGAC,
VOLTERRA SUBDIVISION
INNIQuadrant
mEv
Q�AO
Exhibit A 9
CITY OF MERIDIAN PLANNING APARTMENT STAFF REPORT FOR THE HEARING D* OF NOVEMBER 25, 2008
B. Agency and Department Comments
1. PLANNING DEPARTMENT
1.1 The rezone legal description prepared by Peter W. Lounsbury, PLS, dated 8/05/08 and submitted
with the application, is accurate and meets the requirements of the City of Meridian and State Tax
Commission.
1.2 Prior to rezone ordinance approval, the applicant shall enter into a Development Agreement and a
Development Agreement Modification with the City. Said Development Agreement shall be
signed within 12 months of the City Council's approval of this application. Please be advised a
$303.00 fee will required to process the development agreement. See section 10 above for
analysis and comments regarding the DA modification to the original Volterra DA (instrument #
106034786) and the provisions subject to the new Volterra Mixed Use DA.
1.3 New legal description and exhibit map referencing the remaining area/acreage that will
remain subject to the existing Volterra DA shall be submitted to staff prior to the City
Council hearing. Said exhibits and descriptions shall include the remaining R-4 zoned
property north of McMillan and the Volterra South property located south of McMillan.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being constructed by the applicant in N McMillan
Road and N Ten Mile Road. The applicant shall install mains to and through this subdivision;
applicant shall coordinate main size and routing with the Public Works Department, and execute
standard forms of easements for any mains that are required to provide service. Minimum cover
over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than
alternate materials shall be used in conformance of City of Meridian Public Works Departments
Standard Specifications.
2.2 Water service to this site is being constructed by the applicant in N McMillan Road and N Ten
Mile 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 easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easements shall not be dedicated via
the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms.
The easement shall be graphically depicted on the plat for reference purposes. Submit an
executed easement (on the form available from Public Works), a legal description, which must
include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and
distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant agrees to use the City of Meridian's reclaimed
water supply for their primary source of irrigation. The applicant will enter into a development
agreement with the City of Meridian provided that the following issues are satisfactorily resolved
between the applicant and the City of Meridian; water volume and supply issues, liability for
water quality, maintenance of distribution systems, the impact of using reclaimed water on the
applicant's existing water rights, the homeowner's willingness to accept this type of use in their
neighborhood, cost, and the system being available and in operation when the applicant is ready
to proceed with the project such that no delays will occur.
2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
Exhibit B
CITY OF MERIDIAN PLANNING DVARTMENT STAFF REPORT FOR THE HEARING It OF NOVEMBER 25, 2008
by the City Engineer.
2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non -approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.8 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures
and inspections (208)375-5211.
2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
2.11 All development improvements, including but not limited to sewer, fencing, micro -paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.14 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.15 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.
2.16 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the footings is at least 1 -foot above.
2.17 The applicants design engineer shall certify that all seepage beds out of the public right- of -way
are installed in accordance with the approved design plans. This certification must be received by
the City of Meridian Public Works Department prior to the project receiving final approval.
2.18 At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING D* OF NOVEMBER 25, 2008
3. FUZE 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 Y2" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be placed 18" above finished grade to the center of the 41/2" outlets.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to
existing buildings within 1,000 feet of the project.
3.3 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 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
shall have a clear driving surface which is 20' wide and support an imposed weight of 75,000
GVW.
3.6 For all Fire Lanes provide signage "No Parking Fire Lane".
3.7 Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
3.8 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical
clearance of 13'6.
3.9 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.
3.10 Building setbacks shall be per the International Building Code for one and two story construction.
3.11 Commercial and office occupancies will require a fire -flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.12 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 Maintain a separation of 5' from the building to the dumpster enclosure.
3.14 Provide a Knox box entry system for the complex prior to occupancy.
Exhibit B
CITY OF MERIDIAN PLANNING APARTMENT STAFF REPORT FOR THE HEARING A OF NOVEMBER 25, 2008
3.15 The applicant shall work with Planning Department staff to provide an address identification plan
and a sign which meets the requirements of the City of Meridian sign ordinance at the required
intersection(s).
3.16 The Fire Dept. has concerns about the ability to address the project and have the addresses 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.
3.17 All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the International Fire Code.
3.18 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.
3.19 Provide exterior egress lighting as required by the International Building & Fire Codes.
3.20 There shall be a fire hydrant within 100' of all fire department connections.
3.21 Buildings over 30' in height are required to have access roads in accordance with The International
Fire Code Appendix D Section D105.
3.22 COMMERCIAL AND INDUSTRIAL - Buildings or facilities exceeding 30 feet (9144mm) or
three stories in height shall have at least three means of fire apparatus access for each structure. Two
of the access roads shall be placed a distance apart equal to not less than one half of the length of the
overall diagonal dimension of the property or area to be served, measured in a straight line.
3.23 COMMERCIAL AND INDUSTRIAL - Buildings or facilities having a gross building area of
more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire
apparatus access roads separated by one half of the maximum overall diagonal dimension of the
property or area to be served, measured in a straight line between accesses.
Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have
a single approved fire apparatus access road when all buildings are equipped throughout with
approved automatic sprinkler systems. (Remoteness Required)
3.24 Multi -Family 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 parking 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 parking stalls may be included to assist meeting this requirement. Contact
the Meridian Fire Department for details per IFC Section 504.1.
4. POLICE DEPARTMENT
4.1 The proposed development
exceed two feet in height.
specifically be addressed f
pathway.
Exhibit B
shall limit landscaping shrubs and bushes to species that do not
Trees shall have a canopy of no less than six feet. This shall
r landscaping up against any structure and along the pedestrian
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 25, 2008
4.2 All pedestrian pathways shall be illuminated with 4 -foot bollard style lighting or equivalent and
shall be spaced close enough together for continuous lighting of the entire pathway.
4.3 Driveway access onto Ten Mile just north of McMillan Road shall be designed as a right-
in/right-out driveway.
5. PARKS DEPARTMENT
5.1 Coordinate exact pathway locations with the Parks Department.
6. SANITARY SERVICES COMPANY
6.1 The proposed development shall limit landscaping shrubs and bushes to species that do not
exceed two feet in height. Trees shall have a canopy of no less than six feet.
6.2 Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved site
plan from SSC.
6.3 Waste enclosure access: The applicant shall provide drive -on capability for 6 and 8 cubic yard
containers. Allow a minimum of 60 ft. frontal clearance for such containers.
6.4 Turning Radius: the applicant shall provide a minimum of 50 ft. turning radius.
6.5 Waste enclosure dimensions: The applicant shall provide a minimum of 12 ft. clearance inside of
the enclosure gates with the gates in the open position.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Dedicate 35 -feet of right-of-way from the centerline of McMillan Road abutting the site.
Construct a 5 -foot detached concrete sidewalk a minimum of 28 -feet from the centerline of
McMillan Road abutting the site.
7.2 Dedicate 48 -feet of right-of-way from the centerline of Ten Mile Road abutting the site.
Construct a 5 -foot detached concrete sidewalk a minimum of 41 -feet from the centerline of the
Ten Mile Road abutting the site.
7.3 Construct center landscape islands on the internal roadway, as proposed. Provide 21 -foot street
sections on each side of the proposed center islands.
7.4 Construct 4 traffic circles on the internal roadways, as proposed. Coordinate the design and
location of the traffic circles with District Traffic Services staff.
7.5 Construct two roadways to intersect McMillan Road in locations consistent with those previously
approved with Volterra Subdivision in 2005.
7.6 Construct one roadway to intersect Ten Mile Road in a location consistent with that previously
approved with Volterra Subdivision in 2005.
7.7 Other than the access specifically approved with this application, direct lot access is prohibited to
Ten Mile Road and McMillan Road and shall be noted on the final plat.
7.8 Comply with all Standard Conditions of Approval.
Exhibit B
CITY OF MERIDIAN PLANNING DRRTMENT STAFF REPORT FOR THE HEARING * OF NOVEMBER 25, 2008
7.2 STANDARD CONDITIONS OF APPROVAL
7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way.
7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 Comply with the District's Tree Planter Width Interim Policy.
4.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans.
7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
7.2.9 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed
impact fee will be based on the impact fee ordinance that is in effect at that time.
7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190
in the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized representative
of the Ada County Highway District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
7.2.13 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at
the time the change in use is sought.
8. CENTRAL DISTRICT HEALTH DEPARTMENT
8.1 After written approval from appropriate entities is submitted, we can approve this proposal for
central sewage and central water.
8.2 The following plans must be submitted to and approved by the Idaho Department of Health &
welfare, Division of Environmental Quality: central sewage and central water.
Exhibit B
CITY OF MERIDIAN PLANNING fRTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 25, 2008
8.3 Run-off is not to create a mosquito -breeding problem.
8.4 Central District Health will require plans be submitted for a plan review for any: food
establishments, grocery store, beverage establishment, swimming pools or spas and child care center.
Exhibit B
I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DOE OF NOVEMBER 25, 2008
C. Legal Descriptions and Exhibit Map
!N® Quadrant
Consulting, Inc,
LEGAL DESCRIPTION OF:
Overall Rezone Boundary
A parcel of land being a portion of a tract of land as described in Special Warranty Deed,
Instrument No. 106099040, records of Ada County, Idaho, together with a portion of a tract of
land as described in Special Warranty Deed, Instrument No. 106099041, records of Ada County,
Idaho, together with a portion of a tract of land as described in Special Warranty Deed,
Instrument No. 106041249, records of Ada County, Idaho, together with a portion of the Right -
Of -Way of West McMillan Road and North Ten Mile Road, situated in the Southeast quarter of
Section 27, Township 4 North, Range I West, Boise Meridian, City of Meridian, Ada County,
Idaho more particularly described as follows:
Commencing at the Section comer common to Section 27, 26, 34 and 35 of said Township and
Range; thence along the South line of said Section North 88156'29" West, 891.33 feet to the
POINT OF BEGINNING; thence, continuing
North 88-56'29- West, 969.93 feet; thence leaving said South line
North 01*53'56" East, 1299.71 feet; thence
North 06*37'30" West, 612.06 feet; thence
North 22-14'26" East, 338.89 feet; thence
North 00`59'37' East, 409.34 feet to a point on North line of said Southeast quarter, thence along
said north line
South 89°21' 12" East, 1769.59 feet to the East quarter comer of said Section 27; thence
South 0'21'16" West, 1738.65 feet along the East line of said Section 27 -,'thence leaving said
East line
North 89'3846" West, 485.15 feet; thence
623.40 feet along a curve to the left, said curve having a radius of 400.00 feet, a delta angle of
ST 17'46" and a long chord bearing South 45'42'22" West, for a distance of 562.20 feet; thence
South 01'03'30" West, 499.73 feet to the POINT OF BEGINNING;
Said parcel contains 93.65 acres more or less.
MERIDIAN PUBLICWORKSOE".
1904 W. Overland - Boise. ID 83705 - Phone (208) 342-0091 # Fox (2081342-0092 - Emoit quadront@quadront.ce
Civil Engineering - Surveying - Construction Management
Exhibit C - I -
10 CITY OFMERI]DIAN PLANNING D ARTMENT STAFF REPORT FOR THE HEARING A OF NOVEMBER 25, 2008
1 N 1Quadrant 11
LEGAL DESCRIPTION OF: Consulting, Inc,
Proposed R-15 Zoning
A parcel of land being a portion of a tract of land as described in Special Warranty Deed,
Instrument No. 106099040, records of Ada County, Idaho, together with a portion of a tract of
land as described in Special Warranty Deed, Instrument No. 106099041, records of Ada
County, Idaho, together with a portion of the Right -Of -Way of West McMillan Road, situated
in the Southeast quarter of Section 27, Township 4 North, Range I West., Boise Meridian, City
of Meridian, Ada Countv, Idaho more particularly described as follows:
Commencing at the Section corner common to Section 27,26,34 and 35 of said Township and
Range; thence along the South line of said Section 27 North 88'56*29*' West, 1020.01 feet to
the POINT OF BEGINNING; thence continuing
North 88156' 29" West 841.25 feet; thence leaving said South line
North 01,1 53,56" East 1117.09 feet; thence
North 90100' 00" East 739.71 feet; thence
40.48 feet along a curve to the right, said curve having a radius of 280.00 feet, a delta angle of
08' 17' 02" and a long chord bearing South 03105' 00" East for a distance of 40,45 feet; thence
South 01e 03' 31"' West 588.00 feet; thence
140.00 feet along a curve to the left, said curve having a radius of 350.00 feet, a delta angle of
22' 55'06" and a long chord bearing South 10124' 02" East for a distance of 139.07 feet;
thence
South 21" 51'35" East 100.00 feet; thence
80.00 feet along a curve to the right, said curve having a radius of 200.00 feet, a delta angle of
22' 55'06", and a long chord bearing South 10124'02" East for a distance of 79.47 feet; thence
South 01103' 31 " West 196.00 feet to the POINT OF BEGINNING;
Said parcel containing -'-_0.00 acres more or less.
REVIV--I�DIVA
E4PP L
AA 19 20
MERVAN PUBLIC
WORKS DEPT,
1904W.Overtand - noise, 083705 - Phone (2081342-0091 - Fox(208)342-0092 - Email: avadfant@quodront.CC
Civil Engineering - Surveying - Construction Management
Exhibit C - 2 -
CITY OF MERIDIAN PLANNING APARTMENT STAFF REPORT FOR THE HEARING A OF NOVEMBER 25, 2008
AN 1
ns 16godrant
Consulting, Inc.
LEGAL DESCRIPTION OF:
Proposed C -C Zoning
A parcel of land being a portion of a tract of land as described in Special Warranty Deed,
Instrument No. 106099041, records of Ada County, Idaho, together with a portion of a tract of
land as described in Special Warranty Deed, Instrument No. 106041249, records of Ada
County, Idaho, situated in the Southeast quarter of Section 27, Township 4 North, Range I
West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as
follows:
Commencing at the Section corner common to Section 27, 26, 34 and 35 of said Township and
Range; thence along the South line of said Section 27 North 88'5629" West, 1861,26 feet;
thence leaving said South line North 11' 53' 56" East 11 17.09 feet to the POINT OF
BEGINNING; thence continuing
North 10 53'56" East 182.62 feet; thence
North 061 37'30" West 612.06 feet, thence
North 22' 14! 26" East 338.89 feet; thence
North 00' 59'37" East 56.43 feet; thence
South 8911 23'45" East 104.83 feet; thence
250.00 feet along a curve to the left, said curve having a radius of 1150.00 feet, a delta angle of
12' 27'20" and a long chord bearing North 84' 22'35" East for a distance of 249.51 feet;
thence
423.13 feet along a curve to the right, said curve having a radius of 2000,00 feet, a delta angle
of 12' 07' 18" and a long chord bearing North 84' 12' 34" East for a distance of 42134 feet;
thence
52130 feet along a curve to the left, said curve having a radius of 2350.00 feet, a delta angle of
120 42'36" and a long chord bearing North 83' 54' 55" East for a distance of 520.23 feet;
thence
South 080 48' 46" East I00.00 feet; thence
100.00 feet along a curse to the fight, said curve having a radius of 650.00 feet, a delta angle of
08' 48' 53" and a long chord bearing South 041 24'20" East for a distance of 99.90 feet; thence
425,00 feet along a curve to the left, said curve having a radius of 1900.00 feet, a delta angle of
12' 48' 58" and a long chord bearing South 061 24* 22" East for a distance of 424.11 feet;
thence
1904 W. Overlond - Bene. ID 83705 - Phone 1208) 342-0091 - Fox 1208) 342-0092 - Ernoil, quodraniftuodronl.cc
Civil Engineering - SurveYing - Construction Monogement
Exhibit C - 3 -
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DOE OF NOVEMBER 25, 2008
1001
ME Quadrant
Consulting, Inc.
540.53 feet along a curve to the right, said curve having a radius of 4500.00 feet, a delta angle
of 06' 52'56" and a long chord bearing South 09' 222'23" East for a distance of 540.21 feet;
thence
North 880 56' 27" West 836.90 feet; thence
159.52 feet along a curve to the right, said curve having a radius of 280,00 feet, a delta angle of
32138'30'* and a long chord bearing South 23' 32'46" East for a distance of 157.37 feet;
thence
North 90' 00'00" West 739.71 feet to the POINT OF BEGINNING;
Said parcel containing 37.84 acres more or less.
1904 W. Overland - Bolsa. 1083705 - Phone 12081 342-0091 - Fax (208) 342-0092 - ErnaW quoaronl0quodront.cc
Civil Engtneedrg - Surveying - Construction Monagen-mmt
Exhibit C -4-
VCITY OF MERIDIAN PLANNING D ARTMENT STAFF REPORT FOR THE HEARING DOM OF NOVEMBER 25, 2008
■ME Quadrant
Consulting, Inc.
LEGAL DESCRIPTION OF.
Proposed L-0 Zoning
A parcel of land being a portion of a tract of land as described in Special Warranty Deed,
Instrument No. 106041249, records of Ada County, Idaho, together with a portion of the Right-
Of-Wav ofNorth Ten Mile Road, situated in the Southeast quarter of Section 27, Township 4
North, Range I West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly
described as follows:
Commencing at the Section corner common to Section 27, 26, 34 and 35 of said Township and
Range; thence along the East line of said Section 27 North 0012 I'l 6" East, 2472.93 feet to the
POINT OF BEGINNING; thence leaving said East line
North 890 3T 44" West 185.00 feet; thence
247.00 feet along a curve to the left, said curve having a radius of 1000.00 feet, a delta angle of
140 09'07", and a long chord hearing South 83' 16 42" West for a distance of 246,37 feet,
thence
577.00 feet along a curve to the right, said curve having a radius of 2350.00 feet, a delta angle
of 141 04` 05", and a long chord bearing South 83' 14' 11" West for a distance of 575.55 feet;
thence
423.13 feet along a curve to the left, said curve having a radius of 2000.00 feet, a delta angle of
12' 07' 18", and a long chord beating South 84912' 34" West for a distance of 422.34 feet;
thence
250.00 feet along a curve to the right, said curve having a radius of 1150.00 feet, a delta angle
of 121 27'20", and a long chord bearing South 841 22' 35" West for a distance of 249.51 feet;
thence
North 891 23'45" West 104,93 feet-, thence
North 000 59, 371* East 352.92 feet to the north line of said tract; thence along said north line
South 89' 21'12" East 1769.59 feet to the East quarter comer of said Section; thence
South OW, 21' 16" West 171.46 feet along the East line of said section to the POINT OF
BEGINNING;
Said parcel containing 10.7 Cres more or less,
MI P VAL
By
AUG 19 2M
MERIDIAN
WORKS DEPT.PUBLIC
1904 W, Oveiland - Boise, ID 83705 - Phone (208) 342-OD91 - Fox (208) 342-0092 - Emoil: qvodrant@quodronf.cc
Civil Engineering - Surveying - Construction Monagernent
Exhibit C -5-
CITY OF MERIDIAN PLANNING DQARTMENT STAFF REPORT FOR THE HEARING D% OF NOVEMBER 25, 2008
ON Quadrant
Consulting, Inc.
LEGAL DESCRIPTION OF:
Proposed C -G Zoning
A parcel of land being a portion of a tract of land as described in Special Warranty Deed,
Instrument No. 106099040, records of Ada County, Idaho, together with a portion of a tract of
land as described in Special Warranty Deed, Instrument No. 106099041, records of Ada
County, Idaho, together with a portion of a tract of land as described in Special Warranty Deed,
Instrument No. 106041249, records of Ada County, Idaho, together with a portion of the Right -
Of -Way of West McMillan Road and North Ten Mile Road, situated in the Southeast quarter of
Section 27, Township 4 North, Range I West, Boise Meridian, City of Meridian, Ada County,
Idaho more particularly described as follows:
Commencing at the Section comer common to Section 27, 26, 34 and 35 of said Township and
Range; thence along the East line of said Section 27 North 00021'l6" East, 905.74 feet to the
POINT OF BEGINNING; thence leaving said East line
North 89" 38146" West 435.15 feet; thence
623.40 feet along a curve to the left, said curve having a radius of 400.00 feet, a delta angle of
89" 17'46", and a long chord bearing South 45* 42'22- West for a distance of 562.20 feet:
thence
South 010 03'30" West 499.73 fed to the South line of said Section 27; thence along said South
line
North 880 5629" West 128.68 feet; thence leaving said South line
North 010 03'31" East 1.96.00 feet; thence
30.00 feet along a curve to the left, said curve having a radius of 200.00 feet, a delta angle of
22£ 55'06", and a long chord bearing North 100 24' 02" West for a distance of 79.47 feet;
thence
North 21' 51'35" West 100.00 feet; thence
140.00 feet along a curve to the right, said curve having a radius of 350.00 feet, a delta angle of
220 55'06" and a long chord bearing North 10° 24'02" West for a distance of 139.07 feet,
thence
North 010 03'31" East 588.00 feet; thence
200.00 feet along a curve to the left. said curve having a radius of 280.00 feet, a delta angle of
40155'32" and a long chord bearing North 19" 24' 15" West for a distance of 195.78 feet;
thence
South 88" 56'27" East 836.90 feet; thence
1904 W. overland - Boise, ID 83705 • Phone (248) 342-0091 • Fox (2081342-0092 • Emolt quodront@quodrexni,cc
Civil Engineering Surveying • Construction Manogement
Exhibit C - 6 "
CITY OF MERIDIAN PLANNING DWTMENT STAFF REPORT FOR THE HEARING D* OF NOVEMBER 25, 2008
Fa
UMMS Quadrant
Consulting, Inc.
540.53 feet along a curve to the left, said curve having a radius of 4500.00 feet, a delta angle of
06152'56" and along chord bearing North 09* 22'23" West for a distance of 540.21 feet,
thence
425,00 feet along a curve to the right, said curve having a radius of 1900.00 feet, a delta angle
of 12148' 58" and a long chord beating North 06' 24'22" West for a distance of 424.11 feet;
thence
100.00 feet along a curve to the left, said curve having a radius of 650.00 feet, a delta angle of
080 4853" and a long chord bearing North 04' 24'20" West for a distance of 99.90 feet; thence
North 08' 48'46" West 100.00 feet-, thence
55.70 feet along a curve to the left, said curve having a radius of 2350.00 feet, a delta angle of
01" 21' 29" and a long chord bearing North 761 52'53" East for a distance of 55.70 feet; thence
247.00 feet along a curve to the right, said curve having a radius of 1000.00 feet, a delta angle
of 14' W 07" and a long chord bearing North 83' 16 42" East for a distance of 246.37 feet;
thence
South 890 38'44" East 185.00 feet to the East line of said Section 27; thence along said East
line
South 00' 21' 16" West 1567.19 feet to the POINT OF BEGINNING;
Said parcel containing 25.10 acres more or less.
1904 W, Overland • Boise, ID 83705 • Phone (208) 342-0091 • Fox 1208) 342-0092 • Email: qvodrant@cjuodrani.cc
Civil Engineering * Svrveying - Construction Management
Exhibit C - 7 -
CITY OF MERIDIAN PLANNING APARTMENT STAFF REPORT FOR THE HEARING DOM OF NOVEMBER 25, 2008
S8921'12'E 176949''..gyp
2n
W't
759'37"E SOWW185.0v
409,34'
ell C12 C13
cs
2S45*W WIWIm- w
$.IN CIEEO INS?.
,140, IVMN i249
VOLTERRA SUBDIVISION
NNQuadront—
T ? OF tIEP D! AN
2 7.
J4�.- Z091
. . ....... .....
Exhibit C - 8 -
........
—4
. . ...... ..
2 '5,v
55 w
CO 1 5 00
. ......... .
.... . . ........
. .. . ......
i N2 3"
�!4
Do
W
ZONE
N90WWE 739,71
NWW-01-E
C14
N"48'W
48&IV
Slll OEM Nsi
iy pillopOSED
5 Zot4-
20.0
100.W
NIW31*E
l
ra3
r.
19&0 ol
M
l6t4
----------
-W
74'
NF,`5C Z? "CWLI-At4 ROAf.11
L12S.W
cn
..........
. . . ........
VOLTERRA SUBDIVISION
NNQuadront—
T ? OF tIEP D! AN
2 7.
J4�.- Z091
. . ....... .....
Exhibit C - 8 -
........
—4
. . ...... ..
2 '5,v
55 w
CO 1 5 00
. ......... .
.... . . ........
. .. . ......
i N2 3"
�!4
Do
W
VOLTERRA SUBDIVISION
NNQuadront—
T ? OF tIEP D! AN
2 7.
J4�.- Z091
. . ....... .....
Exhibit C - 8 -
........
—4
. . ...... ..
2 '5,v
55 w
CO 1 5 00
. ......... .
. .. . ......
�!4
�7
VOLTERRA SUBDIVISION
NNQuadront—
T ? OF tIEP D! AN
2 7.
J4�.- Z091
. . ....... .....
Exhibit C - 8 -
CITY OF MERIDIAN PLANNING APARTMENT STAFF REPORT FOR THE HEARING D* OF NOVEMBER 25, 2008
D. Required Findings from the Unified Development Code
1. Rezone Findings
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an amendment to
the Comprehensive Plan, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to rezone 93.64 acres to R-15, L -O, C -C and C -G. The Council
finds that the proposed zoning map amendment will comply with the applicable provisions
of the Comprehensive Plan if CPA -08-003 request is approved to a Mixed Use -Community
designation.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that the proposed mix of uses would assist in providing service needs of
the community. The Council finds that future development of this property should comply
with the established regulations and purpose statements of the requested zoning districts.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. Staff recommends that the Commission and Council rely on any
oral or written testimony that may be provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The Council finds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
e. The rezone is in the best interest of the City.
The Council finds that the rezone of the subject property from R-4 and L -O to R-15, L -O, C-
C and C -G is in the best interest of the City.
Exhibit D
9
December 19,2W8
MERIDIAN CITY COUNCIL MEETING
APPLICANT Relo Development
REQUEST Findings for A
acres from the RUT & R1
for Overland Village — 3330 East Overland Road
•
December 23, 2008
ITEM NO. 5-B
II — Request for Annexation and Zoning of 9.06
districts in Ada County to the C -G zoning district
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
COMMENTS
A -n Ta� 2,
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
•
December 19, 2008 RZ 08-006
MERIDIAN CITY COUNCIL MEETING December 23, 2008
APPLICANT Patrick McKeegan ITEM NO. 5-C
REQUEST Findings for Approval — Request for a Rezone of 1.39 acres from I -L to
C -G zone for Lanark Property — 3131 and 3163 East Lanark
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
See attached Findings
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
•
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
CC
In the Matter of Rezone of 2.20 acres from the I -L to the C -G zoning district, by Patrick
McKeegan.
Case No(s). RZ-08-006
For the City Council Hearing Date of. December 2, 2008 (Findings on the December 23,
2008 City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 2, 2008,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 2, 2008,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
December 2, 2008, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of December 2, 2008, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-08-006
-1-
0
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the provisions of the Development Agreement in the
attached Staff Report for the hearing date of December 2, 2008, incorporated by
reference. The conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Rezone as evidenced by having submitted the legal description and
exhibit map stamped and dated October 4, 2007, by Timothy J. Fox, PLS, is hereby
conditionally approved; and,
2. A Development Agreement is required with approval of the subject rezone and shall
include the provisions noted in the attached Staff Report for the hearing date of
December 2, 2008, incorporated by reference.
D. Attached: Staff Report for the hearing date of December 2, 2008.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-08-006
-2-
0
•
By action of the City Council at its regular meeting held on the 0 day of
2008.
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER BRAD HOAGLUN VOTED
COUNCIL MEMBER CHARLIE ROUNTREE VOTED
COUNCIL MEMBER KEITH BIRD VOTED
MAYOR TAMMY de WEERD VOTED f
(TIE BREAKER)
Mayor Tammy a ee
Attest: .q
O 13® >.
v
L
aycee 1 an, City Clerk; y o�
Copy served upon Applicant,lgI'g�ehnent, Public Works Department and
Attorney.
01 M & � L) Dated:ki-
i Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-08-006
-3-
City
CITY OF MERIDIAN PLANNING DORTMENT STAFF REPORT FOR THE HEARINVATE OF DECEMBER 2, 2008
STAFF REPORT
Hearing Date: December 2, 2008
TO:N"
Mayor & City Council off E ITU A -
FROM: Sonya Watters, Associate City Planner A
(208) 884-5533
SUBJECT: Lanark Property
• RZ-08-006
Rezone of 2.20 acres from the I -L to the C -G zoning district
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Patrick McKeegan, is requesting a Rezone (RZ) from the I -L to the C -G zoning
district for a 2.20 acre site. There are two existing structures on the site and no new development or
uses are proposed at this time.
The site is located at 3131 and 3163 E. Lanark Street, on the southwest comer of N. Eagle Road and
Lanark Street.
2. SUMMARY RECOMMENDATION
Staff has provided a detailed analysis of the requested RZ application below. Staff recommends
approval of the subject rezone request (RZ-08-006) as presented in the staff report with a
Development Agreement, based on the Findings listed in Exhibit D of this staff report.
The Meridian Planning & Zoning Commission heard this item on November 6, 2008. At the
public hearing they moved to recommend approval of the subiect RZ request.
a. Summary of Commission Public Hearing:
i. In favor: Patrick McKeegan
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: Anna Canning
b. Key Issue(s) of Discussion by Commission:
i. The specific lighting standards required by the Eagle Road Corridor Study;
ii. Additional landscaping is required on the site to comply with current UDC standards;
iii. The applicant is not required to install a 35' wide landscape buffer adiacent to Eagle
Road;
c. Key Commission Change(s) to Staff Recommendation:
i. Add a DA provision that the applicant is not required to construct a 35 -foot wide
landscape buffer along Eagle Road;
d. Outstanding Issue(s) for City Council:
i. Clarification that a CZC is required for the existing business (Sleep with Grace), and all
future tenants for a change in use from industrial to commercial.
CITY OF MERIDIAN PLANNING DARTMENT STAFF REPORT FOR THE HEARINVATE OF DECEMBER 2, 2008
3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number RZ-08-
006, as presented in the staff report for the hearing date of December 2, 2008, with the following
modifications to the conditions of approval: (add any proposed modifications).
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number RZ-08-006,
as presented during the hearing on December 2, 2008, for the following reasons: (you must state
specific reasons for denial and what the applicant could do to obtain your approval in the future).
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number RZ-08-
006 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:
3131 and 3163 E. Lanark Street
Located in the southeast '/a of Section 8, Township 3 North, Range 1 East
b. Owner:
3131 Lanark, LLC and 3163 Lanark, LLC
4696 Overland Road, Ste. 152
Boise, ID 83705
c. Applicant / Contact:
Patrick McKeegan, McKeegan Architects
280 N. Latah, Ste. 100
Boise, ID 83706
Lanark Property RZ-08-006 Page 2
IFIRW 1
/_ 1 ' _ _ 1 1 I I_. I_I_ ' 1_
-�_II_I_
! I.1 I 1 11 i/ ! 1 _1'_ 1_I
11'
_ 1 1_ 11_ _.. I ' 1 _ 1 =11 RPM 1 1 1 I M-1 i/. 1 ' 1 1_ i = ' _
_ 1. • __!_ - l .:1 _ .. _ I I ' - ! 1_ ! - �. • 1- 1 _ I 1 r ' '_ I I Eiji 111_ •. • _ 1 '
• I__ I _I 1 1_ _I_ 1 1 • 1 ___ . 1 1 • ,.. • 1 _ I • _ ,. k_. ' i/_ ' 1.__I_' 1 _ I_ • _ I_
MUT-7TT MUT-7I _ _I_ 1 _I_I_ I_I__, , _ I I_ \_' I I III_ • 1 1. ! M
� �_ ._' 1 1 /_. 1 1. . 1 1 '--- - � _ 1 1 ♦/ 1 _ 1 i _ . 1 1 _ I e _ _ ' 1.
_ _. _� _._ _ _ _ _ _
3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number RZ-08-
006, as presented in the staff report for the hearing date of December 2, 2008, with the following
modifications to the conditions of approval: (add any proposed modifications).
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number RZ-08-006,
as presented during the hearing on December 2, 2008, for the following reasons: (you must state
specific reasons for denial and what the applicant could do to obtain your approval in the future).
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number RZ-08-
006 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:
3131 and 3163 E. Lanark Street
Located in the southeast '/a of Section 8, Township 3 North, Range 1 East
b. Owner:
3131 Lanark, LLC and 3163 Lanark, LLC
4696 Overland Road, Ste. 152
Boise, ID 83705
c. Applicant / Contact:
Patrick McKeegan, McKeegan Architects
280 N. Latah, Ste. 100
Boise, ID 83706
Lanark Property RZ-08-006 Page 2
CITY OF MERIDIAN PLANNING ATMENT STAFF REPORT FOR THE HEARINVATE OF DECEMBER 2, 2008
d. Present Zoning: I -L (Light Industrial)
e. Present Comprehensive Plan Designation: Industrial
f. Description of Applicant's Request: The Applicant is requesting a Rezone of 2.20 acres from the
I -L to the C -G zoning district. No new development or uses are proposed at this time.
g. Applicant's Statement/Justification (reference submittal material): Taken from the applicant's
narrative, "When the property was originally zoned I -L many years ago, the growth and extent of
retail uses along Eagle Road were not anticipated. Since then it has become apparent that retail
and office uses offer an attractive buffer between Eagle Road and the industrial uses back from
the street. As a major entry corridor in Meridian, office and retail uses, with the higher design
standards, should be the desired use to provide an attractive impression for residents and visitors."
See applicant's narrative submitted with the application for more information.
5. PROCESS FACTS
a. The subject application will, in fact, constitute a rezone as determined by City Ordinance. By
reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11 -5A -2D, a public
hearing is required before the Planning and Zoning Commission and City Council on this matter.
b. Newspaper notifications published on: October 20, 2008 and November 3, 2008 (Commission);
November 3, and 17, 2008 (City Council)
c. Radius notices mailed to properties within 300 feet on: October 10, 2008 (Commission);
October 24, 2008 (City Council)
d. Applicant posted notice on site by: October 22, 2008 (Commission); November 20, 2008, (City
Council
6. LAND USE
a. Existing Land Use(s): There is currently a vacant 6,500 square foot building on the southern
portion of this site that the applicant proposes to market for commercial uses along with an
existing 12,000+/- square foot multi -tenant building to the north. Currently, the multi -tenant
building houses a bedding and mattress company; the rest of the tenant spaces are vacant.
b. Description of Character of Surrounding Area: The surrounding area consists of retail &
industrial uses and commercial & industrial zoned vacant land.
c. Adjacent Land Use and Zoning
1. North: Vacant land, zoned C -G
2. East: Eagle Road and retail (R.C. Willey's), zoned C -G
3. South: Vacant land, zoned I -L
4. West: Industrial uses, zoned I -L
d. History of Previous Actions:
• This property was previously platted as Lots 1 & 2, Block 2, of Olson & Bush Industrial Park
subdivision.
• A Record of Survey (#7190) was recorded in 2005 as Instrument Number 105198226 that
changed the configuration of Lots 1 and 2, Block 2.
• A Certificate of Zoning Compliance (CZC-05-099) was approved in 2005 for a 6,000 square
foot office/warehouse building on the southern portion of this site. Note: If the subject RZ
Lanark Property RZ-08-006 Page 3
CITY OF MERIDIAN PLANNING APARTMENT STAFF REPORT FOR THE HEARINVATE OF DECEMBER 2, 2008
request is approved, a CZC will be required for a change in use of the site from an
office/warehouse use to a commercial use.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Existing building already serviced.
Location of water: Existing building already serviced.
Issues or concerns: None
2. Vegetation: There is some existing landscaping within the parking lot area on this site (the
street buffer along Eagle Road does not contain landscaping as it lies on a substantial grade).
3. Floodplain: N/A
4. Canals/Ditches Irrigation: N/A
5. Hazards: N/A
6. Existing Zoning: I -L (Light Industrial)
7. Property Size: 2.20 acres
f. Landscaping: Landscaping is not required with the subject RZ application; however, landscaping
in accordance with UDC standards will be required with approval of any future Conditional Use
Permit or Certificate of Zoning Compliance application.
g. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this
site is provided from N. Eagle Road via Lanark Street. No new access points or streets are
proposed or approved with this application.
7. COMMENTS MEETING
On October 16, 2008, a joint agency and departments meeting was held with service providers in this
area. The agencies and departments present included: Meridian Fire Department, Meridian Public
Works Department, and the Sanitary Services Company. Staff has included comments, conditions,
and recommended actions in Exhibit B below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The Comprehensive Plan Future Land Use Map designates the subject property as "Industrial." The
land use categories and locations depicted on the map are conceptual. For this reason, the Planning
Director has determined that the proposed C -G zoning district is generally consistent with the
Comprehensive Plan because of the adjacent commercial uses and zoning to the north and east of the
subject property and because of the property's location on Eagle Road. Further, Planning Staff
believes that commercial uses are more appropriate than industrial uses adjacent to transportation
corridors such as Eagle Road for aesthetic reasons. For this reason, an amendment to the future land
use map is not requested nor is it considered necessary by the Planning Director for the rezone request
to the C -G zoning district. However, the Commission and Council should also determine if the
applicant's request is appropriate and in the best interest of the City.
Staff finds that the request generally conforms to the stated purpose and intent of the Comprehensive
Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and
apply to the proposed use (staff analysis in italics):
• "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal
IV, Objective D, Action item 2)
Lanark Property RZ-08-006 Page 4
CITY OF MERIDIAN PLANNING ATMENT STAFF REPORT FOR THE HEARINVATE OF DECEMBER 2, 2008
Although the subject property is located adjacent to Eagle Road, an arterial street, no new
access points are proposed or approved to Eagle Road with this application. Access to the
site exists from Lanark Street.
• "Permit new ... commercial development only where urban services can be reasonably
provided at the time of final approval and development is contiguous to the City." (Chapter
IV, Goal I, Obj. A, #6)
This property is already within the City and sanitary sewer and water have already been
provided to this site.
• "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter
VII, Goal 1, Objective B)
Staff believes that rezoning this property to C -G will contribute to the variety of uses in this
part of the City and will serve as an aesthetic buffer between Eagle Road and the industrial
uses to the west of this site.
• Encourage compatible uses to minimize conflicts and maximize use of land. (Chapter VII,
Goal IV)
The area surrounding this property consists of industrial and commercial uses. Staff believes
that the proposed commercial use of this property will be compatible with other existing
commercial uses adjacent to Eagle Road.
Staff believes that the proposed C -G zoning is consistent with the Comprehensive Plan and is
compatible with the surrounding uses. Staff recommends that the Commission and Council rely on
any verbal or written testimony that may be provided at the public hearing when determining if the
applicant's request is appropriate for this property.
9. ZONING ORDINANCE
a. Allowed Uses in Commercial Districts: UDC Table I1-213-2 lists the permitted, accessory, and
conditional uses in the C -G zoning district.
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 (C -N, C -C, C -G, and L -O) are designated which differ in the size and scale of
commercial structures accommodated in the district, the scale and mix of allowed commercial
uses, and the location of the district in proximity to streets and highways.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the
proposed RZ request as presented in the staff report, with the following comments:
Rezone (RZ): The applicant is requesting to rezone 2.20 acres from the I -L to the C -G zoning
district in order to market the site for commercial uses. No new development or uses are proposed
on the subject property at this time. The property's current I -L zoning allows for industrial type
uses. Currently, the multi -tenant building houses a bedding and mattress company (Sleep with
Grace); the rest of the tenant spaces are vacant. The tenant space for the mattress company
consists of approximately 9,000 square feet; 6,000 square feet of which is used for a retail
showroom. As it currently operates, the mattress company would be a permitted use in the
Lanark Property RZ-08-006 Page 5
CITY OF MERIDIAN PLANNING DPARTMENT STAFF REPORT FOR THE HEARINNATE OF DECEMBER 2, 2008
proposed C -G district. If the rezone is approved, the applicant would be required to apply for a
Certificate of Zoning Compliance for a change in use, prior to commencement of a new use.
The subject property consists of two lots (Lots 1 & 2, Block 2) in Olson & Bush Industrial Park.
A Record of Survey (ROS) (#7190) was recorded in 2005 that changed the configuration of the
lot lines to its current configuration. The ROS depicts the northwest property as Parcel A and the
southeast property as Parcel B.
The legal description for the proposed rezone submitted with the application (prepared on
October 4, 2007, by Timothy J. Fox, PLS) shows the property within the existing corporate
boundary of the City of Meridian (see Exhibit Q.
Future Uses: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C -G
zoning district. Staff has reviewed the list of allowable uses in the C -G district and believes all are
acceptable uses for this site except for a drinking establishment. Staff believes that the site is too
small and does not have enough off-street parking to accommodate this type of use. For this
reason, Staff is recommending a DA provision that a drinking establishment use be
prohibited on the site.
Access: Access to the site is provided from Eagle Road via Lanark Street. No new access points
to this site are requested or approved with this application. Direct access to Eagle Road is
prohibited.
Parking: In commercial districts, the UDC (11-3C-6) requires one vehicle space to be provided
for every 500 square feet of gross floor area. The existing structures on the site consist of 18,676
square feet collectively. Therefore 37 parking spaces are required per UDC requirements; 69
parking spaces (including 3 compact spaces) are provided on the site. The existing parking
exceeds that required by the UDC.
Trash Enclosure: There is an existing trash enclosure on the site that is enclosed by a chain link
fence with slats for screening. The UDC does not allow slats as a screening material or chain link
fencing in commercial districts. Staff is including a DA provision for the Applicant to
construct a trash enclosure around the dumpster that complements the overall design of the
buildings on the site so that the visual impact of the dumpster is fully contained and out of
view.
Sidewalks: Currently, there is not a sidewalk adjacent to Lanark Street. The UDC (11-3A-17)
requires a minimum 5 -foot wide sidewalk to be constructed on the south side of Lanark along the
northern boundary of this site. Staff is including a DA provision for the applicant to construct
a sidewalk adjacent to Lanark Street in accordance with the aforementioned standards.
Multi -Use Pathway: All developments adjacent to State Highway 55 (Eagle Road) are required
to construct a 10 -foot wide multi -use pathway adjacent to the state highway in compliance with
UDC 11-3H4C3. Staff is including a DA provision for the applicant to construct a 10 -foot
wide pathway on the west side of Eagle Road along the full length of the east boundary of
the subject property. Said pathway shall be constructed within the right-of-way or a public
use easement and street lights shall be installed consistent with the Eagle Road Corridor
Study. Coordinate the exact location of the pathway with TTD staff.
Landscaping: The site development plan submitted by the applicant depicts current tree/bush
locations; however, is not a detailed plan (does not show a plant schedule). Per UDC 11-5B-1,
with the establishment of a new use, the applicant is required to comply with current UDC
development standards. Staff has visited the site and reviewed the site development plan
submitted with this application and found the existing landscaping does not comply with many of
the current standards such as:
Lanark Property RZ-08-006 Page 6
CITY OF MERIDIAN PLANNING DARTMENT STAFF REPORT FOR THE HEARINPATE OF DECEMBER 2, 2008
• Typically, a 35 -foot wide landscaped street buffer would be required along Eagle Road,
an entryway corridor. However, in this case, the Idaho Transportation Department does
not encourage landscaping within the right-of-way because it may need to be removed
because of highway improvements and/or maintenance (see letter from ITD in Exhibit
AA). They (TTD) do not replace or repair the landscaping in these instances. Further,
landscaping within the right-of-way requires maintenance and this would need to be done
by someone other then TTD personnel and they prefer not to have non-TTD personnel
working in the right-of-way. Landscaping within the right-of-way requires approval of a
permit to do so; however, TTD discourages this if possible. For this reason, staff is not
requiring the applicant to install landscaping within the buffer adjacent to Eagle Road
The entire buffer width is still required for setback purposes, but landscaping is not
required
• Per UDC Table 11-213-3, a 10 -foot wide street buffer is required along Lanark Street in
compliance with the standards listed in UDC 11-313-7 and 11-313-5. A buffer currently
exists on the site; however, additional landscaping (trees and vegetative groundcover)
is required in compliance with the aforementioned sections of the UDC.
• Parking lot landscaping is required in accordance with the standards listed in UDC 11-
313-7. Staff has reviewed the site development plan and several additional trees are
required to be installed within the planter islands and perimeter landscape buffer along
with vegetative groundcover to meet current UDC standards. Required landscape areas
are required to be at least 70% covered with vegetation at maturity with mulch used
under and around the plants; gravel is not allowed as mulch. Remove and replace
some/all of the gravel with vegetative groundcover in accordance with the
aforementioned requirement. Additionally, all planter islands shall be a minimum of 5
feet in width, measure inside curbs and planter islands shall be placed at the ends of
rows of parking; one planter island, located at the southeast corner of the multi -tenant
building, is below the required width.
A revised site/landscape plan that meets current UDC standards as discussed above and as
detailed in the UDC, should be submitted with any Conditional Use Permit or Certificate of
Zoning Compliance application for the change is use of this site.
Elevations: Elevations of the existing buildings were submitted with this application and are
included as Exhibit A.3 in this report.
Design Standards: Because this site is located adjacent to an entryway corridor, it is subject to
the design standards listed in UDC 11 -3A -19C. The applicant is required to submit a Design
Review application with any future development application (Conditional Use Permit or
Certificate of Zoning Compliance) for this site.
Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC)
permit is to ensure that all construction, alterations and/or the establishment of a new use
complies with all of the provisions of the UDC before any work on the structure is started and/or
the use is established (UDC 11-5134A). To ensure that all of the DA provisions listed in
Exhibit B are complied with, the Applicant will be required to obtain CZC approval from
the Planning Department prior to establishment of the new use. All improvements must be
installed prior to occupancy. Because this site is located adjacent to an entryway corridor,
compliance with the design standards listed in UDC 11 -3A -19C is required. Design Review
approval should be requested concurrently with the CZC application.
Development Agreement: UDC 11 -5B -3D2 provides the Planning & Zoning Commission and
City Council the authority to require a property owner to enter into a Development Agreement
Lanark Property RZ-08-006 Page 7
CITY OF MERIDIAN PLANNING DTMENT STAFF REPORT FOR THE HEARINOATE OF DECEMBER 2, 2008
(DA) with the City of Meridian that may require some written commitment for all future uses. In
this instance, staff believes that a Development Agreement is necessary because a specific
land use is not proposed at this time and to ensure that this property is developed in a
fashion that is consistent with the comprehensive plan and does not negatively impact
nearby properties. If the Commission or Council feel that additional development agreement
provisions are necessary, staff recommends a clear outline of the commitments of the developer
being required.
Prior to rezone ordinance approval, a DA shall be entered into between the City of Meridian,
property owner (at the time of rezone ordinance adoption), and the developer. The applicant shall
contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. The DA shall
incorporate at least the following:
• Allowed uses on the subject property shall be as listed in UDC Table 11-2B-2 for the C-
G district, except that drinking establishment uses shall be prohibited.
• A new trash enclosure shall be constructed around the dumpster that complements the
overall design of the buildings on the site so that the visual impact of the dumpster is
fully contained and out of view from adjacent properties and public streets (UDC 11 -3A -
12B). Chainlink fencing, with or without slats does not qualify as a screening material,
per UDC 11 -3B -SM.
• Construct a minimum 5 -foot wide sidewalk adjacent to Lanark Street along the north
boundary of this site in accordance with the standards listed in UDC 11-3A-17.
• Construct a 10 -foot wide multi -use pathway on the west side of Eagle Road along the full
length of the east boundary of the subject property, per UDC 11 -3H -4C3. Said pathway
shall be constructed within the right-of-way or a public use easement and street lights
shall be installed consistent with the Eagle Road Corridor Study. Coordinate the exact
location of the pathway with TTD staff.
• With the establishment of a new use(s) on this site, the applicant shall comply with all
current UDC standards.
• The Fire Department requires any roadway greater than 150 feet in length that is not
provided with an outlet to have an approved turn around. Currently, the site does not have
an approved turn around. The applicant shall submit written approval from the Fire
Department of an approved turn around with submittal of the Certificate of Zoning
Compliance application.
• A Design Review application shall be submitted with any future development application
(Conditional Use Permit or Certificate of Zoning Compliance) for this site.
• A Certificate of Zoning Compliance application is required to be submitted for a change
in use of the site, prior to commencement of the new use. All required improvements
shall be installed prior to occupancy.
b. Staff Recommendation: Staff recommends approval of RZ-08-006 with a Development
Agreement, based on the Findings listed in Exhibit D and DA provisions listed in Exhibit B of the
staff report. The Meridian Planning & Zoning Commission heard this item on November 6,
2008 At the public hearing they moved to recommend approval of the subiect RZ request.
The Meridian City Council heard this item on December 2 2008 At the public hearing the
Council aunroved the subject R7, request.
Lanark Property RZ-08-006 Page 8
CITY OF MERIDIAN PLANNING ATMENT STAFF REPORT FOR THE HEARIN MATE OF DECEMBER 2, 2008
11. EXHI[BITS
A. Drawings/Other Documents
1. Vicinity/Zoning Map
2. Site Plan
3. Building Elevations (Existing Structures)
4. Letter from the Idaho Transportation Department Regarding Street Buffer Landscaping along
Eagle Road
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
8. Idaho Transportation Department
C. Legal Description & Exhibit Map
D. Required Findings from the Unified Development Code
Lanark Property RZ-08-006 Page 9
CITY OF MERIDIAN PLANNIAPARTMENT STAFF REPORT FOR THE HEAR DATE OF DECEMBER 2, 2008
A. Drawings
1. Vicinity /Zoning Map
Exhibit A Page 1
CITY OF MERIDIAN PLANNINGOARTMENT STAFF REPORT FOR THE HEARINDATE OF DECEMBER 2, 2008
2. Site Plan
Exhibit A Page 1
- DR 7
Exhibit A Page 1
CITY OF MERIDIAN PLANNINGOPARTMENT STAFF REPORT FOR THE HEARVDATE OF DECEMBER 2, 2008
3. Building Elevations (Existing Structures)
3'14" -%.w • 2 .
Exhibit A
Page 1
A,
3'14" -%.w • 2 .
Exhibit A
Page 1
CITY OF MERIDIAN PLANNINGIPARTMENT STAFF REPORT FOR THE HEARIODATE OF DECEMBER 2, 2008
4. Letter from the Idaho Transportation Department Regarding Street Buffer Landscaping along Eagle
Road
c}. "1. 2CU IG:23At PA RICK MCKE_GA ARCH17ECT
3, , 07.'!. ,, 2
IDAHO T"NSPOOTAVON VISPAIVrMENT
aF P0. Box €4028 (208) 334.8300
Bogie, ID 83707.2028 ttd.idahn.gm
Re: 3131/3183 Lanark Street LandscephV
We recalved your letter concerning landscaping within the SH 55 (Eagle Rd.) right of way. If you were to
have a desire to Landscape with)n the right of way you would be required to apply for a permit to do so.
I.T.D, does not eneourage this, as landscaping may need to be removed because of highway
improvements and/or maintenance. We would not replace or repair the landscaping. Landscaping within the
right of requires maintenance and thiswould need to be done by someone tither than 1TD personnel. We
would prefer not to have non IT€i personnel working In the right of way, Landscaping pernits have been
Issued In the past but we try to discourage this If possible.
If you have any questions concerning the access plena call me at 33$-3901.
Sincerely,
?A�ld
its Oh®ate
Sedor Planner
�sceas�+ i
RECEIVEO
Exhibit A Page 1
CITY OF MERIDIAN PLANNING APARTMENT STAFF REPORT FOR THE HEARINIPATE OF DECEMBER 2, 2008
B. Comments/Conditions of Approval
1. PLANNING DEPARTMENT
1.1 Rezone - Comments
1.1.1 The legal description for the proposed rezone submitted with the application (prepared on
October 4, 2007, by Timothy J. Fox, PLS) shows the property within the existing corporate
boundary of the City of Meridian (see Exhibit Q.
1.1.2 A Development Agreement (DA) will be required as part of the rezone of this property. Prior to
the rezone ordinance approval, a DA shall be entered into between the City of Meridian and the
property owner(s) (at the time of rezone ordinance adoption). The Applicant shall contact the
City Attorney, Bill Nary, at 898-5506 within one year of Council approval to initiate this
process; a fee of $303.00 shall be paid by the applicant to the City Attorney's office prior to
commencement of the DA. The DA shall include, at minimum, the following:
a. Allowed uses on the subject property shall be as listed in UDC Table 11-2B-2 for the C-
G district, except that drinking establishment uses shall be prohibited.
b. A new trash enclosure shall be constructed around the dumpster that complements the
overall design of the buildings on the site so that the visual impact of the dumpster is
fully contained and out of view from adjacent properties and public streets (UDC 11 -3A -
12B). Chainlink fencing, with or without slats does not qualify as a screening material,
per UDC 11 -3B -5M.
beundary of this site in aeeeHh-mee with the standards listed in UDG I! 3A 1-7-.
d. Construct a 10 -foot wide multi -use pathway on the west side of Eagle Road along the full
length of the east boundary of the subject property, per UDC 11 -3H -4C3. Said pathway
shall be constructed within the right-of-way or a public use easement and street lights
shall be installed consistent with the Eagle Road Corridor Study. Coordinate the exact
location of the pathway with TTD staff.
e. With the establishment of a new use(s) on this site, the applicant shall comply with all
current UDC standards.
f. The Fire Department requires any roadway greater than 150 feet in length that is not
provided with an outlet to have an approved turn around. Currently, the site does not have
an approved turn around. The applicant shall submit written approval from the Fire
Department of an approved turn around with submittal of the Certificate of Zoning
Compliance application.
g. A Design Review application shall be submitted with any future development application
(Conditional Use Permit or Certificate of Zoning Compliance) for this site.
h. A Certificate of Zoning Compliance application is required to be submitted for a change
in use of the site, prior to commencement of the new use. All required improvements
shall be installed prior to occupancy.
i. The applicant is not required to construct a 35 -foot wide landscape buffer along
Eagle Road.
2. PUBLIC WORKS DEPARTMENT
2.1 All utilities have been installed with the 2005 CUP for Pacific NW Electric.
Exhibit B Page I
CITY OF MERIDIAN PLANNING DARTMENT STAFF REPORT FOR THE HEARINRATE OF DECEMBER 2, 2008
2.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single -point
connection to the culinary water system shall be required. If a single -point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
2.3 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.
3. FIRE DEPARTMENT
3.1 The Fire Department requires any roadway greater than 150 feet in length that is not provided
with an outlet to have an approved turn around. Currently, the site does not have an approved turn
around. The applicant shall submit written approval from the Fire Department of an approved
turn around with submittal of the Certificate of Zoning Compliance application.
4. POLICE DEPARTMENT
4.1 The Police Department did not submit comments to the Planning Department on this application.
5. PARKS DEPARTMENT
5.1 The Parks Department did not submit comments to the Planning Department on this application.
6. SANITARY SERVICES COMPANY
6.1 Provide an approved turn -around for access to the trash enclosure.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 ACHD did not submit comments on this application.
8. IDAHO TRANSPORTATION DEPARTMENT
8.1 No direct access will be permitted to Eagle Road; access will be from E. Lanark.
Exhibit B Page 2
CITY OF MERIDIAN PLANNING DARTMENT STAFF REPORT FOR THE HEARINNATE OF DECEMBER 2, 2008
C. Legal Description & Exhibit Map
FOX Land Surveys, Inc.
LANA;'1—%
r w.s x M:
LOT I AND 2, BLOCK 2 OP THE OLSON AND BUSH bwUSTFUAL PARK SUROMMON ANO A
Rama" 6
17
$ � f � y x s / > Jig 9 r* -1 ' y t i f � F :. 1 '➢` _,. ) 'i 1 ^. ❑5,.
i « i w Y M" M ,'k
Ttae m along the Eas" boundary liras of said Sewn 8, forth 8t°28"W East, a
distance of 498.00 feet to tIm TRUE POINT OF BEGINNING;
�.. f✓` y f _ r f: � f f... 'c a3f . Y � * • z f �:. i `f A x
IS ♦ ^ raa .; f' 1 y.a ' e
POINTthe TRUE OF
Containing f. y x or
f „xt t 3 y df t t e
. 11 .. I f: � yr j s^ • w. '. y i1f .. '1t" _ • y':. ! '
WT 11=11001=1177-1
Ti nla ft J. Fax, PLS 7812
REVI VAL
mERMIAW PUBLIC
Exhibit C Page 2
CITY OF MERIDIAN PLANNING APARTMENT STAFF REPORT FOR THE HEARINPATE OF DECEMBER 2, 2008
CPtta &F rwvollm3z
&08 109
CENTF-R UNE OF RAtLS-,,l-N
U N 0 N p A c I F I c R A I L. R 0 A D
3�
a L 0 C X I
2
L A N A R K S T R E E T
S88-28'WE 320.07'
SA7 I SAO
GP&F WST
#IOW25M,
vr2l"It'll a
Exhibit C Page 3
Jv
Not TO Sculft
SA7 I SAO
GP&F WST
#IOW25M,
vr2l"It'll a
Exhibit C Page 3
CITY OF MERIDIAN PLANNING APARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2, 2008
D. Required Findings from Unified Development Code
1. Rezone Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to rezone the subject property from I -L to C -G. The City Council
fords that the proposed zoning map amendment complies with the applicable provisions of
the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of
the staff report for more information.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council fords that the requested C -G zoning for this property would provide for the
retail and service needs of the community, as stated in the purpose statement for the
commercial districts.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council fords that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. Staff recommends that the Commission and Council rely on
any oral or written testimony that may be provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The City Council fords that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (UDC 11 -5B -3.E).
This finding is not applicable as the applicant is requesting approval of a rezone, not
annexation.
Exhibit D Page 1
0
December 19,2W8 CPA 08-003
MERIDIAN CITY COUNCIL MEETING December 23, 2008
APPLICANT Primeland Investment Group, LLC ITEM NO. 5-D
REQUEST Resolution — Request for a CPA 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 — w/o Ten Mile
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 Resolution
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
• ADA COUNTY RECORDS AVID NAVARRO AMOUNT .00
BOISE IDAHO 1229108 0 PM
DEPUTY Pattl Thompson III IIIIIITI)(II'IIIII'I'I)II' III'll
RECORDED -REQUEST OF 108136920Meridian City
CITY OF MERIDIAN RESOLUTION NO. Cjj - � 7 O
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 VOLTERRA AREA LOCATED AT NORTH TEN
MILE ROAD AND WEST MCMILLAN ROAD, MERIDIAN, IDAHO, TO EXPAND
FUTURE LAND USE DESIGNATIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302
to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in
addition to the special powers therein granted, to maintain the peace, good government and welfare
of the corporation and its trade, commerce and industry; and
WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as
resolution 02-382; and
WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land
use map of the 2002 Comprehensive Plan for the Volterra area located at the northwest corner of
N. Ten Mile Road and W. McMillan Road, in the Southeast %z of Section 27, Township 4 North,
Range 1 West, Meridian, Idaho to expand future land use designations; and
WHEREAS, the Mayor and City Council have provided all the requisite notices, held the
necessary hearings, and received the required information necessary to make a final decision as
required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN, IDAHO AS FOLLOWS:
SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby
amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached
hereto incorporated herein by reference. A copy of this Resolution and the attached amendment
shall be held on file in the office of the City Clerk.
SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect
immediately upon its adoption and approval.
ComPxEEHENsrvE PLAN AmENDmE rr FOR FuTuRE LAND USE MAP — VOLTERRA AREA — CPA 08-003
Page 1 of 2
0 0
ADOPTED by the City Council of the City of Meridian, Idaho, this 23 day of
2008.
3 ✓
APPROVED b a
y the Mayor of the City of Meridian, Idaho, flus � day of
11:
ATTEST:
aycee V. Holman, City
APPROVED:
Mayor Tamm eerd
Of- K4ERl0A
AL =
r ' �0 ® `
COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP — VOLTERRA AREA — CPA 08-003
Page 2 of 2
December 19, 2008
MERIDIAN CITY COUNCIL MEETING December 23, 2008
APPLICANT ITEM NO. 5-E
REQUEST Change Order No. 1 for Well 14 Pump Replacement with Layne of
Idaho, Inc. for $1,596.00
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:
See attached
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
0
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, ID 83642
CONTRACT CHANGE ORDER
Change Order No.: 1
Project Number. 07329
Date: 12/16/2008
Effective Date:
CONTRACTOR: Layne of Idaho, Inc.
PROJECT: Well 14 Pump Replacement
The Contractor is hereby directed to make the following changes from the Contract Documents and Plans.
Desciptlon:
1) Electrical work
Reason for Change Order:
Electrical work was not in the original contract
Attachments:
Contractor quote
CHANGE IN CONTRACT PRICE:
CHANGE IN CONTRACT TIMES:
Original Contract Price: $34,738.81
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
$0.00
Contract Price Prior to this C.O.:
Contract Completion Date before this C.O.:
$34,738.81
Net Increase (decrease) of this C.O.:
Net Days Increase (decrease) of this C.O.:
$1,596.00
Contract Price with all Approved C.O. s.
Contract Completion Date with all Approved C.O.'s:
$36,334.81
RECOMMENDED: (CONSTRUCTION MANAGER)
ACCE (CONTRACTOR
" w
By:
By:
Da . 171A
Date:
APPROVED: (CITY PURC I AG
COUNCIL APPROVAL
By: Keith Watts
Date: —1 —O
Date: �`��,► �'�,.
M
APPROVED:
ATTEST:
SEAL
By: Mayor Tam eerd
By: City Clerk, ayc ee Holman
Date: Z ��
Date:
1 :
�. .Q " r 75 + • •C .�r
•
12/15/2008 16:12 2084665078
Carrie oilda/�ro, /nl�
700 NorftWe Blvd. Nampa, Idaho 83863
Tel (208) 466-7376 Fax (208) 468-13078
®methal MMdaho®gwmLnet
0
LAYNE
Q uotatiion/Eadmate
PAGE 02/02
Ta: City of Meriden aft Roxanne
From. Stm Cook
Phone: 888-5500
Date: 1211 tif2008
F= 887-1297
Pages 1 Including this page
Re, Rewire pumping plant - Well 044
Wuah*. 1208-M
T Urgent W� For PAWew C- P,lecse Content F- Pima Reply
Qtv
Manutaclurer I P Number / Des n
that Qvcte
Quote TOW
Per your request, we are pleased to quote the following:
1
New solenoid valve for prelube
1
3/0 wire run with lugs
1
Labor
$1,596.00
$1,596.00
Note: conduit extensions were Included In original quote
%4uuue route 1 41,076.cur 1
Quote Is vald for 30 days.
Aft items ore subject to prior sale.
All items are quoted F.O.B. otigin. (unless othenaise noted)
Prices are quoted for one time sale, any changes In quantity may change unit casts.
Shipping costs are to be COLLECT or Prepaid then added to invoice. lunless otherwise noted)
Please contact me with any questions. I welcome your calls, and took forward to help ft you.
Received Time Dec. 15. 2008 3:19PM No. 1184
Memo
To. Jaycee Holman; Tara Green
From: Roxanne Holland, Siff Engineer
rholand@merldlanclty.org
Merman Public Works Depertment
660 E. Waterlamr, Suite 200
Phone: 898-5500
Fax: 898-9551
CQ Kyle Radek, P.E., Assistant City Engineer
Daft 12/16/2008
Re: Proposed Agenda Item for December 23, 2008 City Coundl Meeting
The Public Warks Department respectfully requests the follo%ft item be placed on the
December 23, 2008 City Council agenda, under Consent Agenda, for Council's
ChaMe Order No. 1 for Well 14 Pump Reaiacement (construction). Additional work is
required for the completion of the Well 14 Pum Replacement project (construction). This
change order consists of the following work and amounts to 4.5% of the construction
contract
Electrical work
Recommended Council Action: The Public Works Department
recommends that City Council approves Change Order No.1 for the Well 14
Pump Replacement project (construction) with Layne of Idaho, Inc., for
$1,596.00 and authorbm the Mayor to sign It.
Thank you for your consideration. Please contact me if you have any questions regard'mg
this item.
0 Page 1
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, ID 83642
CONTRACT CHANGE ORDER
to
Change Order No.: 1
Project Number. 0732e
Date: 1211612008
Effective Date:
CONTRACTOR: Layne of Idaho, Inc.
PROJECT: Well 14 Pump Replacement
The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans.
Desciption:
1) Electrical work
Reason for Change Order:
Electrical work was not in the original contract
Attachments:
Contractor quote
CHANGE IN CONTRACT PRICE:
CHANGE IN CONTRACT TIMES:
Original Contract Prk e: $34,738.81
Original Contract Completion Date:
Original Contract Completion Days:
Net changes form previous C.O. s.:
Net Days change form previous C.O. s:
No. 2 to 0
No. 2 to 2
$0.00
Contract Price Prior to this C.O.:
Contract Completion Date before this C.O.:
$34,738.81
Net Increase (decrease) of this C.O.:
Net Days Increase (decrease) of this C.O.:
$1,596.00
Contract Price with all Approved C.O.'s:
Contract Completion Date with all Approved C.O. s:
$36,334.81
RECOMMENDED: (CONSTRUCTION MANAGER)
ACCE�CO
mi
By:
By:
Da . u?, _I _M
Date:
mac/
APPROVED: (CITY PURC I AG
COUNCIL APPROVAL
By. Keith Waft
Date: ) -1-7 —0 �
Date:
APPROVED: (CITY)
ATTEST:
By: Mayor Tammy de Weerd
By: City Clerk, Jaycee Holman
Date:
Data:
0
12/15/2008 16:12 2084665078
700 Northside Hlvd. Nampa, fdaho 83883
Tet 12081468-7376 Fax (208) 466-5078
email layneofidahoSgwect.net
To: City of Meridian aft Roxanne
PhD= 888-5500
Fix 887-1297
Fie: Rewire pumping plant - Well #W
LAYhE
Quotation/Estimate
From; Steve Cook
Ooe; 12/15/2008
Paget 1 inclucllng this page
QaoW- 1208.008
r urgent i For Review r P.16 a Ccmnwt F Please Reply,
PAGE 02/02
VUOUD 101MI 1. 4I'D '6.2E
Quote Is valid for 30 days.
EUI hems ore subject to prior sate.
Al Items are quoted F.O.B. origln. (unless otherwise noted)
Prices are quoted for one time sale, any changes In quantity may change unit costs,
Shipping costs are to be COLLECT or Prepold then added to Invoice. Bess otherwise noted) -
Please contact me with any questions. I welcome your calls, and took forward to helpimg you.
Received Time Dec. 15, 2008 3:19PM No. 1184
Manufacturer Pot Number beisatdon
Unit quota
I Quoteof
Per your request, we are pleased to quote the following:
1
New solenoid valve for prelube
1
3/0 wire run with lugs
1
Labor
$1,596.00
$1.596.00
Note: conduit extensions were included in original quote
VUOUD 101MI 1. 4I'D '6.2E
Quote Is valid for 30 days.
EUI hems ore subject to prior sate.
Al Items are quoted F.O.B. origln. (unless otherwise noted)
Prices are quoted for one time sale, any changes In quantity may change unit costs,
Shipping costs are to be COLLECT or Prepold then added to Invoice. Bess otherwise noted) -
Please contact me with any questions. I welcome your calls, and took forward to helpimg you.
Received Time Dec. 15, 2008 3:19PM No. 1184
• 0
December 19, 2008
MERIDIAN CITY COUNCIL MEETING December 23, 2008
APPLICANT ITEM NO. S -F
REQUEST Approve Bid Results and Award to Pipeline Inspection Services for
FY09 Sewer Line Cleaning and CCTV for the not to exceed amount of $75,893.50
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER: See attached
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
•
Memo
To: Jaycee Holman, City Clerk
From: Roxanne Holland, Public Works
CC: Tara Green, Clint Dolsby, Keith Watts
Date: 12/18/08
Re: December 23 City Council Meeting Agenda Item
0
The Public Works Department respectfully requests that the following items be placed on the
December 23, 2008 City Council Agenda, under Consent Agenda, for Council's
consideration.
FY 2009 Sewer Line Cleaning and CCN Bid Results and Award
Award of Bid # PW -09-005 and Authorization to enter into a Standard City Contract with Pipeline
Insepction Services for FY 2009 Sewer Line Cleaning and CCN. The contract is the result of
Invitation for Bid # PW -09-005.
Recommended Council Action: Award of Bid and Authorization to enter into a Standard
City Contract with Pipeline Inspection Services for FY 2009 Sewer Line Cleaning and CCN
for the NOT -TO -EXCEED amount of $75,893.50 and authorize the Mayor to sign and City
Clerk to attest.
Thank you for your consideration.
December 19, 2008
MERIDIAN CITY COUNCIL MEETING December 23, 2008
APPLICANT ITEM NO. S-G
REQUEST Memorandum of Understanding Addendum for Whitestone Subdivision
Lift Station with Whitestone Homeowners Association
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR: see attached
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00BOISE 4
DEPIDAHO
UTYPa Thompson
PM
RECORDED—REQUEST OF
Meridian City
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 q
BOISE IDAHO 01/09/09 09:26 AM
DEPUTY Danielle Goulette III IIIIIIIIIIIIIIIIIIIIIIIIIIIII�I III
RECORDED—REQUEST OF I
Merldlan Clty 109002089
This sheet has been added to the document to
accommodate recording information.
First Addendum to Memorandum of
Understanding Between the City of Meridian and
Whitestone HOA for Whitestone Subdivision
Approved by City Council on December 23, 2008.
FIRST ADDENDUM TO
MEMORANDUM OF UNDERSTANDING
REGARDING THE SANITARY SEWER LIFT STATION
AT WHITESTONE SUBDIVISION
BETWEEN
WHITESTONE HOMEOWNERS ASSOCIATION
AND
THE CITY OF MERIDIAN
THIS FIRST ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING is made and entered into this
23RD day of December, 2008, by and between the Whitestone Homeowners Association (HOA) and The
City of Meridian, Idaho (City), to establish extend the deadline for entering into a final agreement.
WHEREAS, on the 11the day of September 2008, the parties entered into a Memorandum of
Understanding regarding the sanitary sewer lift station at the Whitestone Subdivision; and
WHEREAS, the Memorandum of Understanding included a deadline of December 31st 2008 to reach a
final agreement providing the City of Meridian clear title to the lift station lot; and
WHEREAS, the parties desire to mutually agree on an extension to the deadline as allowed by the
Memorandum of Understanding.
NOW, THEREFORE, the parties hereby agree to amend the Memorandum of Understanding as follows:
The deadline to reach a final agreement is extended to March 31, 2009.
ALL OTHER TERMS AND CONDITIONS OF THE MEMORANDUM OF UNDERSTANDING REMAIN
UNCHANGED.
IN WITNESS WHEREOF, the parties do execute this First Addendum to the Memorandum of
Understanding the day and year first above written.
WHITESTONE HOMEOWNERS ASSOCIATION
A
Albert Siron, President
CITY OF MERIDIAN, IDAHO
Attest:
STATE OF IDAHO,)
. ss.
County of Ada,
Tam d Weerd, Mayo\\\� Of
'City QQrk
A"
On this 3day of 08, before me, the undersigned, a Notary Public
in and for the State of Idaho, personally appeared x -t S 1 f8Q , known or identified to
me to be the President of the Whitestone Homeowners Association who executed this instrument on
behalf of said association and acknowledged to me that such association executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
SEAL *0000000000
M ®'o• otary Public or Idaho
�'®°��°�°.,�•® Residing at:
t" e; My commission Expires:
r r
!pegl eea /
® yr
p � L`
STATE OF IDAHO, )
. ss.
County of Ada,
Onthis2Aayof C M b2-- ,2008, before me, the undersigned, a Notary Public
in and for the State of Idaho, personally appeared Tammy de Weerd and ., known to
me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subsbribed their names to the
within instrument and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
SEAL ®®®,666M. ®®�®
_?
sed - ®T ,
s
6 .
Mary Public for Idaho
Residing at:
My commission Expires:
0
FIRST ADDENDUM TO
E
MEMORANDUM OF UNDERSTANDING
REGARDING THE SANITARY SEWER LIFT STATION
FA*7 I t -*Ife1`L=&-1117-1t 6-K0h1
BETWEEN
WHITESTONE HOMEOWNERS ASSOCIATION
I�\ � 0
THE CITY OF MERIDIAN
THIS FIRST ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING is made and entered into this
23RD day of December, 2008, by and between the Whitestone Homeowners Association (HOA) and The
City of Meridian, Idaho (City), to establish extend the deadline for entering into a final agreement.
WHEREAS, on the 11 the day of September 2008, the parties entered into a Memorandum of
Understanding regarding the sanitary sewer lift station at the Whitestone Subdivision; and
WHEREAS, the Memorandum of Understanding included a deadline of December 31St 2008 to reach a
final agreement providing the City of Meridian clear title to the lift station lot; and
WHEREAS, the parties desire to mutually agree on an extension to the deadline as allowed by the
Memorandum of Understanding.
NOW, THEREFORE, the parties hereby agree to amend the Memorandum of Understanding as follows:
The deadline to reach a final agreement is extended to March 31, 2009.
ALL OTHER TERMS AND CONDITIONS OF THE MEMORANDUM OF UNDERSTANDING REMAIN
UNCHANGED.
IN WITNESS WHEREOF, the parties do execute this First Addendum to the Memorandum of
Understanding the day and year first above written.
WHITESTONE HOMEOWNERS ASSOCIATION
By
v
Albert Siron, President
CITY OF MERIDIAN, IDAHO
M
Tam d Weerd, May®
Attest:
qty GWrk
STATE OF IDAHO, )
. ss.
County of Ada,
i"
On this Aday of Mbe K-08, before me, the undersigned, a Notary Public
in and for the State of Idaho, personally appeared=r' S 1 `["((� , known or identified to
me to be the President of the Whitestone Homeowners Association who executed this instrument on
behalf of said association and acknowledged to me that such association executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
SEAL 000®0!0000®
®�® ®P ® 01
otary Public or Idaho
Residing at:
1
My commission Expires:
t ,
�eggg,� r e
•
m
STATE OF IDAHO, )
: ss.
County of Ada,
On this 22day of 11FCC rn 6P j/" ,2008, before me, the undersigned, a Notary Public
in and for the State of Idaho, personally appeared Tammy de Weerd and , known to
me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subsbribed their names to the
within instrument and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
SEAL
Residing at:_U
My commission
r�L
0
December 19, 2008 Department Reports
MERIDIAN CITY COUNCIL MEETING December 23, 2008
APPLICANT Legal Department ITEM NO. 6-A-1
REQUEST Discussion of City Hall Lease Agreement
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY See attached
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
Date: Phone:
Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
0
LEASE AGREEMENT
MERIDIAN CITY HALL
Meridian, Idaho
between
The City of Meridian
as Landlord
and
Congressman Walt Minnick
as Tenant
Dated: December 23, 2008
LEASE AGREEMENT
(Office)
THIS LEASE AGREEMENT ("Lease") is entered into effective this 23rd day of December,
2008, by and between The City of Meridian, Idaho, an Idaho Municipal Corporation
("Landlord") and Congressman Walt Minnick (` renant").
1. Basic Lease Provisions. For purposes of this Lease, the following terms have the
following definitions and. meanings:
1.1 Landlord's Address (For Notices): Office of the City Clerk, 33 E. Broadway
Avenue, Meridian Idaho, or such other place as Landlord may from time to time designate by
notice to Tenant.
1.2 Tenant's Address for Notices (Premises): Suite 251, 33 E. Broadway Avenue,
Meridian Idaho, or such other place as Tenant may from time to time designate by notice to
Landlord
1.3 Premises: Suite 251 of the Meridian City Hall (the "Building"), located at 33
East Broadway Avenue, Meridian, Idaho 83642, as shown on Exhibit A, containing
approximately 1812 rentable square feet. Exact rentable square footage will be determined upon
completion of a Tenant improvement plan.
1.4 Term: The Primary Term and Option Periods (if validly exercised according to
the terms of this Lease) set forth below are collectively referred to in this Lease as the "Term."
1.4.1 Primary Term: Twenty Four (24) Lease Months.
1.4.2 Option Periods: Two additional twelve (12) month option periods.
1.5 Rent Commencement Date (or "Commencement Date"): January 3, 2009
1.6 Occupancy Date: January 5, 2009
1.7 Expiration Date: December 31, 2010
1.8 Initial Base Rent: $ 18.00 per square foot, per year, estimated to be $ 2,718.00
per month, to be adjusted annually pursuant to Section 4 of this Lease.
1.9 Security Deposit: None
1.10 Permitted Use: Local Congressional Office for staff of Rep. Walt Minnick and
associated uses.
1.11 Exhibits: The Exhibits and Addendum which are attached to this Lease are
incorporated herein by this reference.
LEASE AGREEMENT -1
1.12 Defined Terms: The headings provided in this Section 1 in bold print are used in
this Lease as defined terms.
This Section 1 represents a summary of the basic terms and definitions of this Lease. In
the event of any inconsistency between the terms contained in this Section 1 and any specific
provision of this Lease, the terms of the more specific provision shall prevail.
2. Premises. In consideration of the payment of rent and the performance of the covenants
and agreements hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases
from Landlord the Premises, together with and subject to all conditions, restrictions, obligations,
rights, privileges, easements and appurtenances thereto.
3. Common Areas. Tenant shall have the non-exclusive right to use all common areas
located within the Building, including, but not limited to, entrance ways, foyers, elevators and
restrooms, breakroom, exercise room, locker rooms and other areas intended to be used in
common by all of the tenants of the Building and their invitees, and the common areas located on
the land on which the Building is situated, including, but not limited to, the parking lot and
sidewalks adjacent to the Building and all other areas on such land intended to be used in
common by all of the tenants of the Building and their invitees (collectively, "Common Areas").
4. Rent and Term.
4.1 Rent. Beginning with the Rent Commencement Date, Tenant shall pay to
Landlord, via Electronic Funds Transfer, on the twentieth day of each month, in arrears, Base
Rent in accordance with the schedule set forth below. Base Rent for any partial month at the
beginning or end of the Term shall be prorated. As used in this Lease, the term "Rent" shall
mean Base Rent as defined below. All payments of Rent shall be made without deduction, set
off, discount, or abatement in lawful money of the United States in good and immediately
available funds.
4.1.1 Base Rent; CPI Increases. The annual base rent (`Base Rent") for the
first Lease year shall be $ 18.00 per square foot, estimated to be $ 32,616.00 per year, to be paid
in monthly installments of $ 2,718.00 each. The annual Base Rent to be paid by Tenant to
Landlord shall be increased annually effective on the anniversary of the Rent Commencement
Date of this Lease by a percentage equal to the annual percentage increase in the Consumer Price
Index (CPI) published by the Bureau of Labor Statistics of the Department of Labor (1984=100)
for All Urban Consumers - All Items (or other applicable index). The base of the CPI for
computation of the increase, if any, shall be the month in which the Rent Commencement Date
occurs. If no publication is made or yet available for such month, the base shall be the last
preceding month for which publication is available on the anniversary of the Rent
Commencement Date. The CPI for the same month shall be compared annually to determine the
percentage increase and the resulting percentage shall be applied to the monthly rental rate then
in effect to determine the monthly rent to be paid for the ensuing year.
Landlord shall notify Tenant of any increase in the monthly rental rate resulting from such
computation and Tenant shall pay Landlord the amount of such increase retroactively to the
effective date thereof. If the CPI is discontinued or replaced, Landlord shall substitute a
LEASE AGRF.EAW 1T - 2
comparable index based upon the cost of living or purchasing power of the consumer dollar
published by any other governmental agency. If no such index is available, then Landlord shall
select a comparable index published by a major bank or other financial institution or by a
university or a recognized financial publication. If the items incorporated in the CPI are revised,
an equitable adjustment will be made and a formula developed to permit an annual rental
adjustment. This would reflect any decline in the purchasing power of the basic rental payment
called for in this Lease, and would produce results equivalent, as near as possible, to those that
would have been obtained if the CPI had not been so revised.
4.2 Term.
4.2.1 Primary Term. The Term shall be for the period designated in Section 1
commencing on the Commencement Date, and ending on the Expiration Date, unless extended
pursuant to Section 4.2.2 below. Upon the request of Landlord, Tenant shall execute a written
acknowledgment of the Commencement Date and/or Expiration Date.
4.2.2 Option Periods. Providing Tenant is not in default at the time Tenant
exercises its option to extend or at the commencement of the applicable Option Period(s), Tenant
shall have the option to extend the Primary Term for the option period(s) set forth in Section 1
(the "Option Periods"). The initial Rent for the Option Periods shall be the Rent during the last
year of the Primary Term, or previous Option Period, as applicable, as increased at the
commencement of the applicable Option Period pursuant to the provisions of Section 4.1.1;
however, in no event shall such adjustments reduce the Rent below the Rent as increased by any
prior adjustments. Tenant shall be required to give Landlord written notice of its intention to
exercise such option not less than forty five (45) days in advance of the expiration date of the
Primary Term, or current Option Period, as applicable.
S. Uses.
5.1 General Use. The Premises shall be used only for the use set forth in Section 1
("Permitted Use") and for no other use without the prior written consent of Landlord, which may
be withheld in Landlord's sole discretion. Tenant shall not commit or allow to be committed any
waste upon the Premises, or any nuisance or other act in or about the Premises that disturbs the
quiet enjoyment of any other tenant in the Building. Tenant shall comply with all laws and
regulations relating to its use or occupancy of the Premises or of the Common Areas. Tenant
shall observe such rules and regulations for the Building as may be adopted by Landlord.
5.2 No Hazardous Substances. Tenant agrees not to use, store or deposit any
substance that is hazardous or dangerous to person, property or the environment (or any similar
substance) as now or hereafter defined by or determined pursuant to any applicable law or
regulation ("Hazardous Substance") in, on or about the Premises in violation of applicable law.
5.3 Insurance Risks. Tenant will not do or permit to be done any act or thing upon
the Premises, the Building or the Common Areas which would (a) jeopardize or be in conflict
with fire insurance policies covering the Building and fixtures and property in the Building;
(b) increase the rate of fire insurance applicable to the Building to an amount higher than it
otherwise would be for the general office use of the Building; or (c) subject Landlord to any
LEASE AGREEMENT - 3
• 0
liability or responsibility for injury to any person or persons or to property by reason of any
business or operation being carried on upon the Premises.
6. Assignment and Subletting. Tenant shall not, without first obtaining Landlord's written
consent, which may be withheld in Landlord's sole discretion: (1; sell, assign, mortgage, or
transfer this Lease (or any interest therein); (2) sublease all or any lwrtion of the Premises; or
(3) allow the use or occupancy of the Premises by anyone other than Tenant. Landlord's consent
to any assignment or sublease shall not operate as a waiver of the necessity for consent to any
subsequent assignment or sublease.
7. Care of Premises. Tenant shall keep the Premises in a neat, clean and sanitary condition
and shall at all times preserve them in good condition and repair, ordinary wear and tear
excepted If Tenant shall fail to do so, Landlord may at its option place the Premises into said
condition and state of repair, and in such case Tenant on demand shall pay or reimburse
Landlord for the costs thereof.
8. Surrender of Premises; Removal of Property. Upon expnation or termination of the
Lease Term, whether by lapse of time or otherwise (including any holdover period), Tenant at its
expense shall: (1) remove Tenant's goods and effects and those of all persons claiming under
Tenant, (2) repair and restore the Premises to a condition as good as received by Tenant from
Landlord or as thereafter improved, reasonable wear and tear excepted, and (3) promptly and
peacefully surrender the Premises (including surrender of all improvements installed in the
Premises by Landlord or Tenant, except Tenant's trade fixtures that do not become part of the
Building).
9. Condition of Premises; Alterations.
9.1 Landlord's Improvements; Premises "As Is". Iamdlord shall complete the
improvements described on plans prepared by LCA Architects, designated as Job No 06016.04,
dated December 05, 2008 and generally depicted in the floor plan abached hereto as Exhibit A.
After completion of Landlord's work, and inspection by Tenant, Tenant shall accept the
Premises "as is" (except for any punch list items of which Tenant notifies Landlord). Landlord
has not made any representations or promises whatsoever with respect to the Building or the
Premises, and Tenant is relying on its own investigation and inspection of the Premises and its
own determination of the suitability of the Premises, physically and legally, for its intended use.
In the event that Landlord's Improvements are not substantially complete on the Occupancy Date
set forth in Section 1.6, Landlord shall make an adjustment to the Rent Commencement Date
commensurate with the date of substantial completion.
9.2 Delivery of Premises. The Premises shall be delivered in a turn key condition
broom clean per the improvement plan subject to: Any final punch list items which will not
materially affect the use of the Premises, Ingress and egress to the Premises is free and
unobstructed, The architect for the project has certified that construction of the leasehold
improvements is in conformity with applicable building codes, The Building has been completed
in conformity with applicable building codes, A temporary certificate of occupancy has been
issued which states that all work is complete except for Tenant's fixtures (so long as there are no
LEASE AGREEMENT - 4
conditions to such certificate which causes material interference with Tenant's use of the Leased
Premises), All utility and building systems are functioning in a workmanlike fashion.
9.3 Tenant's Improvements. In the event that Tenant desires to undertake any
improvements over and above Landlord's Improvements at Tenant's sole cost:, Tenant shall do so
only with the written approval of Landlord, such approval being in Landlord's sole discretion.
Any such improvements shall be performed in a good and workmanlike manner in compliance
with all applicable laws, codes and regulations, and all materials used shall be of a quality
comparable to those in the Premises and the Building and shall be in accordance with plans and
specifications approved by Landlord. All damages or injury done to the Premises, Common
Area or the Building by Tenant or by any persons who may be in or upon the Premises, Common
Area or the Building with the express or implied consent of Tenant; .shall be paid for by Tenant.
All improvements (except Tenant's trade fixtures that do not become a part of the Building) shall
remain in and be surrendered with the Premises at the expiration or sooner termination of this
Lease.
9.4 Alterations. Tenant shall make no additions, changes, alterations or
improvements ("Work") to the Premises, or any electrical, mechanical or fire protection facilities
pertaining to the Premises without the prior written consent of Landlord. All Work shall be at
Tenant's sole cost and shall be performed in a good and workmanlike manner in compliance
with all applicable laws, codes and regulations, and all materials used shall be of a quality
comparable to those in the Premises and the Building and shall be in accordance with plans and
specifications approved by Landlord All improvements (except Tersant's trade fixtures that do
not become a part of the Building) shall remain in and be surrender ;d with the Premises at the
expiration or sooner termination of this Lease.
Tenant agrees to include in all construction contracts for work performed upon the
Premises or Building a notice to all contractors, subcontractors, laborers and material suppliers
that: (i) the Tenant is not acting as the agent of the Landlord; (ii) Tenant's interest in the
Premises and Building is subject to the terms and conditions of the Lease; (iii) upon the
termination of the Lease, title to all improvements located on the Premises and Building shall
pass to the Landlord free and clear of all claims, liens and encumbrances; and (iv) the
contractors, subcontractors, laborers and material suppliers agree that their rights to the Premises
and Building, if any, shall be limited to the rights of the Tenant under the Lease.
10. Services and Maintenance.
10.1 Basic Services. Landlord shall provide mechanical, cooling, heating and
ventilation during "Normal Business Hours," which means 7:00 am, to 6:00 p.m. on weekdays,
excluding legal holidays. Landlord shall provide cooling, heating arsd ventilation at times other
than Normal Business Hours upon Tenant's request and with reasontsble notice to Landlord, and
Tenant shall pay the costs thereof. If Tenant has special mechanical, cooling, heating,
ventilation, electrical or other requirements, then the cost of furnishing, installing, operating and
maintaining the equipment and appurtenances (including separate meters if required by Landlord
to satisfy these requirements) shall be borne by Tenant. Landlord shill not be liable for any loss
or damage caused by or resulting from any variation, interruption or failure of such services
LEASE AGREEMENT - 5
unless caused by the negligence or wilful misconduct of Landlord, and no temporary interruption
or failure of such services incident to the mating of repairs, alterations or improvements or due
to accident or strike conditions shall be deemed an eviction of Tenant or relieve Tenant from any
of Tenant's obligations hereunder.
10.2 Maintenance. Landlord shall repair and maintain the structural portions of the
Building, including the basic plumbing, air conditioning, heating and electrical systems, the
exterior of the Building, the parking lot and the landscaping, unless such maintenance or repairs
are required as a result, in whole or in part, of the act of, or neglect of any duty by, Tenant, its
agents, servants, employees, or invitees, in which event Landlord may file a claim under the
Federal Tort Claims Act for reimbursement of the cost of performing the repairs necessary that
are caused by the acts, neglect, or duty of the Tenant, agents, servants, employees, or invitees.
Except for those areas designated in this Section to be maintained by Landlord, Tenant
shall repair and maintain in good condition and repair, the Premises, and any and all
appurtenances thereto, during the term of this Lease.
10.3 Basic Utilities. Landlord shall furnish water, sewer, electricity and natural gas
service to the Premises and the cost of such utility service, including costa based on
consumption, shall be the expense of Landlord. Notwithstanding anything contained in this
Section to the contrary, the agreement by Landlord is predicated on Tenant not engaging in any
business which would cause a consumption or use of such utility services beyond that normally
associated with office usage. In the event Landlord reasonably determines that Tenant's
consumption or use of any such utility is greater than that normally associated with office usage,
Landlord shall bill Tenant for the cost of such special or comparatively excessive use of such
utility services on a regular basis and all such billings shall be due and payable as additional Rent
together with the next scheduled Rent payment. Landlord shall not be liable for any loss or
damage caused by or resulting from any variation, interruption or failure of such services due to
any cause whatsoever, and no temporary interruption of failure of such services incident to the
making of repairs, alterations or improvements or due to accident or strike conditions shall be
deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder.
10A Additional Utilities. Tenant shall purchase all other utility services, including
but not limited to telephone, cable, internet, and television services desired by Tenant from the
utility or municipality providing such service, and shall pay for such services when such
payments are due.
10.5 Janitorial Services. Landlord agrees to furnish daily janitorial service for
Tenant. Such service shall include sweeping or vacuuming of unrestricted floor areas in offices,
emptying of waste paper receptacles and cleaning of restroom areas.
11. Entry and Inspection. Landlord at all reasonable times (and at any time in case of
emergency) may enter the Premises for the purpose of inspection, cleaning, repairing, altering or
improving the Premises or the Building subject to Tenant's reasonable security requirements.
Landlord shall have the right at reasonable times to enter the Premises for the purpose of
showing the Premises to any prospective purchasers, mortgagees or tenants of the Building.
LEASE AGREEMENT - 6
• 0
during any twelve (12) month period, and if after such written notice any Rent is not paid when
due, an Event of Default will be considered to have occurred without further notice; or
14.1.2 Failure by Tenant to perform or observe any of the other terms, covenants,
conditions, agreements or provisions of this Lease if such failure shall continue for a period of
Ten (10) days after written notice thereof has been given to Tenant; provided, if any such failure
cannot reasonably be cured within Ten (10) days then Tenant shall not be deemed to be in
default if Tenant commences to cure such failure within a reasonable time not to exceed Ten (10)
days and for as long as Tenant is diligently prosecuting the cure thereof up to a total of Thirty
(30) days after the notice from Landlord has been given; or
14.1.3 Any misrepresentation or material omission of information made by
Tenant orally to Landlord or in any documents or other materials provided by Tenant to
Landlord in connection with this Lease; or
14.1.4 Any prolonged absence by Tenant from the Premises ("vacation"), or an
absence from the Premises of five (5) days or more while Tenant is in default ("abandonment");
or
14.15 This Lease, any part of the Premises, or any property of Tenant's are taken
upon execution or by other process of law directed against Tenant, or are taken upon or subject
to any attachment by any creditor of Tenant or claimant against Tenant, and said attachment is
not discharged or disposed of within fifteen (15) days after its levy; or
14.1.6 Tenant files a petition in bankruptcy or insolvency or for reorganization or
arrangement under the bankruptcy laws of the United States or under any insolvency act of any
state, or admits the material allegations of any such petition by answer or otherwise, or is
dissolved or makes an assignment for the benefit of creditors; or
14.1.7 Involuntary proceedings under any such bankruptcy law or insolvency act
or for the dissolution of Tenant are instituted against Tenant, or a receiver or trustee is appointed
for all or substantially all of the property of Tenant, and such proceeding is not dismissed or such
receivership or trusteeship vacated within thirty (30) days after such institution or appointment;
or
14.1.8 The doing or permitting to be done by Tenant of any act which creates a
mechanic's or other lien or claim against the land or Building of which the Premises are a part
Jr—
and the same is not released or otherwise provided for by indemnification satisfactory to
Landlord within 30 days thereafter, and
14.1.9 Tenant fails to take possession of the Premises on the Occupancy
Commencement Date.
14.2 Landlord Remedies for Tenant Default. If any default occurs hereunder,
Landlord may, at any time thereafter and without waiving any other rights hereunder, do one or
more of the following:
LEASE AGREEMENT - 8
14.2.1 Terminate this Lease, by written notice on the earliest date permitted by
law or on any later date specified in such notice, in which case Tenant's right to possession of
the Premises will cease and this Lease will be terminated;
14.2.2 Without further demand or notice, reenter and take possession of the
Premises or any part of the Premises, repossess the same, expel Tenant and those claiming
through or under Tenant, and remove the effects of both or either, using such force for such
purposes as may be necessary, without being liable for prosecution, damage or otherwise and
without being deemed guilty of any manner of trespass, and without prejudice to any remedies
for arrears of Rent or other amounts payable under this Lease or as a result of any preceding
breach of covenants or conditions;
14.2.3 If Tenant should abandon, vacate or surrender the Premises or be
dispossessed by process of law, any personal property left upon the Premises shall be held by the
Landlord for Tenant's account. The Landlord shall contact the Office of the Administrative
Counsel to make arrangements to have the property removed;
14.2.4 Should Landlord elect to reenter as provided in Section 14.2.2 or should
Landlord take possession pursuant to legal proceedings or pursuant to any notice provided by
law, Landlord shall be allowed to collect any past rent owing;
14.25 Landlord reserves the right following any such reentry or reletting to
exercise its right to terminate this Lease by giving Tenant such written notice, in which event this
Lease shall terminate as specified in such notice.
14.3 Cumulative Remedies. Any suit or suits for the recovery of the amounts and
damages set forth above may be brought by Landlord, from time to time, at Landlord's election,
and nothing in this Lease will be deemed to require Landlord to await the date upon which this
Lease or the Term would have expired had there occurred no Event of Default. Each right and
remedy provided for in this Lease is cumulative and is in addition to every other right or remedy
provided for in this Lease or now or after the Commencement Date existing at law or in equity or
by statute or otherwise, and the exercise or beginning of the exercise by Landlord of any one or
more of the rights or remedies provided for in this Lease or now or after the Commencement
Date existing at law or in equity or by statute or otherwise will not preclude the simultaneous or
later exercise by Landlord of any or all other rights or remedies provided for in this Lease or now
or after the Commencement Date existing at law or in equity or by statute or otherwise. All costs
incurred by Landlord in collecting any amounts and damages owing by Tenant pursuant to the
provisions of this Lease or to enforce any provision of this Lease whether or not one or more
actions are commenced by Landlord, will also be recoverable by Landlord from Tenant.
14.4 Late Payments.
14.4.1 Late Charges. Tenant hereby acknowledges that late payment by Tenant
to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not
contemplated by the Lease, the exact amount of which are now and will be extremely difficult to
LEASE AGREEMENT - 9
ascertain other than such charges and late charges which may be imposed on Landlord by the
terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of
Rent or any other sums due from Tenant shall not be received by Landlord or Landlord's
designee within Thirty (30) days after such amount shall be due, Tenant shall pay to Landlord a
late charge equal to Ten percent (10%) of the amount(s) past due. The parties hereby agree that
such late charge represents a fair and reasonable estimate of the costs Landlord will incur by
reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event
constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent
Landlord from exercising any of the other rights and remedies granted hereunder.
15. Landlord's Default. In the event of any default in the obligation of Landlord under this
Lease, Tenant will deliver to Landlord written notice listing the reasons for Landlord's default
and Landlord will have Thirty (30) days following receipt of such notice to cure such alleged
default or, in the event the alleged default cannot reasonably be cured within such period, to
commence action and proceed diligently to cure such alleged default.
16. Holdover. If Tenant shall, with the written consent of Landlord, hold over beyond the
expiration of the Term, or if Landlord shall so notify Tenant at any time upon or after the
expiration of the Term, such tenancy shall be deemed a month-to-month tenancy that may be
terminated as provided by applicable state law. During such tenancy Tenant shall be bound by
all the terms, covenants and conditions as herein specified as far as applicable, except rental,
which shall be One Hundred and Twenty percent (120%) of the Base Rent due during the last
year prior to the expiration of the Term.
17. Notices. All notices under this Lease shall be in writing and delivered in person or sent
by registered or certified mail, return receipt requested, postage prepaid, or sent by recognized
overnight courier i.e. federal express, to Landlord and to Tenant at the addresses set forth in
Section 1 (except that, after the Lease commences, any such notice may be so mailed or
delivered by hand to Tenant at the Premises), or to such other addresses as may from time to
time be designated by any such party in writing. Notices mailed as aforesaid shall be deemed
given at the earlier of three (3) days after the date of such mailing or upon the date of receipt.
18. Limitation of Landlord's Liability. Notwithstanding any other Lease provision, all
covenants, undertakings and agreements herein made on the part of Landlord are made and
intended not as personal covenants, undertakings and agreements for the purpose of binding
Landlord personally or the assets of Landlord, but are made and intended for the purpose of
binding only Landlord's interest in the Building. No personal liability or personal responsibility
is assumed by, nor shall at any time be asserted or enforceable against Landlord or its
shareholders, directors and officers or their respective heirs, legal representatives, successors or
assigns on account of this Lease or on account of any covenant, undertaking or agreement of
Landlord contained in this Lease.
19. Nonwaiver. Waiver by Landlord of any term, covenant or condition herein contained or
any breach thereof shall not be deemed to be a waiver of any other term, covenant, or condition
or of any subsequent breach of the same or any other term, covenant or condition herein
contained. The subsequent acceptance of any Rent hereunder by Landlord shall not be deemed
LEASE AGREEMENT -10
0 •
to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this
Lease, other than the failure of Tenant to pay the particular Rent so accepted, regardless of
Landlord's knowledge of such preceding breach at the time of acceptance of such Rent.
20. Quiet Possession. Landlord warrants that so long as Tenant is not in default under this
Lease beyond any applicable cure period and so long as this Lease has not been terminated,
subject to the terms and conditions of this Lease, Tenant's quiet possession of the Premises
during the Term shall not be disturbed by Landlord or others claiming through Landlord.
21. General.
21.1 Miscellaneous. Titles or captions to sections of this Lease are not a part of this
Lease and shall have no effect upon the construction or interpretation of any part hereof. All of
the covenants, agreements, terms and conditions contained in this Lease shall inure to and be
binding upon Landlord and Tenant and their respective heirs, executors, administrators,
successors and permitted assigns. This Lease contains all covenants and agreements between
Landlord and Tenant relating in any manner to the leasing, use and occupancy of the Premises
and Tenant's use of the Building and the Property and other matters set forth in this Lease. No
prior agreements or understandings pertaining to the same shall be valid or of any force or effect
and the covenants and agreements of this Lease shall not be altered, modified or added to except
in writing signed by Landlord and Tenant. Any provision of this Lease that shall prove to be
invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof and
the remaining provisions hereof shall remain in full force and effect. Time periods for
Landlord's performance under any provisions of this Lease shall be extended for periods of time
during which Landlord's performance is prevented due to circumstances beyond Landlord's
control, including without limitation, strikes, embargoes, shortages of labor or materials,
governmental regulations, acts of God, war or other strife. This Lease shall be governed by and
construed in accordance with the laws of the State of Idaho. Time is of the essence of this Lease.
This Lease may be executed in two or more counterparts, each of which shall constitute an
original and all of which shall be one and the same agreement. Neither this Lease nor any
memorandum hereof shall be recorded in the real property records of the county wherein the
Property is located. The word "day" means "calendar day" herein and the computation of time
shall include all Saturdays, Sundays and holidays for purposes of determining time periods
specified herein.
21.2 Authority. If Tenant is a corporation, the individual executing this Lease on
behalf of Tenant represents and warrants that he/she is duly authorized to execute and deliver
this Lease on behalf of the Tenant in accordance with a duly adopted resolution of the board of
directors of Tenant and in accordance with Tenant's bylaws, and that this Lease is binding upon
Tenant in accordance with its terms. If Tenant is a partnership, the individual executing this
Lease on behalf of Tenant represents and warrants that he/she is duly authorized to execute and
deliver this Lease on behalf of the Tenant in accordance with Tenant's partnership agreement,
and that this Lease is binding upon Tenant in accordance with its terms.
[End of Text]
LEASE AGREEMENT -11
IN WITNESS WHEREOF, the Landlord and the Tenant have signed their name and
affixed their seals the day and year first above written.
TENANT:
By,
Congressman watt
LANDLORD:
y
Mayor T Weerd
T
Attest: �o
r
.1 11,11,11IM111114 110%
FJGMITS:
A FLOOR PLAN
B DISTRICT OFFICE LEASE ATTACHMENT
LEASE AGREEMENT -12
•
M W4 . 11 :) Y 1h1
Floor Plan
4 8®
?yyhL a, RECEPT/
e {li s
2-6-31 (�
I B
�--a
nemr
I
I E
ENE e I
q0
70MICE
,
�• W_4.
e �
4 -
FLOOR PLAN
LEASE AGREEMENT -13
0
rifts ammo LOMa-
(Page 1 of 3 — version 1.11)
1. LESSOR (Landlord) and LESSEE (Member of Congress) agree that this District Office Lease
Attachment C ATTACHMENT') is incorporated into and made part of the District Office Lease
("LEASE') to which it is attached
2. LESSOR expressly acknowledges that neither the U.S. House of Representatives ("HOUSE') not
its Officers are liable for the performance of the LEASE. LESSOR further expressly
acknowledges that payments made by the Chief Administrative Officer of the HOUSE ("CAO')
to LESSOR to satisfy LESSEE's rent obligations under the LEASE — which payments are made
solely on behalf of LESSEE in support ofhislhor official and representational duties as a Member
of the U.S. House of Representatives — shall create no legal obligation or liability on the part of
the CAO or the HOUSE whatsoever. LESSEE shall be solely responsible for the performance of
the LEASE and LESSOR expressly agrees to look solely to LESSEE for such performance.
3. Any amendment to the LEASE must be in writing and signed by the LESSOR and LESSE.
4. LESSOR and LESSEE understand and acknowledge that the LEASE shall not be valid, and the
CAO will not authorized the disbursement of fiords to the LESSOR, until the Administrative
Counsel for the CAO ("Administrative Counsel") has reviewed the LEASE to determine that it
complies with the Rules of the HOUSE and the Regulations of the Committee on House
Administration, and approved the LEASE by signing below. LESSOR and LESSEE also
understand and acknowledge that the Administrative Counsel must review and approve any
substantive amendments to the LEASE.
5. The LEASE is a fixed term lease with equal monthly installments for which payment is due at the
end of each calendar month. In the event of a payment dispute, LESSOR agrees to contact the
Office of Finance of the HOUSE at 202-225-7474 to attempt to resolve the dispute before
contacting LESSEE.
6. The term of the LEASE may not exceed the constitutional term of the Congress to which the
LESSEE has been elected.
7. Any provision in the LEASE purporting to require the payment of a security deposit shall have no
force or effect. Furthermore, any provision in the LEASE purporting to vary the dollar amount of
the rent specified in the LEASE by any cost of living clause, operating expense clause, pro rata
expense clause, elevator clause, escalator clause, or any other adjustment or measure during the
term of the LEASE shall have no force or effect.
8. If either LESSOR or LESSEE terminates the LEASE under the terms of the LEASE, the
terminating party agrees to promptly file a copy of any termination notice with the Office of
Finance, U.S. House of Representatives, 241 Longworth House Office Building, Washington,
D.C. 20515, and with the Administrative Counsel, Office of the Chief Administrative Officer,
U.S. House of Representatives, 217 Ford House Office Building, Washington, D.C. 20515.
9. LESSOR agrees to maintain in good order, at its sole expense, all public and common areas ofthe
building including, but not limited to, all sidewalks, parking areas, carpets, elevators, escalators,
entryways, exits, alleys, and other like areas. LESSOR also agrees to maintain, repair in good
order, or replaces as needed, at its sole expense, all structural and other components of the
premises including, but not limited to, roofs, ceilings, walls (interior and exterior), Boors,
windows, doors, foundations, carpets, fixtures, and all mechanical, plumbing, electrical and air
conditioninglheating systems or equipment serving the premises. LESSOR shall be liable for any
LEASE AGREENTM -14
M5M Ofd L A11 m t
(Page 2 of 3 — vwsiori 1.11)
damage, either to persons or property, sustained by LESSEE or any of his or her employees or
guests, caused by LESSOR's failure to fulfill its obligations under this paragraph.
10. LESSOR agrees that the Federal Tort Claims Act, 28 U.S.C. §§ 2671-80, satisfies any and all
obligations on the part of the LESSEE to purchase private liability insurance.
11. LESSOR agrees that neither LESSEE nor the HOUSE or any of the HOUSE's officers or
employees will indemnify LESSOR against any liability of LESSOR to any third party that may
arise during or as a result of the LEASE or LESSEE's tenancy.
12. LESSOR agrees to promptly notify LESSEE in writing in the event LESSOR sells, transfers, or
otherwise disposes of the leased premises; in the event LESSOR is placed in bankruptcy
proceedings (whether voluntarily or involuntarily); in the event the leased promises is foreclosed
upon; or in the event of any similar occurrence. LESSEE shall promptly file a copy of any such
notice with the Office of Finance, 241 Longworth House Office Building, Washington, D.C.
20515.
13. LESSOR shall be solely responsible for complying with all applicable permitting and zoning
ordinances or requirements, and with all local and state building codes, safety codes and handicap
accessibility codes (including the Americans with Disabilities Act).
14. If LESSOR permits the LESSEE to holdover, all terms of the LEASE (including the monthly
rent) shall continue unaltered during ay period of such holdover tenancy. Thereafter, any such
holdover tenancy begins, the LEASE may be terminated by either party giving 30 days written
notice to the other party. The commencement date of such termination notice shall be the date
such notice is delivered, faxed, or, if mailed, the date such notice is postmarked.
15. LESSOR agrees to accept monthly rent payments by Electronic Funds Transfer and agrees to
provide the Office of Finance, U.S. House of Representatives, with all banking information
necessary to facilitate such payments.
16. LESSOR shall promptly refund to the CAO, without formal demand, any payment made to the
LESSOR by the CAO for any period for which rent is not owed because the LESASE has ended
or been terminated.
17. The parties agree that any charges for default, early termination, or cancellation of the LEASE,
which results from actions taken by or on behalf of the LESSEE shall be the sole responsibility of
the LESSEE.
18. In the event LESSEE dies, resigns, or is removed from office during the term*of this LEASE, the
Clerk of the HOUSE may, at his or her sole option, either (a) terminate this LEASE by giving
thirty (30) days written notice to LESSOR, or (b) assume the obligation of the LEASE and
continue to occupy the premises for a period not to exceed sixty (60) days following the election
of the LESSEE's successor. In the event the Clerk elects to terminate the LEASE, the
commencement date of such thirty (30) day termination notice shall be the date such notice is
delivered or, if mailed, the date on which such notice is posttmarked.
19. Should any provision of this Attachment be inconsistent with any provision of the attached
LEASE (or with any subsequent or additional amendments thereto), the provisions of this
LEASE AGREIIVIEi11T -15
A � •
et ON LM
ft
(Page 3 of 3 — version 1.11)
Attachment shall control, and those inconsistent provisions of the LEASE (or any subsequent or
additional amendments thereto), shall have no force and effcet to the wdent of such inconsistency.
20. Unless the clear meaning requires otherwise, words of feminine, masculine or neuter gender
include all other genders and, wherever appropriate, words in the singular include the plural and
vice versa.
21. This lease is entered into at fair market value as the result of a bona fide, arms -length,
marketplace transaction. The LESSOR and L9SEE certify that the parties are not related nor
have had, or continue to have, a business relationship (except as a landlord and tenant
relationship).
22. The LESSEE certifies that the office space that is the subject of this lease is located within the
district for which the LESSEE was elected to represent,
i \ it Walter C. Minnick, U.S. Cone�essman
Print Name (LESSORILand ord) Print Name (LESSEE/Member of Congress)
ESSOR Signature
V//
LESSEE
From the Member's Office, who should be contacted with questions?
Name Phone (__) e-mail (email house.gov
This District Office Lease Attacbment and the attached LEASE have been reviewed and are approved,
Pursnant to Regulations of the Committee on Rouse Administration.
Signed
(Administrative Counsel)
Date . 20
Send completed form to: Administrative Counsel, 217 Ford House Office Building, Washington, D.C. 20515.
Copia may also be faxed to 202-225-6990
LEASE AGREEMENT -16
LEASE AGREEMENT
MERIDIAN CITY HALL
Meridian, Idaho
between
The City of Meridian
as Landlord
and
Congressman Walt Minnick
as Tenant
Dated: December 23, 2008
LEASE AGREEMENT
(Office)
THIS LEASE AGREEMENT ("Lease") is entered into effective this 23rd day of December,
2008, by and between The City of Meridian, Idaho, an Idaho Municipal Corporation
("Landlord") and Congressman Walt Minnick ("Tenant").
1. Basic Lease Provisions. For purposes of this Lease, the following terms have the
following definitions and meanings:
1.1 Landlord's Address (For Notices): Office of the City Clerk, 33 E. Broadway
Avenue, Meridian Idaho, or such other place as Landlord may from time to time designate by
notice to Tenant.
1.2 Tenant's Address for Notices (Premises): Suite 251, 33 E. Broadway Avenue,
Meridian Idaho, or such other place as Tenant may from time to time designate by notice to
Landlord.
1.3 Premises: Suite 251 of the Meridian City Hall (the "Building"), located at 33
East Broadway Avenue, Meridian, Idaho 83642, as shown on Exhibit A, containing
approximately 1812 rentable square feet. Exact rentable square footage will be determined upon
completion of a Tenant improvement plan.
1.4 Term: The Primary Term and Option Periods (if validly exercised according to
the terms of this Lease) set forth below are collectively referred to in this Lease as the "Term."
1.4.1 Primary Term: Twenty Four (24) Lease Months.
1.4.2 Option Periods: Two additional twelve (12) month option periods.
1.5 Rent Commencement Date (or "Commencement Date"): January 3, 2009
1.6 Occupancy Date: January 5, 2009
1.7 Expiration Date: December 31, 2010
1.8 Initial Base Rent: $ 18.00 per square foot, per year, estimated to be $ 2,718.00
per month, to be adjusted annually pursuant to Section 4 of this Lease.
1.9 Security Deposit: None
1.10 Permitted Use: Local Congressional Office for staff of Rep. Walt Minnick and
associated uses.
1.11 Exhibits: The Exhibits and Addendum which are attached to this Lease are
incorporated herein by this reference.
LEASE AGREEMENT - I
0
1.12 Defined Terms: The headings provided in this Section I in bold print are used in
this Lease as defined terms.
This Section 1 represents a summary of the basic terms and definitions of this Lease. In
the event of any inconsistency between the terms contained in this Section 1 and any specific
provision of this Lease, the terms of the more specific provision shall prevail.
2. Premises. In consideration of the payment of rent and the performance of the covenants
and agreements hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases
from Landlord the Premises, together with and subject to all conditions, restrictions, obligations,
rights, privileges, easements and appurtenances thereto.
3. Common Areas. Tenant shall have the non-exclusive right to use all common areas
located within the Building, including, but not limited to, entrance ways, foyers, elevators and
restrooms, breakroom, exercise room, locker rooms and other areas intended to be used in
common by all of the tenants of the Building and their invitees, and the common areas located on
the land on which the Building is situated, including, but not limited to, the parking lot and
sidewalks adjacent to the Building and all other areas on such land intended to be used in
common by all of the tenants of the Building and their invitees (collectively, "Common Areas").
4. Rent and Term.
4.1 Rent. Beginning with the Rent Commencement Date, Tenant shall pay to
Landlord, via Electronic Funds Transfer, on the twentieth day of each month, in arrears, Base
Rent in accordance with the schedule set forth below. Base Rent for any partial month at the
beginning or end of the Term shall be prorated. As used in this Lease, the term "Rent" shall
mean Base Rent as defined below. All payments of Rent shall be made without deduction, set
off, discount, or abatement in lawful money of the United States in good and immediately
available funds.
4.1.1 Base Rent; CPI Increases. The annual base rent ("Base Rent") for the
first Lease year shall be $ 18.00 per square foot, estimated to be $ 32,616.00 per year, to be paid
in monthly installments of $ 2,718.00 each. The annual Base Rent to be paid by Tenant to
Landlord shall be increased annually effective on the anniversary of the Rent Commencement
Date of this Lease by a percentage equal to the annual percentage increase in the Consumer Price
Index (CPI) published by the Bureau of Labor Statistics of the Department of Labor (1984=100)
for All Urban Consumers - All Items (or other applicable index). The base of the CPI for
computation of the increase, if any, shall be the month in which the Rent Commencement Date
occurs. If no publication is made or yet available for such month, the base shall be the last
preceding month for which publication is available on the anniversary of the Rent
Commencement Date. The CPI for the same month shall be compared annually to determine the
percentage increase and the resulting percentage shall be applied to the monthly rental rate then
in effect to determine the monthly rent to be paid for the ensuing year.
Landlord shall notify Tenant of any increase in the monthly rental rate resulting from such
computation and Tenant shall pay Landlord the amount of such increase retroactively to the
effective date thereof. If the CPI is discontinued or replaced, Landlord shall substitute a
LEASE AGREEMENT - 2
•
comparable index based upon the cost of living or purchasing power of the consumer dollar
published by any other governmental agency. If no such index is available, then Landlord shall
select a comparable index published by a major bank or other financial institution or by a
university or a recognized financial publication. If the items incorporated in the CPI are revised,
an equitable adjustment will be made and a formula developed to permit an annual rental
adjustment. This would reflect any decline in the purchasing power of the basic rental payment
called for in this Lease, and would produce results equivalent, as near as possible„ to those that
would have been obtained if the CPI had not been so revised.
4.2 Term.
4.2.1 Primary Term. The Term shall be for the period designated in Section 1
commencing on the Commencement Date, and ending on the Expiration Date, unless extended
pursuant to Section 4.2.2 below. Upon the request of Landlord, Tenant shall execute a written
acknowledgment of the Commencement Date and/or Expiration Date.
4.2.2 Option Periods. Providing Tenant is not in default at the time Tenant
exercises its option to extend or at the commencement of the applicable Option Period(s), Tenant
shall have the option to extend the Primary Term for the option period(s) set forth in Section I
(the "Option Periods"). The initial Rent for the Option Periods shall be the Rent during the last
year of the Primary Term, or previous Option Period, as applicable, as increased at the
commencement of the applicable Option Period pursuant to the provisions of Section 4.1.1;
however, in no event shall such adjustments reduce the Rent below the Rent as increased by any
prior adjustments. Tenant shall be required to give Landlord written notice of its intention to
exercise such option not less than forty five (45) days in advance of the expiration date of the
Primary Term, or current Option Period, as applicable.
S. Uses.
5.1 General Use. The Premises shall be used only for the use set forth in Section 1
("Permitted Use") and for no other use without the prior written consent of Landlord, which may
be withheld in Landlord's sole discretion. Tenant shall not commit or allow to be committed any
waste upon the Premises, or any nuisance or other act in or about the Premises that disturbs the
quiet enjoyment of any other tenant in the Building. Tenant shall comply with all laws and
regulations relating to its use or occupancy of the Premises or of the Common Areas. Tenant
shall observe such rules and regulations for the Building as may be adopted by Landlord.
5.2 No Hazardous Substances. Tenant agrees not to use, store or deposit any
substance that is hazardous or dangerous to person, property or the environment (or any similar
substance) as now or hereafter defined by or determined pursuant to any applicable law or
regulation ("Hazardous Substance") in, on or about the Premises in violation of applicable law.
5.3 Insurance Risks. Tenant will not do or permit to be done any act or thing upon
the Premises, the Building or the Common Areas which would (a) jeopardize or be in conflict
with fire insurance policies covering the Building and fixtures and property in the Building;
(b) increase the rate of fire insurance applicable to the Building to an amount higher than it
otherwise would be for the general office use of the Building; or (c) subject Landlord to any
LEASE AGREEMENT - 3
0
liability or responsibility for injury to any person or persons or to property by reason of any
business or operation being carried on upon the Premises.
6. Assignment and Subletting. Tenant shall not, without first obtaining Landlord's written
consent, which may be withheld in Landlord's sole discretion: (1) sell, assign, mortgage, or
transfer this Lease (or any interest therein); (2) sublease all or any portion of the Premises; or
(3) allow the use or occupancy of the Premises by anyone other than Tenant. Landlord's consent
to any assignment or sublease shall not operate as a waiver of the necessity for consent to any
subsequent assignment or sublease.
7. Care of Premises. Tenant shall keep the Premises in a neat, clean and sanitary condition
and shall at all times preserve them in good condition and repair, ordinary wear and tear
excepted. If Tenant shall fail to do so, Landlord may at its option place the Premises into said
condition and state of repair, and in such case Tenant on demand shall pay or reimburse
Landlord for the costs thereof.
8. Surrender of Premises; Removal of Property. Upon expiration or termination of the
Lease Term, whether by lapse of time or otherwise (including any holdover period), Tenant at its
expense shall: (1)remove Tenant's goods and effects and those of all persons claiming under
Tenant, (2) repair and restore the Premises to a condition as good as received by Tenant from
Landlord or as thereafter improved, reasonable wear and tear excepted, and (3) promptly and
peacefully surrender the Premises (including surrender of all improvements installed in the
Premises by Landlord or Tenant, except Tenant's trade fixtures that do not become part of the
Building).
9. Condition of Premises; Alterations.
9.1 LandIord's Improvements; Premises "As Is". Landlord shall complete the
improvements described on plans prepared by LCA Architects, designated as Job No 06016.04,
dated December 05, 2008 and generally depicted in the floor plan attached hereto as Exhibit A.
After completion of Landlord's work, and inspection by Tenant, Tenant shall accept the
Premises "as is" (except for any punch list items of which Tenant notifies Landlord). Landlord
has not made any representations or promises whatsoever with respect to the Building or the
Premises, and Tenant is relying on its own investigation and inspection of the Premises and its
own determination of the suitability of the Premises, physically and legally, for its intended use.
In the event that Landlord's Improvements are not substantially complete on the Occupancy Date
set forth in Section 1.6, Landlord shall make an adjustment to the Rent Commencement Date
commensurate with the date of substantial completion.
9.2 Delivery of Premises. The Premises shall be delivered in a turn key condition
broom clean per the improvement plan subject to: Any final punch list items which will not
materially affect the use of the Premises, Ingress and egress to the Premises is free and
unobstructed, The architect for the project has certified that construction of the leasehold
improvements is in conformity with applicable building codes, The Building has been completed
in conformity with applicable building codes, A temporary certificate of occupancy has been
issued which states that all work is complete except for Tenant's fixtures (so long as there are no
LEASE AGREEMENT - 4
conditions to such certificate which causes material interference with Tenant's use of the Leased
Premises), All utility and building systems are functioning in a workmanlike fashion.
9.3 Tenant's Improvements. In the event that Tenant desires to undertake any
improvements over and above Landlord's Improvements at Tenant's sole cost, Tenant shall do so
only with the written approval of Landlord, such approval being in Landlord's sole discretion.
Any such improvements shall be performed in a good and workmanlike manner in compliance
with all applicable laws, codes and regulations, and all materials used shall be of a quality
comparable to those in the Premises and the Building and shall be in accordance with plans and
specifications approved by Landlord. All damages or injury done to the Premises, Common
Area or the Building by Tenant or by any persons who may be in or upon the Premises, Common
Area or the Building with the express or implied consent of Tenant, shall be paid for by Tenant.
All improvements (except Tenant's trade fixtures that do not become a part of the Building) shall
remain in and be surrendered with the Premises at the expiration or sooner termination of this
Lease.
9.4 Alterations. Tenant shall make no additions, changes, alterations or
improvements ("Work") to the Premises, or any electrical, mechanical or fire protection facilities
pertaining to the Premises without the prior written consent of Landlord. All Work shall be at
Tenant's sole cost and shall be performed in a good and workmanlike manner in compliance
with all applicable laws, codes and regulations, and all materials used shall be of a quality
comparable to those in the Premises and the Building and shall be in accordance with plans and
specifications approved by Landlord All improvements (except Tenant's trade fixtures that do
not become a part of the Building) shall remain in and be surrendered with the Premises at the
expiration or sooner termination of this Lease.
Tenant agrees to include in all construction contracts for work performed upon the
Premises or Building a notice to all contractors, subcontractors, laborers and material suppliers
that: (i) the Tenant is not acting as the agent of the Landlord; (ii) Tenant's interest in the
Premises and Building is subject to the terms and conditions of the Lease; (iii) upon the
termination of the Lease, title to all improvements located on the Premises and Building shall
pass to the Landlord free and clear of all claims, liens and encumbrances; and (iv) the
contractors, subcontractors, laborers and material suppliers agree that their rights to the Premises
and Building, if any, shall be limited to the rights of the Tenant under the Lease.
10. Services and Maintenance.
10.1 Basic Services. Landlord shall provide mechanical, cooling, heating and
ventilation during "Normal Business Hours," which means 7:00 a.m. to 6:00 p.m. on weekdays,
excluding legal holidays. Landlord shall provide cooling, heating and ventilation at times other
than Normal Business Hours upon Tenant's request and with reasonable notice to Landlord, and
Tenant shall pay the costs thereof. If Tenant has special mechanical, cooling, heating,
ventilation, electrical or other requirements, then the cost of furnishing, installing, operating and
maintaining the equipment and appurtenances (including separate meters if required by Landlord
to satisfy these requirements) shall be borne by Tenant. Landlord shall not be liable for any loss
or damage caused by or resulting from any variation, interruption or failure of such services
LEASE AGREEMENT - 5
unless caused by the negligence or wilful misconduct of Landlord, and no temporary interruption
or failure of such services incident to the malting of repairs, alterations or improvements or due
to accident or strike conditions shall be deemed an eviction of Tenant or relieve Tenant from any
of Tenant's obligations hereunder.
10.2 Maintenance. Landlord shall repair and maintain the structural portions of the
Building, including the basic plumbing, air conditioning, heating and electrical systems, the
exterior of the Building, the parking lot and the landscaping, unless such maintenance or repairs
are required as a result, in whole or in part, of the act of, or neglect of any duty by, Tenant, its
agents, servants, employees, or invitees, in which event Landlord may file a claim under the
Federal Tort Claims Act for reimbursement of the cost of performing the repairs necessary that
are caused by the acts, neglect, or duty of the Tenant, agents, servants, employees, or invitees.
Except for those areas designated in this Section to be maintained by Landlord, Tenant
shall repair and maintain in good condition and repair, the Premises, and any and all
appurtenances thereto, during the term of this Lease.
10.3 Basic Utilities. Landlord shall furnish water, sewer, electricity and natural gas
service to the Premises and the cost of such utility service, including costs based on
consumption, shall be the expense of Landlord. Notwithstanding anything contained in this
Section to the contrary, the agreement by Landlord is predicated on Tenant not engaging in any
business which would cause a consumption or use of such utility services beyond that normally
associated with office usage. In the event Landlord reasonably determines that Tenant's
consumption or use of any such utility is greater than that normally associated with office usage,
Landlord shall bill Tenant for the cost of such special or comparatively excessive use of such
utility services on a regular basis and all such billings shall be due and payable as additional Rent
together with the next scheduled Rent payment. Landlord shall not be liable for any loss or
damage caused by or resulting from any variation, interruption or failure of such services due to
any cause whatsoever, and no temporary interruption of failure of such services incident to the
making of repairs, alterations or improvements or due to accident or strike conditions shall be
deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder.
10.4 Additional Utilities. Tenant shall purchase all other utility services, including
but not limited to telephone, cable, internet, and television services desired by Tenant from the
utility or municipality providing such service, and shah pay for such services when such
payments are due.
10.5 Janitorial Services. Landlord agrees to furnish daily janitorial service for
Tenant. Such service shall include sweeping or vacuuming of unrestricted floor areas in offices,
emptying of waste paper receptacles and cleaning of restroom areas.
11. Entry and Inspection. Landlord at all reasonable times (and at any time in case of
emergency) may enter the Premises for the purpose of inspection, cleaning, repairing, altering or
improving the Premises or the Building subject to Tenant's reasonable security requirements.
Landlord shall have the right at reasonable times to enter the Premises for the purpose of
showing the Premises to any prospective purchasers, mortgagees or tenants of the Building.
LEASE AGREEMENT - 6
during any twelve (12) month period, and if after such written notice any Rent is not paid when
due, an Event of Default will be considered to have occurred without further notice; or
14.1.2 Failure by Tenant to perform or observe any of the other terms, covenants,
conditions, agreements or provisions of this Lease if such failure shall continue for a period of
Ten (10) days after written notice thereof has been given to Tenant; provided, if any such failure
cannot reasonably be cured within Ten (10) days then Tenant shall not be deemed to be in
default if Tenant commences to cure such failure within a reasonable time not to exceed Ten (10)
days and for as long as Tenant is diligently prosecuting the cure thereof up to a total of Thirty
(30) days after the notice from Landlord has been given; or
14.1.3 Any misrepresentation or material omission of information made by
Tenant orally to Landlord or in any documents or other materials provided by Tenant to
Landlord in connection with this Lease; or
14.1.4 Any prolonged absence by Tenant from the Premises ("vacation"), or an
absence from the Premises of five (5) days or more while Tenant is in default ("abandonment");
or
14.1.5 This Lease, any part of the Premises, or any property of Tenant's are taken
upon execution or by other process of law directed against Tenant, or are taken upon or subject
to any attachment by any creditor of Tenant or claimant against Tenant, and said attachment is
not discharged or disposed of within fifteen (15) days after its levy; or
14.1.6 Tenant files a petition in bankruptcy or insolvency or for reorganization or
arrangement under the bankruptcy laws of the United States or under any insolvency act of any
state, or admits the material allegations of any such petition by answer or otherwise, or is
dissolved or makes an assignment for the benefit of creditors; or
14.1.7 Involuntary proceedings under any such bankruptcy law or insolvency act
or for the dissolution of Tenant are instituted against Tenant, or a receiver or trustee is appointed
for all or substantially all of the property of Tenant, and such proceeding is not dismissed or such
receivership or trusteeship vacated within thirty (30) days after such institution or appointment;
or
14.1.8 The doing or permitting to be done by Tenant of any act which creates a
mechanic's or other lien or claim against the land or Building of which the Premises are a part
and the same is not released or otherwise provided for by indemnification satisfactory to
Landlord within 30 days thereafter; and
14.1.9 Tenant fails to take possession of the Premises on the Occupancy
Commencement Date.
14.2 Landlord Remedies for Tenant Default. If any default occurs hereunder,
Landlord may, at any time thereafter and without waiving any other rights hereunder, do one or
more of the following:
LEASE AGREEMENT - 8
ascertain other than such charges and late charges which may be imposed on Landlord by the
terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of
Rent or any other sums due from Tenant shall not be received by Landlord or Landlord's
designee within Thirty (30) days after such amount shall be due, Tenant shall pay to Landlord a
late charge equal to Ten percent (10%) of the amount(s) past due. The parties hereby agree that
such late charge represents a fair and reasonable estimate of the costs Landlord will incur by
reason of late payment by Tenant. Acceptance of such late charge by. Landlord shall in no event
constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent
Landlord from exercising any of the other rights and remedies granted hereunder.
15. Landlord's Default. In the event of any default in the obligation of Landlord under this
Lease, Tenant will deliver to Landlord written notice listing the reasons for Landlord's default
and Landlord will have Thirty (30) days following receipt of such notice to cure such alleged
default or, in the event the alleged default cannot reasonably be cured within such period, to
commence action and proceed diligently to cure such alleged default.
16. Holdover. If Tenant shall, with the written consent of Landlord, hold over beyond the
expiration of the Term, or if Landlord shall so notify Tenant at any time upon or after the
expiration of the Term, such tenancy shall be deemed a month-to-month tenancy that may be
terminated as provided by applicable state law. During such tenancy Tenant shall be bound by
all the terms, covenants and conditions as herein specified as far as applicable, except rental,
which shall be One Hundred and Twenty percent (120%) of the Base Rent due during the last
year prior to the expiration of the Term.
17. Notices. All notices under this Lease shall be in writing and delivered in person or sent
by registered or certified mail, return receipt requested, postage prepaid, or sent by recognized
overnight courier i.e. federal express, to Landlord and to Tenant at the addresses set forth in
Section I (except that, after the Lease commences, any such notice may be so mailed or
delivered by hand to Tenant at the Premises), or to such other addresses as may from time to
time be designated by any such party in writing. Notices mailed as aforesaid shall be deemed
given at the earlier of three (3) days after the date of such mailing or upon the date of receipt.
18. Limitation of Landlord's Liability. Notwithstanding any other Lease provision, all
covenants, undertakings and agreements herein made on the part of Landlord are made and
intended not as personal covenants, undertakings and agreements for the purpose of binding
Landlord personally or the assets of Landlord, but are made and intended for the purpose of
binding only Landlord's interest in the Building. No personal liability or personal responsibility
is assumed by, nor shall at any time be asserted or enforceable against Landlord or its
shareholders, directors and officers or their respective heirs, legal representatives, successors or
assigns on account of this Lease or on account of any covenant, undertaking or agreement of
Landlord contained in this Lease.
19. Nonwaiver. Waiver by Landlord of any tern, covenant or condition herein contained or
any breach thereof shall not be deemed to be a waiver of any other term, covenant, or condition
or of any subsequent breach of the same or any other term, covenant or condition herein
contained. The subsequent acceptance of any Rent hereunder by Landlord shall not be deemed
LEASE AGREEMENT -10
•
14.2.1 Terminate this Lease, by written notice on the earliest date permitted by
law or on any later date specified in such notice, in which case Tenant's right to possession of
the Premises will cease and this Lease will be terminated;
14.2.2 Without further demand or notice, reenter and take possession of the
Premises or any part of the Premises, repossess the same, expel Tenant and those claiming
through or under Tenant, and remove the effects of both or either, using such force for such
purposes as may be necessary, without being liable for prosecution, damage or otherwise and
without being deemed guilty of any manner of trespass, and without prejudice to any remedies
for arrears of Rent or other amounts payable under this Lease or as a result of any preceding
breach of covenants or conditions;
14.2.3 If Tenant should abandon, vacate or surrender the Premises or be
dispossessed by process of law, any personal property left upon the Premises shall be held by the
Landlord for Tenant's account. The Landlord shall contact the Office of the Administrative
Counsel to make arrangements to have the property removed;
14.2.4 Should Landlord elect to reenter as provided in Section 14.2.2 or should
Landlord take possession pursuant to legal proceedings or pursuant to any notice provided by
law, Landlord shall be allowed to collect any past rent owing;
14.2.5 Landlord reserves the right following any such reentry or reletting to
exercise its right to terminate this Lease by giving Tenant such written notice, in which event this
Lease shall terminate as specified in such notice.
14.3 Cumulative Remedies. Any suit or suits for the recovery of the amounts and
damages set forth above may be brought by Landlord, from time to time, at Landlord's election,
and nothing in this Lease will be deemed to require Landlord to await the date upon which this
Lease or the Term would have expired had there occurred no Event of Default. Each right and
remedy provided for in this Lease is cumulative and is in addition to every other right or remedy
provided for in this Lease or now or after the Commencement Date existing at law or in equity or
by statute or otherwise, and the exercise or beginning of the exercise by Landlord of any one or
more of the rights or remedies provided for in this Lease or now or after the Commencement
Date existing at law or in equity or by statute or otherwise will not preclude the simultaneous or
later exercise by Landlord of any or all other rights or remedies provided for in this Lease or now
or after the Commencement Date existing at law or in equity or by statute or otherwise. All costs
incurred by Landlord in collecting any amounts and damages owing by Tenant pursuant to the
provisions of this Lease or to enforce any provision of this Lease whether or not one or more
actions are commenced by Landlord, will also be recoverable by Landlord from Tenant.
14.4 Late Payments.
14.4.1 Late Charges. Tenant hereby acknowledges that late payment by Tenant
to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not
contemplated by the Lease, the exact amount of which are now and will be extremely difficult to
LEASE AGREEMENT - 9
to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this
Lease, other than the failure of Tenant to pay the particular Rent so accepted, regardless of
Landlord's knowledge of such preceding breach at the time of acceptance of such Rent.
20. Quiet Possession. Landlord warrants that so long as Tenant is not in default under this
Lease beyond any applicable cure period and so long as this Lease has not been terminated,
subject to the terms and conditions of this Lease, Tenant's quiet possession of the Premises
during the Term shall not be disturbed by Landlord or others claiming through Landlord.
21. General.
21.1 Miscellaneous. Titles or captions to sections of this Lease are not a part of this
Lease and shall have no effect upon the construction or interpretation of any part hereof. All of
the covenants, agreements, terms and conditions contained in this Lease shall inure to and be
binding upon Landlord and Tenant and their respective heirs, executors, administrators,
successors and permitted assigns. This Lease contains all covenants and agreements between
Landlord and Tenant relating in any manner to the leasing, use and occupancy of the Premises
and Tenant's use of the Building and the Property and other matters set forth in this Lease. No
prior agreements or understandings pertaining to the same shall be valid or of any force or effect
and the covenants and agreements of this Lease shall not be altered, modified or added to except
in writing signed by Landlord and Tenant. Any provision of this Lease that shall prove to be
invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof and
the remaining provisions hereof shall remain in full force and effect. Time periods for
Landlord's performance under any provisions of this Lease shall be extended for periods of time
during which Landlord's performance is prevented due to circumstances beyond Landlord's
control, including without limitation, strikes, embargoes, shortages of labor or materials,
governmental regulations, acts of God, war or other strife. This Lease shall be governed by and
construed in accordance with the laws of the State of Idaho. Time is of the essence of this Lease.
This Lease may be executed in two or more counterparts, each of which shall constitute an
original and all of which shall be one and the same agreement. Neither this Lease nor any
memorandum hereof shall be recorded in the real property records of the county wherein the
Property is located. The word "day" means "calendar day" herein and the computation of time
shall include all Saturdays, Sundays and holidays for purposes of determining time periods
specified herein.
21.2 Authority. If Tenant is a corporation, the individual executing this Lease on
behalf of Tenant represents and warrants that he/she is duly authorized to execute and deliver
this Lease on behalf of the Tenant in accordance with a duly adopted resolution of the board of
directors of Tenant and in accordance with Tenant's bylaws, and that this Lease is binding upon
Tenant in accordance with its terms. If Tenant is a partnership, the individual executing this
Lease on behalf of Tenant represents and warrants that he/she is duly authorized to execute and
deliver this Lease on behalf of the Tenant in accordance with Tenant's partnership agreement,
and that this Lease is binding upon Tenant in accordance with its terms.
[End of Text]
LEASE AGREEMENT -11
0 •
IN WITNESS WHEREOF, the Landlord and the Tenant have signed their name and
affixed their seals the day and year first above written.
TENANT:
M.
Congressman Walt
LANDLORD:
By,
Mayor Tammy de Weerd
Attest:
EXHIBITS:
A FLOOR PLAN
B DISTRICT OFFICE LEASE ATTACHMENT
LEASE AGREEMENT -12
0 0
EXHIBIT A
Floor Plan
O• : A9 Lf'�P trAMNG, C]I
I
aI
9I .n I
�a�B LIGE i
� "F'ICF � � OF�IGE
6°
19'.B• 19'-6. � V•. �. I It•.0' -X
FLOOR PLAN
LEASE AGREEMENT -13
m'
�I
0 0
Dict Kft Lease Attadmo t
(Page 1 of 3 — version 1.11)
I. LESSOR (Landlord) and LESSEE (Member of Congress) agree that this District Oiiioe Lease
Attachment ("ATTACHMENrl is incorporated into and made part of the District Office Lease
("LEASE") to which it is attached.
2. LESSOR expressly acknowledges that neither the U.S. House of Representatives ("HOUSE") not
its Officers are liable for the performance of the LEASE. LESSOR further expressly
acknowledges that payments made by the Chief Administrative Officer of the HOUSE ("CAO")
to LESSOR to satisfy LESSEE's rent obligations under the LEASE — which payments are made
solely on behalf of LESSEE in support of his/her official and representational duties as a Member
of the U.S. House of Representatives — shall create no legal obligation or liability on the part of
the CAO or the HOUSE whatsoever. LESSEE shall be solely responsible for the performance of
the LEASE and LESSOR expressly agrees to look solely to LESSEE for such performance.
3. Any amendment to the LEASE must be in writing and signed by the LESSOR and LESSE,
4. LESSOR and LESSEE understand and acknowledge that the LEASE shall not be valid, and the
CAO will not authorized the disbursement of funds to the LESSOR, until the Administrative
Counsel for the CAO ("Administrative Counsel") has reviewed the LEASE to determine that it
complies with the Rules of the HOUSE and the Regulations of the Committee on House
Administration, and approved the LEASE by signing below. LESSOR and LESSEE also
understand and acknowledge that the Administrative Counsel must review and approve any
substantive amendments to the LEASE.
5. The LEASE is a fixed term lease with equal monthly installments for which payment is due at the
end of each calendar month. In the event of a payment dispute, LESSOR agrees to contact the
Office of Finance of the HOUSE at 202-225-7474 to attempt to resolve the dispute before
contacting LESSEE.
6. The tern of the LEASE may not exceed the constitutional term of the Congress to which the
LESSEE has been elected.
7. Any provision in the LEASE purporting to require the payment of a security deposit shall have no
force or effect. Furthermore, any provision in the LEASE purporting to vary the dollar amount of
the rent specified in the LEASE by any cost of living clause, operating expense clause, pro rata
expense clause, elevator clause, escalator clause, or any other adjustment or measure during the
term of the LEASE shall have no force or effect.
S. If either LESSOR or LESSEE terminates the LEASE under the terms of the LEASE, the
terminating party agrees to promptly file a copy of any termination notice with the Office of
Finance, U.S. House of Representatives, 241 Longworth House Office Building, Washington,
D.C. 20515, and with the Administrative Counsel, Office of the Chief Administrative Officer,
U.S. House of Representatives, 217 Ford House Office Building, Washington, D.C. 20515.
9. LESSOR agrees to maintain in good order, at its sole expense, all public and common areas of the
building including, but not limited to, all sidewalks, parking areas, carpets, elevators, escalators,
entryways, exits, alleys, and other like areas. LESSOR also agrees to maintain, repair in good
order, or replaces as needed, at its sole expense, all structural and other components of the
premises including, but not limited to, roofs, ceilings, walls (interior and exterior), floors,
windows, doors, foundations, carpets, fixtures, and all mechanical, plumbing, electrical and air
oonditioning/heating systems or equipment serving the premises. LESSOR shall be liable for any
LEASE AGREEMENT -14
0 •
let BMW Lean Atte Ment
(Page 2 of 3 — version 1.11)
damage, either to persons or property, sustained by LESSEE or any of his or her employees or
guests, caused by LESSOR's failure to fulfill its obligations under this paragraph.
10. LESSOR agrees that the Federal Tort Claims Act, 28 U.S.C. §§ 2671-80, satisfies any and all
obligations on the part of the LESSEE to purchase private liability insurance.
11. LESSOR agrees that neither LESSEE nor the HOUSE or any of the HOUSE's officers or
employees will indemnify LESSOR against any liability of LESSOR to any third party that may
arise during or as a result of the LEASE or LESSEE's tenancy.
12. LESSOR agrees to promptly notify LESSEE in writing in the event LESSOR sells, transfers, or
otherwise disposes of the leased premises; in the event LESSOR is placed in bankruptcy
proceedings (whether voluntarily or involuntarily); in the event the leased premises is foreclosed
upon; or in the event of any similar occurrence. LESSEE shall promptly file a copy of any such
notice with the Office of Finance, 241 Longworth House Office Building, Washington, D.C.
20515.
13. LESSOR shall be solely responsible for complying with all applicable permitting and zoning
ordinances or requirements, and with all local and state building codes, safety codes and handicap
accessibility codes (including the Americans with Disabilities Act).
14. If LESSOR permits the LESSEE to holdover, all terms of the LEASE (including the monthly
rent) shall continue unaltered during ay period of such holdover tenancy. Thereafter, any such
holdover tenancy begins, the LEASE may be terminated by either party giving 30 days written
notice to the other party. The commencement date of such termination notice shall be the date
such notice is delivered, faxed, or, if mailed, the date such notice is postmarked.
15. LESSOR agrees to accept monthly rent payments by Electronic Funds Transfer and agrees to
provide the Office of Finance, U.S. House of Representatives, with all banking Information
necessary to facilitate such payments.
16. LESSOR shall promptly refund to the CAO, without formal demand, any payment made to the
LESSOR by the CAO for any period for which rent is not owed because the LESASE has ended
or been terminated.
17. The parties agree that any charges for default, early termination, or cancellation of the LEASE,
which results from actions taken by or on behalf of the LESSEE shall be the sole responsibility of
the LESSEE.
18. In the event LESSEE dies, resigns, or is removed from office during the term of this LEASE, the
Clerk of the HOUSE may, at his or her sole option, either (a) terminate this LEASE by giving
thirty (30) days written notice to LESSOR, or (b) assume the obligation of the LEASE and
continue to occupy the premises for a period not to exceed sixty (60) days following the election
of the LESSEE's successor. In the event the Clerk elects to terminate the LEASE, the
commencement date of such thirty (30) day termination notice shall be the date such notice is
delivered or, if mailed, the date on which such notice is postmarked.
19. Should any provision of this Attachment be inconsistent with any provision of the attached
LEASE (or with any subsequent or additional amendments thereto), the provisions of this
LEASE AGREEMENT -15
0 0
MrM WOOD LouAUmkm d
(Page 3 of 3 — version 1.11)
Attachment shall control, and those inconsistent provisions of the LEASE (or any subsequent or
additional amendments thereto), shall have no force and effect to the extent of such inconsistency.
20. Unless the clear meaning requhw otherwise, words of feminine, masculine or neuter gender
include all other genders and, wherever appropriate, words in the singular include the plural and
vice versa.
21. This lease is entered into at fair market value as the result of a bona fide, arms -length,
marketplace transaction. The LESSOR and LESEE certify that the parties are not related nor
have had, or continue to have, a business relationship (except as a landlord and tenant
relationship).
22. The LESSEE certifies that the oefice space that is the subject of this lease is located within the
district for which the LESSEE was elected to represent,
Print Name (LESSOR/Landlord)
LESSOR Signature
(Date)
Walter C. Minnick, U.S. Coneressman
Print Name (LESSEE/Member of Congress)
If71 oen % .
LESSEE Si ature
(Doe)
From the Member's Office, who should be contacted with questions?
Name Phone (_„_j a -mail ®mail.house.gov
'this District Office Lease Attachment and the attached LEASE have been reviewed and are approved,
Pursuant to Regulations of the Committee on House Administration.
Signed
(Administrative Counsel)
Date . 20_
Send completed form to: Administrative Counsel, 217 Ford House Office Building, Washington, D.C. 20515.
Copies may also be faxed to 202-225-6999
LEASE AGREEMENT -16
0 0
December 19, 2008 Department Reports
MERIDIAN CITY COUNCIL MEETING December 23, 2008
APPLICANT Legal Department ITEM NO. 6-A-2
REQUEST Resolution — City Hall Lease Agreement
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
Se® attached
gal
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
p ip
CITY OF MERIDIAN RESOLUTION NO. 08- �a
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF MERIDIAN
(LESSOR) AND CONGRESSMAN WALT MINNICK (LESSEE) FOR APPROXIMATELY 1,812
SQUARE FEET OF OFFICE SPACE AT THE MERIDIAN CITY HALL, 33 EAST BROADWAY,
MERIDIAN IDAHO TO BE USED FOR A LOCAL CONGRESSIONAL STAFF OFFICE; AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID
AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE
DATE.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN, IDAHO
WHEREAS, the City of Meridian has approximately 1,812 square feet of unimproved office space
at the Meridian City Hall that is not currently used for City business; and,
WHEREAS, the City of Meridian has no immediate plans to use the 1,812 square feet of
unimproved space for City business.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF MERIDIAN, IDAHO AS FOLLOWS:
SECTION 1. The 1,812 square feet of space in Meridian City Hall described in the lease
agreement between Congressman Walt Minnick and the City of Meridian is not otherwise needed for City
purposes.
SECTION 2. That the terms of the agreement (attached hereto and incorporated herein) between
Congressman Walt Minnick and the City of Meridian are just and equitable, and the same is hereby
approved as to both form and content.
SECTION 3. That the Mayor and City Clerk be, and they hereby are, authorized to respectively
execute and attest said Lease Agreement for and on behalf of the City of Meridian.
SECTION 4. 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 g day of
2008. �? / Q
APPROVED by the Mayor of the City of Meridian, Idaho, this Z day of
2008.
ATTEST:
By:
Jaycee . Holman, City Clerk
APPROVED:
Mayor T
S� CID
%, �01J Y
��1irrniit 111;1% �
0
December 19, 2008 Department Reports
MERIDIAN CITY COUNCIL MEETING December 23, 2008
APPLICANT Mayors Office ITEM NO.
REQUEST City Hall Entryway Art Selection Committee Report and Recommendatior
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
Date: Phone:
Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.