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Home My WebLink About2008-02-19 ~~E IDIAN:--- CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, February 19, 2008 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll-call Attendance: David Zaremba ~ Joe Borton / Charlie Rountree / / Keith Bird / Mayor Tammy de Weerd 2. Pledge of Allegiance: d=Fi~ cl~~-~yc~~,,., ~~~ c~~2h f J~Is~ca~ f~,,,¢-h, r 3. Community Invocation by -&Farlstian-- .C~nt~r:-- ~,~j e~ ~e ~ 4. Adoption of the Agenda: ~j~-~r~~e ~,r' ~h~,~eCe_o(., 5. Proclamation for FFA Week: 6. Consent Agenda: fl-~~vr~Y-e_d ~'Y1- I~ ~*'~~ ~ ~ A. Approve Minutes of January 15, 2008 City Council Special Meeting: AY~rUve B. Approve Minutes of January 15, 2008 City Council / MDC Special Joint Workshop Meeting: ~~P~J~- C. Findings of Fact and Conclusions of Law for Approval: RZ 07- 015 Request for a Rezone of .28 of an acre from an R-8 residential zone to an O-T zone for 6th and Broadway Property by Linda Loehr - 532 East Broadway Avenue: ~-P,pr~ Meridian City Council Meeting Agenda -February 19, 2008Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ ~ D. Findings of Fact and Conclusions of Law for Denial: VAR 07- 019 Request for a Variance to UDC Table 11-2A-5 that requires a minimum rear yard setback of 15 feet to be reduced to 2 feet and a minimum street setback of 15 feet to be reduced to 12 feet for Redden by Mike Redden - 1418 North Vineyards Avenue: ~ra,je_. E. Development Agreement: AZ 07-006 Request for Annexation and Zoning of 94.69 acres from RUT to a C-G zone for Pinebridge by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road & RZ 07- 010 Request for a Rezone of 75.67 acres from t-L and L-O zones to a C-G zone for Pinebridge by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: ~~~j~(fi F. Addendum to Development Agreement: MI 07-015 Request for a Miscellaneous application to modify the existing Development Agreement listing the permitted and prohibited home occupational uses within the Brownstones (Live /Work Units) and ensure the Brownstones and future condominiums are constructed as shown with the submitted elevations for Gramercy Townhomes by Tuscany Development, Inc -south of East Overland Road and approximately'/ mile west of South Eagle Road: ~pro~ G. Development Agreement: AZ 07-017 Request for Annexation and Zoning of 40.4 acres from RUT to C-C zone (21.3 acres), R-8 zone (6.27 acres) and R-2 (12.87 acres) for Three Corners by David Dean - 6380 North Locust Grove Road: ~~~~,/e.-~ H. Development Agreement: AZ 07-014 Request for Annexation and Zoning of 7.55 acres from RUT and R1 to a C-C zone for Woodland Springs by Morgan Development -Northeast Corner of McMillan Road and Locust Grove Road: ~Pr(j~ I. Third Addendum to Development Agreement: MI 07-006 Request for a Miscellanous application to amend the previously approved Development Agreement for Touchmark Living Center Annexation (AZ 99-021) by amending the approved phase boundaries and various other provisions for Meadowlake Village North by Touchmark of the Treasure Valley, LLC -Southeast Corner of Franklin Road and Touchmark Way: ~P,~'`~, J. Change Order Number 13, of Contract with Owyhee Construction, Inc. for Additional Water and Sewer Services, Additional Type "P" Permanent Asphalt Repair, and Additional Meridian City Council Meeting Agenda -February 19, 2008Page 2 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • Crew Time for the Broadway Avenue, Meridian Road to Fifth Street Utility Replacement Project for $23,130.91: ~~r0~ K. Cooperative Construction and Reimbursement Agreement by and Between the Cit of Meridian and Treehaven LLC for Black Cat Sewer Extension and Jayker Subdivision for $233,255.00: ~~~V~~ ~(~,/) ~grY~C~.OL L. Approval of Bid and Award of Contract with Superior Construction for Lanark Avenue North - South Water Improvements for $105,509.63: v~- M. Water Main Easement Aareement for FSC / Venga Works by Venga Ventures, LLC: /L,,,,,~y,~ N. Sanitary Sewer Easement Agreement for FSC /Venga Works by Venga Ventures, LLC: d.,,1~~, O. Task Order 0741 for Ten Mile Road Interchan a Utilit Im rovements with Civil Surve Consultants Inc. for an amount not to exceed $29,320.00: ~P ~ P. Sanitary Sewer and Water Main Easement Agreement for Southeast Corner Marketplace No 1, (aka Gateway Market Place) by James Kissler, LLC: ~~~~~ V~~- Q. Sanitary Sewer and Water Main Easement Agreement for Gardner Ahlguist Gateway No 2 by Gardner Ahlquist Development:.pr~prpv~_ R. Aareement for Instructor Services with Sanitary Services, Co fo~munity Education Instruction not to exceed $88.00: S. Declaration of Environmental Covenant Cit Hall Deed Restriction for New City Hall Site: (~~ T. Award Bid for Grant for Sr. Citizen Center Phase 2 ICDBG-04- III-01-SR for Acoustical Wall Panels by SLA, Inc. Drywall Construction for $5,952.00: ,~j~rj/{- U. Change Orders No 1 2 and 3 for the North Black Cat Trunk Sewer with Brown Construction for $4,978.00: V. Internship Agreement with St. Luke's Regional Medial Center for Paramedic Training: }Ydv~ Meridian City Council Meeting Agenda -February 19, 2008Page 3 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • ~ 7. .n't~ ~- ~ ~a. b ~,,. ~12. 13. Department Reports: A. Mayor's Office: 1. Reappointment of Michael Rohm to Planning and Zoning Commission Seat # : ~-}-~~,nc,~~d m '+ , l ~ 2. Appointment of Michael Martin to Parks and Recreation Commission Seat # ~~~,j,~;~e d rv7 - Z~f - D ~ B. Legal Department /Police Department: 1. Presentation on Police Pay Plan by Bill Nary and Jeff Lavey: h a~ic trek f rc~-euc ~c,> ~~ Ite ~~~ - c iz ~-.~ kr3 ,,n.u1Ne~Z,~f~ a~a~ ms Moved from Consent Agenda: Tabled from February 1, 2008: Amendment to Bittercreek Agreement: ,~vrt ~2 ,~ ~,~,~ -~.~~ ~k~ ~ ~JJ ~-/~, ado ~~7 Tabled from February 1, 2008: Cooperative Construction and Reimbursement Agreement for Lift Station, Force Main and Oversize Main for Bittercreek Meadows: FP 08-001 Request for Final Plat approval for 4 commercial building lots on 3.77 acres in a C-G zone for Paramount Commercial Southwest Subdivision by Brighton Corporation -Lots 1-4, Block 1 of Paramount Commercial Southwest, east of North Linder Road and north of West McMillan Road: ~}-~~ ,~~ GbZ- ~ D~ Continued Public Hearing from January 8, 2008: VAR 07-017 Request fora Variance to UDC 11-3H-4 that prohibits new approaches from directly accessing a state highway to allow 3 right-in /right-out access points on both sides of State Highway (SH) 55/Eagle Road and 1 full access point to State Highway 55/Eagle Road located on the east side of SH 55/Eagle Road for Meridian Town Center by CenterCal Properties, LLC -Northwest Corner and Northeast Corner of North Eagle Road and East Fairview Avenue: ~1---- Continued Public Hearing from January 22, 2008: AZ 07-013 Request for Annexation and Zoning of 4.92 acres from Ada County RUT to an R-4 zone for Matador Subdivision by Equity Development - 1235 East McMillan Road: :~ Q/~-L--..~~~ ~ ~~- cl Meridian City Council Meeting Agenda -February 19, 2008Page 4 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 14. Continued Public Hearing from January 22, 2008: PP 07-017 Request for Preliminary Plat approval for 16 single-family residential lots and 3 common lots on 4.92 acres in a proposed R-4 zone for Matador Subdivision by Equity Develo ment - 1235 East McMillan Road: / (~wa-y~-tom ~ ci-~-,..~,~ t( r ~ ~ u 15. Public Hearing: CPA 07-002 Request to amend the Comprehensive Plan Future Land Use Map for the south Meridian area to expand future land uses designations to include the land east of McDermott Road south to Lake Hazel Road and'/z mile east of Linder Road south to'/2 mile south of Columbia Road, east to '/ mile west of Cloverdale Road; the proposal includes the amendment of Medium High Density Residential as recommended by the Planning and Zoning Commission as well as the following additional amendments recommended by Meridian Planning Department Staff: re-designation of the area at the intersection of Meridian and Lake Hazel Roads recommended for Mixed Employment to Mixed Use Regional; amending the study area boundary in the area south of Columbia and east of Locust Grove Roads and re-designating the area south of Columbia and east of Locust Grove Roads and re-designating the area from future area planning area to Low Density Residential for South Meridian Area Comprehensive Plan Amendment by the City of Meridian Planning Department: a~h~ ~ ~-v' a c~.~~~-• 1?J` ~ ~~c~ w~-eft-~-e.-~.. 16. Public Hearing: CPA 07-009 Request for a Comprehensive Plan Text Amendment to: add Medium High Density Residential to the Land Use Chapter of the Plan; include residential uses in neighborhood centers and amending the text of the Mixed Use Regional Designation as recommended by the City of Meridian Planning Staff for Sou h M ridian Area by City of Meridian Planning Department: ~ '~-~ '~ v w•-,rk, ln.c,~ ~ ~c~.ly-~ c~.- 02 L 17. Public Hearing: AZ 07-011 Request for Annexation and Zoning of 6.84 acres from RUT to an R-4 Medium Low-Density Residential zone for Belhaven Subdivision by Pole Creek Properties, Inc. - 5230 North Black Cat Road: ~'-~ ~,~,~d.~<j ~"^- ~v+---t~fL.o-~~ . 18. Public Hearing: PP 07-016 Request for Preliminary Plat approval for 16 single-family residential lots and 5 common lots on 6.84 acres in a proposed R-4 zone for Belhaven Subdivision by Pole Creek Properties, Inc. - 5230 North Black Cat Road: G~,p,`'°.~c~ 1Z~,~ ~,~.~~ 19. Public Hearing: AZ 07-018 Request for Annexation and Zoning of 9.764 acres from RUT to C-C zone for Settler's Square Subdivision by Seagle Three, LLC - 870 West Usti Road: ~~~ ~ 3i~ 20. Public Hearing: PP 07-024 Request fora Preliminary Plat with 12 commercial building lots and 2 common lots o .764 acres in a proposed Meridian City Council Meeting Agen a =February t9/ 2008Page 5 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 21. 22. 23. 24. 25. VYt~I~. ~) 26. I~ a~. C-C zone for Settler's Square Subdivision by Seagle Three, LLC - 870 West Ustick Road: Public Hearing: Pro osed Fee Increase for Plannin De artment: Ordinance No. ~K- ~ 3 ~~ ~~ . `~' ~ ~ ~~D Annexation and Zoning of 94.69 acres from RUT to a C G zone for Pinebridge by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road & RZ 07-010 Request for a Rezone of 75.67 acres from I-L and L-O zones to a C-G zone for Pinebridge by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: Ordinance No. AZ 07-014 Request for Annexation and Zoning of 7.55 acres from RUT and R1 to a C-C zone for Woodland Springs by Morgan Development -Northeast Corner of McMillan Road and Locust Grove Road: G~~ ~ ~~ Ordinance No. ~~ ~ 3 ~ (~ ~~ Annexation and Zoning of 40.4 acres from RUT1Zto C C zone (21.3 acres)r R-8 zone (6.27 acres) and R-2 (12.87 acres) for Three Corners by David Dean - 6380 North Locust Grove Road: n n~~ ~,~,~ ,~ L~ ~ ~/ Ordinance No. _ ~ 3 ~ ~ '"`~7 ~COG``'`~~~`~ RZ 07-016 Request for Rezone of 3.66 acres from R-15 zone to TN-R zone for Gramercy Townhome Subdivision by Tuscany Development, Inc. -south of E. Overland Ro d and west of South Eagle Road: ~yL~,.~ r' Executive Session per Idaho State Code 67-2345(1)(f) - (to consider and advise its legal) re~ tatives i,~ pend ation): ,~ ~acatz ~f ~j~io Meridian City Council Meeting Agenda -February 19, 2008Page 6 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. i ~ ~ ~ `~~ f E IDIAN CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, February 19, 2008 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll-call Attendance: David Zaremba Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Mike Dodd with Capital Christian Center: 4. Adoption of the Agenda: 5. Proclamation for FFA Week: 6. Consent Agenda: A. Approve Minutes of January 15, 2008 City Council Special Meeting: B. Approve Minutes of January 15, 2008 City Council / MDC Special Joint Workshop Meeting: C. Findings of Fact and Conclusions of Law for Approval: RZ 07- 015 Request for a Rezone of .28 of an acre from an R-8 residential zone to an O-T zone for 6th and Broadway Property by Linda Loehr - 532 East Broadway Avenue: Meridian City Council Meeting Agenda -February 19, 2008Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • D. Findings of Fact and Conclusions of Law for Denial: VAR 07- 019 Request for a Variance to UDC Table 11-2A-5 that requires a minimum rear yard setback of 15 feet to be reduced to 2 feet and a minimum street setback of 15 feet to be reduced to 12 feet for Redden by Mike Redden - 1418 North Vineyards Avenue: E. Development Agreement: AZ 07-006 Request for Annexation and Zoning of 94.69 acres from RUT to a C-G zone for Pinebridge by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road & RZ 07- 010 Request for a Rezone of 75.67 acres from I-L and L-O zones to a C-G zone for Pinebridge by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: F. Addendum to Development Agreement: MI 07-015 Request for a Miscellaneous application to modify the existing Development Agreement listing the permitted and prohibited home occupational uses within the Brownstones (Live /Work Units) and ensure the Brownstones and future condominiums are constructed as shown with the submitted elevations for Gramercy Townhomes by Tuscany Development, Inc -south of East Overland Road and approximately'/ mile west of South Eagle Road: G. Development Agreement: AZ 07-017 Request for Annexation and Zoning of 40.4 acres from RUT to C-C zone (21.3 acres), R-8 zone (6.27 acres) and R-2 (12.87 acres) for Three Corners by David Dean - 6380 North Locust Grove Road: H. Development Agreement: AZ 07-014 Request for Annexation and Zoning of 7.55 acres from RUT and R1 to a C-C zone for Woodland Springs by Morgan Development -Northeast Corner of McMillan Road and Locust Grove Road: I. Third Addendum to Development Agreement: MI 07-006 Request for a Miscellanous application to amend the previously approved Development Agreement for Touchmark Living Center Annexation (AZ 99-021) by amending the approved phase boundaries and various other provisions for Meadowlake Village North by Touchmark of the Treasure Valley, LLC -Southeast Corner of Franklin Road and Touchmark Way: J. Change Order Number 13, of Contract with Owyhee Construction, Inc. for Additional Water and Sewer Services, Additional Type "P" Permanent Asphalt Repair, and Additional Meridian City Council Meeting Agenda -February 19, 2008Page 2 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • Crew Time for the Broadway Avenue, Meridian Road to Fifth Street Utility Replacement Project for $23,130.91: K. Cooperative Construction and Reimbursement Agreement by and Between the Citv of Meridian and Treehaven, LLC for Black Cat Sewer Extension and Jayker Subdivision for $233,255.00: L. Approval of Bid and Award of Contract with Superior Construction for Lanark Avenue North - South Water Improvements for $105,509.63: M. Water Main Easement Agreement for FSC / Venga Works by Venga Ventures, LLC: N. Sanitary Sewer Easement Agreement for FSC /Venga Works by Venga Ventures, LLC: O. Task Order 0741 for Ten Mile Road Interchange Utility Improvements with Civil Survey Consultants Inc for an amount not to exceed $29,320.00: P. Sanitary Sewer and Water Main Easement Agreement for Southeast Corner Marketplace No 1 (aka Gateway Market Place) by James Kissler, LLC: Q. Sanitary Sewer and Water Main Easement Agreement for Gardner Ahlquist Gateway No 2 by Gardner Ahlquist Development: R. Agreement for Instructor Services with Sanitary Services Co for Community Education Instruction not to exceed $88.00: S. Declaration of Environmental Covenant City Hall Deed Restriction for New City Hall Site: T. Award Bid for Grant for Sr. Citizen Center Phase 2 ICDBG-04- III-01-SR for Acoustical Wall Panels by SLA, Inc. Drywall Construction for $5,952.00: U. Change Orders No. 1, 2 and 3 for the North Black Cat Trunk Sewer with Brown Construction for $4,978.00: V. Internship Agreement with St. Luke's Regional Medial Center for Paramedic Training: Meridian City Council Meeting Agenda -February 19, 2008Page 3 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 7. Department Reports: A. Mayor's Office: 1. Reappointment of Michael Rohm to Planning and Zoning Commission Seat # 2. Appointment of Michael Martin to Parks and Recreation Commission Seat # B. Legal Department /Police Department: 1. Presentation on Police Pay Plan by Bill Nary and Jeff Lavey: 8. Items Moved from Consent Agenda: 9. Tabled from February 1, 2008: Amendment to Bittercreek Agreement: 10. Tabled from February 1, 2008: Cooperative Construction and Reimbursement Agreement for Lift Station, Force Main and Oversize Main for Bittercreek Meadows: 11. FP 08-001 Request for Final Plat approval for 4 commercial building lots on 3.77 acres in a C-G zone for Paramount Commercial Southwest Subdivision by Brighton Corporation -Lots 1-4, Block 1 of Paramount Commercial Southwest, east of North Linder Road and north of West McMillan Road: 12. Continued Public Hearing from January 8, 2008: VAR 07-017 Request fora Variance to UDC 11-3H-4 that prohibits new approaches from directly accessing a state highway to allow 3 right-in /right-out access points on both sides of State Highway (SH) 55/Eagle Road and 1 full access point to State Highway 55/Eagle Road located on the east side of SH 55/Eagle Road for Meridian Town Center by CenterCal Properties, LLC -Northwest Corner and Northeast Corner of North Eagle Road and East Fairview Avenue: 13. Continued Public Hearing from January 22, 2008: AZ 07-013 Request for Annexation and Zoning of 4.92 acres from Ada County RUT to an R-4 zone for Matador Subdivision by Equity Development - 1235 East McMillan Road: Meridian City Council Meeting Agenda -February 19, 2008Page 4 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ ~ 14. Continued Public Hearing from January 22, 2008: PP 07-017 Request for Preliminary Plat approval for 16 single-family residential lots and 3 common lots on 4.92 acres in a proposed R-4 zone for Matador Subdivision by Equity Development - 1235 East McMillan Road: 15. Public Hearing: CPA 07-002 Request to amend the Comprehensive Plan Future Land Use Map for the south Meridian area to expand future land uses designations to include the land east of McDermott Road south to Lake Hazel Road and'/~ mile east of Linder Road south to'/2 mile south of Columbia Road, east to '/ mile west of Cloverdale Road; the proposal includes the amendment of Medium High Density Residential as recommended by the Planning and Zoning Commission as well as the following additional amendments recommended by Meridian Planning Department Staff: re-designation of the area at the intersection of Meridian and Lake Hazel Roads recommended for Mixed Employment to Mixed Use Regional; amending the study area boundary in the area south of Columbia and east of Locust Grove Roads and re-designating the area south of Columbia and east of Locust Grove Roads and re-designating the area from future area planning area to Low Density Residential for South Meridian Area Comprehensive Plan Amendment by the City of Meridian Planning Department: 16. Public Hearing: CPA 07-009 Request for a Comprehensive Plan Text Amendment to: add Medium High Density Residential to the Land Use Chapter of the Plan; include residential uses in neighborhood centers and amending the text of the Mixed Use Regional Designation as recommended by the City of Meridian Planning Staff for South Meridian Area by City of Meridian Planning Department: 17. Public Hearing: AZ 07-011 Request for Annexation and Zoning of 6.84 acres from RUT to an R-4 Medium Low-Density Residential zone for Belhaven Subdivision by Pole Creek Properties, Inc. - 5230 North Black Cat Road: 18. Public Hearing: PP 07-016 Request for Preliminary Plat approval for 16 single-family residential lots and 5 common lots on 6.84 acres in a proposed R-4 zone for Belhaven Subdivision by Pole Creek Properties, Inc. - 5230 North Black Cat Road: 19. Public Hearing: AZ 07-018 Request for Annexation and Zoning of 9.764 acres from RUT to C-C zone for Settler's Square Subdivision by Seagle Three, LLC - 870 West Ustick Road: 20. Public Hearing: PP 07-024 Request for a Preliminary Plat with 12 commercial building lots and 2 common lots on 9.764 acres in a proposed Meridian City Council Meeting Agenda -February 19, 2008Page 5 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ ~ C-C zone for Settler's Square Subdivision by Seagle Three, LLC - 870 West Ustick Road: 21. Public Hearing: Proposed Fee Increase for Planning Department: 22. Ordinance No. AZ 07-006 Request for Annexation and Zoning of 94.69 acres from RUT to a C-G zone for Pinebridge by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road & RZ 07-010 Request for a Rezone of 75.67 acres from I-L and L-O zones to a C-G zone for Pinebridge by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: 23. Ordinance No. AZ 07-014 Request for Annexation and Zoning of 7.55 acres from RUT and R1 to a C-C zone for Woodland Springs by Morgan Development -Northeast Corner of McMillan Road and Locust Grove Road: 24. Ordinance No. AZ 07-017 Request for Annexation and Zoning of 40.4 acres from RUT to C-C zone (21.3 acres), R-8 zone (6.27 acres) and R-2 (12.87 acres) for Three Corners by David Dean - 6380 North Locust Grove Road: 25. Ordinance No. RZ 07-016 Request for Rezone of 3.66 acres from R-15 zone to TN-R zone for Gramercy Townhome Subdivision by Tuscany Development, Inc. -south of E. Overland Road and west of South Eagle Road: 26. Executive Session per Idaho State Code 67-2345(1)(f) - (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda -February 19, 2008Page 6 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. r ~/rE IDIZ IAN,:-- ~J CITY OF MERIDIAN PUBLIC SERVICE ANNOUNCEMENT MayorTammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba PUBLIC ANNOUNCEMENT /NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, February 19, 2008, for the purpose of reviewing and considering the application CPA 07-002 of City of Meridian Planning Department to amend the Comprehensive Plan Future Land Use Map for the south Meridian area to expand future land uses designations to include the land east of McDermott Road south to Lake Hazel Road and '/~ mile east of Linder Road south to 'h mile south of Columbia Road, east to '/4 mile west of Cloverdale Road; the proposal includes the amendment of Medium High Density Residential as recommended by the Planning and Zoning Commission as well as the following additional amendments recommended by Meridian Planning Department Staff; re-designation of the area at the intersection of Meridian and Lake Hazel Roads recommended for Mixed Employment to Mixed Use Regional; amending the study area boundary in the area south of Columbia and east of Locust Grove Roads and re-designating the area south of Columbia and east of Locust Grove Roads and re-designating the area from future area planning area to Low Density Residential for South Meridian Area Comprehensive Plan Amendment and application CPA 07-009 for a Comprehensive Plan Text Amendment to: add Medium High Density Residential to the Land Use Chapter of the Plan; include residential uses in neighborhood centers and amending the text of the Mixed Use Regional Designation as recommended by the City of Meridian Planning Staff for South Meridian Area. More particular descriptions of the above information are on file in the Planning Department, 660 East Watertower Lane, Suite 202, Meridian, Idaho and are available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. Copies of the above applications are available upon request. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the Page 1 of 2 • hearing. 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 72 hours prior to the public me~~n , DATED this 28 day of January, 2008. ~.-~, __-~_~-,~, ~ . WILLIAM G. BERG, JR., CITY CLERK F~- - e, ._ - of e<~vT i``'7 ~ `v ~~~ ~~j Ih3"(`'d Page 2 of 2 '~ Broadcast Report ~ Date/Time 02-15-2008 11:30:46 a.m. Transm(t Header Text City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 This document :Failed (reduced sample and details below) Document size : 8.5 "x11 " Mnyor Tam my de weerd E IDIAN~-- Cry Council Members: Keith Bird ~ 1oe Borton ! D A H O Charier Rountree David Zaremba CITY OF MERID{AN PUBLIC SERVICE ANNOUNCEMENT PUBLtC ANNOUNCEMENT I NOTtCE tS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of kaho, that the City Council of Use City of Meridian wi0 hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at itre hour of 7:00 p.m. on Tuesday, February 19, 2008, for the purpose of reviewing and considering the appkcation CPA 07-002 of City of Meridian Planntng Department to amend the Comprehensive P>an Future Land Use Map for the south Meridian area to expand future land uses designations to include the land east of McDermott Road south to Lake Hazel Road end i4 mile east of Linder Raad south fo '/z mite south of Golumbia Road, east to '/. mtle west of Cloverdale Road; Use proposal includes the amendment M Medium High Density Residential as recommended by the Planning and Zoning Commission as well as the following additional amendments recommended by Meridian Planning Deparment Staff; re-designation of the area at the intersection of Meridian and Lake Hazel Roads recommended for Mixed Employment to Mixed Use Regional; amending the study area boundary in the area south of Columbia and east of Locust Grove Roads and re-designatng the area south of Columbia and east of Loeust Grove Roads and re-designating the area from future area planning area to Low Density Residential for South Meridian Area Comprehensive Plan Amendment and application CPA 07-009 for a Comprehensive Plan Text Amendment to: add Medium High Density Residential to the Land Use Chapter of the Plan; include residential uses in neighborhood centers and amending Use text of Use Mixed Use Regiona3 Designation as recommerxted M the City of Meridian Planning Staff for South Meridian Area. More particular descriptions of the above information are on fife in the Planning Department, 660 East Watertower Lane, Suite 202, Meridian, Idaho and are available far inspection during regular business hours, Monday through Friday, from 8:00 a.m. fo 5:00 p.m. Copies of the above applications are available upon request. Any and at1 interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testmony mey be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to ttre above hearing date so that all irrterested parties may examine them prior to the Page 1 M2 Total Pages Scanned : 2 Total Paaes Confirmarl • S7 No. Job Remote Station Start Time v Duration Pages Line Mode Job Type Results 001 755 3810160 10:41:08a.m.02-15-2008 00:01:50 2!2 1 EC HS CP9600 002 755 8989551 10:41:08a.m.02-15-2008 00:00:28 2/2 1 EC HS CP21600 003 755 2088848723 10:41:08a.m.02-15-2008 00:00:23 2/2 1 EC HS CP28800 004 755 8886854 10:41:08a.m.02-15-2008 00:00:23 2/2 1 EC HS CP31200 005 755 2088985501 10:41:08a.m.02-15-2008 00:00:27 2/2 1 EC HS CP31200 006 755 8467366 10:41:08a.m.02-15-2008 00:00:24 Z/2 1 EC HS CP28800 007 755 8950390 10:41:08a.m.02-15-2008 00:00:22 2/2 1 EC HS CP31200 ~ t Broadcast Report ~ Date/Time 02-15-2008 11:30:55 a.m. Transmit Header Text City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 No. 008 Job 755 Remote Station 2088882682 Start Time Duration Pages Line Mode Job Type Results 009 755 2083876393 10:41:OSa.m.02-15-2008 00:00:22 2/2 1 EC HS CP33600 010 755 287 7909 10:41:08a.m.02-15-2008 00:00:46 212 1 EC HS CP14400 011 755 8885052 10:41:08 a.m. OZ-15-2008 00:00:23 2/2 1 EC HS CP31200 012 755 8881983 10:41:08a.m.02-15-2008 00:00:22 2/2 1 EC HS CP31200 013 755 2083776449 10:41:08 a.m. 02-15-2008 00:00:28 2/2 1 EC HS CP28800 014 755 4679562 10:41:08a.m.02-15-2008 00:00:46 212 1 EC HS CP14400 015 755 8886700 10:41:08 a.m. 02-15-2008 00:00:23 212 1 EC HS CP28800 10:41:08 a.m. 02-15-2008 00:00:00 012 1 HS 016 755 8884022 10:41:08a.m.02-15-2008 00:01:19 212 1 EC Fq 017 755 3886924 10:41:08a.m.02-15-2008 00:00:46 212 1 EC HS CP14400 018 755 8841159 10:41:08 a.m. 02-15-2008 00:00:23 2/2 1 EC HS CP14400 019 755 8840744 10:41:OSa.m.02-15-2008 00:00:23 212 1 EC HS CP28800 020 755 208 336 3736 10:41:08 a.m. 02-15-2008 00:00:22 2/2 1 EC HS CP28800 021 755 208-947-9736 10:41:08a.m.02-15-2008 00:01:03 2/2 1 G3 HS CP31200 022 755 3759248 10:41:08a.m.02-15-2008 00:00:01 012 1 HS CP14400 023 755 3344080 10:41:08 a.m. 02-15-2008 00:00:00 0/2 1 G3 HS HS FA 024 755 2084722211 10:41:08 a.m. 02-15-2008 00:00:23 212 1 EC HS FA 025 755 2083737245 10:41:08a.m.02-15-2008 00:00:24 2/2 1 EC CP26400 026 755 3816681 10:41:08 a.m. 02-15-2008 00:00:00 012 1 HS CP28800 027 755 208 375 7770 10:41:08 a.m. 02-15-2008 00:01:27 2/2 1 -- G3 HS FA 028 755 2084676958 10:41:08a.m.02-15-2008 00:00:25 2/2 1 EC HS CP14400 029 755 5773319 10:41:08 a.m. 02-15-2008 00:00:31 2/2 1 EC HS CP26400 030 755 3448677 10:41:08a.m.02-15-2008 00:00:24 2/2 1 EC HS CP21600 HS CP26400 Abbrevlatlons: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 WS: Waiting send MS: Mailbox save FA: Fail RP; Re ort p EC: Error Correct • Meridian City Council Meeting February 19, 2008 A meeting of the Meridian City Council was called to order at 7:30 p.m., Tuesday, February 19, 2008, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Joe Borton and David Zaremba. Others Present: Bill Nary, Will Berg, Jaycee Holman, Anna Canning, Jeff Lavey, Joe Silva, Len Grady, Steve Siddoway, Bob Stowe, Pete Friedman, Matt Ellsworth, Mark Neimeyer, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. Thank you for your patience. I apologize for the delay of the beginning of this meeting, but I'll go ahead and call this meeting to order, once we have the tape on. Holman: Madam Mayor, the tape's going. De Weerd: Thank you. And welcome again. It is Tuesday, February 19th. For the record it is 7:30. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item No. 2. We will be led in the pledge tonight by our FFA representatives. We have Jessica Smith, Ben Engar, Lorraine Zantman and Jacqueline Coyle. If you will all rise and join us in the pledge of allegiance. (Pledge of allegiance recited.) De Weerd: I do have pins that I present to those that lead us in the pledge. So, thank you. And I will give one to your advisor when we read the proclamation. Item 3: Community Invocation by Will Berg. De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will be led by Pastor Mike Dodd with Capital Christian Center. Is Pastor Dodd here? I don't see him. >~ Meridian City Council February 19, 2008 Page 2 of 75 Thank you. I guess we will just ask our fill-in, Mr. Berg. Will you, please, lead us in the community invocation? Berg: Thank you, Madam Mayor, Members of the Council. If we could pause for a moment. Heavenly Father, we are so grateful and blessed to be part of this community and take this time to thank you for all the blessings that you put upon this community and its people. We want to recognize that it takes many hands to make a community and we are so grateful for the fellowship and the great -- the enduring gratefulness that the people have for this community and the spirit that we show and the quality of life that we provide. We want to thank you, acknowledge you for your greatness, in your name, amen. De Weerd: Thank you, Layman Berg. And I would like to take this moment as an opportunity to introduce our new City Clerk. Will Berg took a position as Community Liaison and so tonight it's the first night for Jaycee Holman, so welcome, Jaycee. Holman: Thank you, Madam Mayor. Item 4: Adoption of the Agenda: De Weerd: Also, I'd like to welcome our former City Councilman Glenn Bentley. It's always nice to see faces that used to at one time -- actually, I think we swapped place, so it's nice having you here tonight. Okay. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda 6-K has been asked to be pulled as per Mark Jensen. That's the Cooperative Construction Reimbursement Agreement. And on the regular agenda, Items 19 and 20 have been asked to be pulled to March 4th, 2008, because of lack of notice. And Item 22 ordinance number is 08-1348. And 23 is 08-1349. And 24 is 08-1350. And 25 is 08-1351. With that I move we approve the revised agenda. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as revised. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Proclamation for FFA Week: Meridian City Council February 19, 2008 Page 3 of 75 De Weerd: Okay. This next item I do have a proclamation. It is FFA week and so in honor of that we have a proclamation. Whereas the Future Farmers of America and the agricultural education provide a strong foundation for the youth of America and the future of the food, fiber and natural resources system; and whereas the FFA promotes premier leadership, personal growth, and career success among its members; and whereas the agricultural education and the FFA ensure a steady supply of young professionals to meet the growing demands in the science, business, and technology of agricultural; and whereas the FFA motto, learning to do, doing to learn, earning to live, living to serve, gives direction of purpose to these students who take an active roll in succeeding in agricultural education; and whereas the FFA promotes citizenship, volunteerism, patriotism and cooperation; thereof, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim the week of February 18th through the 22nd, 2008, as FFA week in the City of Meridian in recognition for the success of the Future Farmers of America program in this community. And if you would come forward, so I can present to all of you. Engar: We would just want to thank the City Council and members of the board. Thank you, Mrs. Mayor as well. We just want to thank the City of Meridian and all the organizations that helped us out in the past that we have been able to do some of the activities, such the breakfast that we did last week. Just not too long ago we had the new ag shop put in and it was a ten million dollar building, thanks to some of the people here in Meridian and stuff and we would like to thank you for that as well. Through some of the opportunities that you people have given us, we have been able to do extremely well at our competitions, attend nationals, and compete at other regional events. So, I'd just like to thank you all. De Weerd: Thank you. And we appreciate you being here. That is a beautiful facility, so -- Engar: It's very nice. De Weerd: Anything to add? Great. Well, girls, anything you would like to add? Bird: Come on, girls, you're not going to let just the boy talk. Come on. FFA Member: Well, as Ben said -- De Weerd: We would invite you to come to the microphone. FFA Member: Well, as Ben said, we really appreciate all this community has done for us and as Ben had previously mentioned, the new building has created even more opportunities for us, such as we have a contract with the Miller Welding Company and we have agreed in our contract to allow them to use our new professional technical education center as their regional training center and in agreeing to do that, they r i Meridian City Council February 19, 2008 Page 4 of 75 provided us with 300,000 dollars worth of equipment -- of welding equipment. So, we were really lucky and we just kind of lucked out on that and it was really an amazing deal for us, so -- De Weerd: Well, that's what partnerships are all about. Well, we appreciate what you do and what your organization stands for and thank you for joining us tonight. Item 6: Consent Agenda: A. Approve Minutes of January 15, 2008 City Council Special Meeting: B. Approve Minutes of January 15, 2008 City Council / MDC Special Joint Workshop Meeting: C. Findings of Fact and Conclusions of Law for Approval: RZ 07- 015 Request for a Rezone of .28 of an acre from an R-8 residential zone to an O-T zone for 6th and Broadway Property by Linda Loehr - 532 East Broadway Avenue: D. Findings of Fact and Conclusions of Law for Denial: VAR 07- 019 Request for a Variance to UDC Table 11-2A-5 that requires a minimum rear yard setback of 15 feet to be reduced to 2 feet and a minimum street setback of 15 feet to be reduced to 12 feet for Redden by Mike Redden - 1418 North Vineyards Avenue: E. Development Agreement: AZ 07-006 Request for Annexation and Zoning of 94.69 acres from RUT to a C-G zone for Pinebridge by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road & RZ 07- 010 Request for a Rezone of 75.67 acres from I-L and L-O zones to a C-G zone for Pinebridge by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: F. Addendum to Development Agreement: MI 07-015 Request for a Miscellaneous application to modify the existing Development Agreement listing the permitted and prohibited home occupational uses within the Brownstones (Live /Work Units) and ensure the Brownstones and future condominiums are constructed as shown with the submitted elevations for Gramercy Townhomes by Tuscany Development, Inc -south of East Overland Road and approximately'/ mile west of South Eagle Road: Meridian City Council February 19, 2008 Page 5 of 75 G. Development Agreement: AZ 07-017 Request for Annexation and Zoning of 40.4 acres from RUT to C-C zone (21.3 acres), R-8 zone (6.27 acres) and R-2 (12.87 acres) for Three Corners by David Dean - 6380 North Locust Grove Road: H. Development Agreement: AZ 07-014 Request for Annexation and Zoning of 7.55 acres from RUT and R1 to a C-C zone for Woodland Springs by Morgan Development -Northeast Corner of McMillan Road and Locust Grove Road: I. Third Addendum to Development Agreement: MI 07-006 Request for a Miscellaneous application to amend the previously approved Development Agreement for Touchmark Living Center Annexation (AZ 99-021) by amending the approved phase boundaries and various other provisions for Meadowlake Village North by Touchmark of the Treasure Valley, LLC -Southeast Corner of Franklin Road and Touchmark Way: J. Change Order Number 13, of Contract with Owyhee Construction, Inc. for Additional Water and Sewer Services, Additional Type "P" Permanent Asphalt Repair, and Additional Crew Time for the Broadway Avenue, Meridian Road to Fifth Street Utility Replacement Project for $23,130.91: L. Approval of Bid and Award of Contract with Superior Construction for Lanark Avenue North - South Water Improvements for $105,509.63: M. Water Main Easement Agreement for FSC / Venga Works by Venga Ventures, LLC: N. Sanitary Sewer Easement Agreement for FSC /Venga Works by Venga Ventures, LLC: O. Task Order 0741 for Ten Mile Road Interchange Utility Improvements with Civil Survey Consultants, Inc. for an amount not to exceed $29,320.00: P. Sanitary Sewer and Water Main Easement Agreement for Southeast Corner Marketplace No. 1 (aka Gateway Market Place) by James Kissler, LLC: • Meridian City Council February 19, 2008 Page 6 of 75 Q. Sanitary Sewer and Water Main Easement Agreement for Gardner Ahlquist Gateway No. 2 by Gardner Ahlquist Development: R. Agreement for Instructor Services with Sanitary Services Co. for Community Education Instruction not to exceed $88.00: S. Declaration of Environmental Covenant City Hall Deed Restriction for New City Hall Site: T. Award Bid for Grant for Sr. Citizen Center Phase 2 ICDBG-04- III-01-SR for Acoustical Wall Panels by SLA, Inc. Drywall Construction for $5,952.00: U. Change Orders No. 1, 2 and 3 for the North Black Cat Trunk Sewer with Brown Construction for $4,978.00: V. Internship Agreement with St. Luke's Regional Medial Center for Paramedic Training: De Weerd: Okay. The next item is our Consent Agenda, Item No. 6. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: With the removal of 6-K, the rest of the agenda stays as is. On the agenda all the dollar values is noted, which I certainly appreciate. I move we approve the revised Consent Agenda and for the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda with the removal of Item K. Is there any discussion? Hearing none, Madam City Clerk -- I'm going to have to get used to that -- please call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Department Reports: w Meridian City Council February 19, 2008 Page 7 of 75 A. Mayor's Office: 1. Reappointment of Michael Rohm to Planning and Zoning Commission Seat: De Weerd: Okay. Under department reports, Council, in front of you I am asking -- requesting reappointment of Michael Rohm to the Planning and Zoning Commission. I couldn't find a seat number. His term did expire, so we would be renewing it for another six years, as they are six year terms. So, that would be -- Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I move that we approve your reappointment of Michael Rohm to the Planning and Zoning Commission. Bird: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Rountree: I have none. De Weerd: Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. 2. Appointment of Michael Martin to Parks and Recreation Commission Seat #6: De Weerd: Thank you. Item No. A-2 is appointment of Michael Martin to the Parks Commission, Seat No. 6. And this was to replace John Sessel, who resigned from the board. In talking with the president and vice-president, they wanted to fill the seat with someone who had a -- who particularly had an interest in pathways, as that will be one of the priorities in moving for this upcoming year. Mr. Martin is very passionate about pathways and I would ask -- his letter is also in your packet and I would entertain any motion, ask your appointment -- or confirmation of this appointment. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Meridian City Council February 19, 2008 Page 8 of 75 Rountree: I move that we confirm the appointment of Michael Martin to the Parks and Recreation Commission. Zaremba: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Hearing none, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. B. Legal Department /Police Department: 1. Presentation on Police Pay Plan by Bill Nary and Jeff Lavey: De Weerd: Thank you very much. Item 7-B is our legal department. I'll turn this over to Mr. Nary. Nary: Thank you, Madam Mayor. Madam Mayor, Members of the Council, what I have handed you is a summary of a compensation study that we have been doing with the police department for about six months. The end of the summer you had directed that we evaluate the -- the current compensation plan at the police department, which is called the Step Plan, how it's been implemented, what the requirements have been, how that's fit in the current compensation structure in the valley, how it compares to other departments, is it still a viable program. We did hire a consultant to assist us with that and, then, with the assistance of Chief Lavey we did organize a group of employees to be able to identify really what the issues were and what we found, as you would imagine, is that the pros of what the employees seemed to like in the Step pay program that we had was significantly shorter than the problems that they had with it. And many of the problems were the consistency, the way it had been implemented and continued to be implemented. There were employees that felt they were in the wrong pay grades and the wrong categories, that the pay -- and, then, ultimately, at the end of the day the pay itself wasn't competitive in the marketplace here. And so what we did is we engaged our consultants that we used to help us flush through some of those issues and come up with a different proposal, but at the same time we also went and looked at other departments in both our area and outside of our area. What we did -- and I will turn this over here to the chief in just a second. What we did is we looked at areas where we get people from different areas, both in the state, such Coeur d' Alene or Pocatello, Emmett, Canyon county, as well as we even looked out of the state, places like Bend, Oregon; Spokane, Washington; Richland, Washington, those areas that had comparable size communities or comparable size departments to us. We also, then, looked at our direct competitors. Once people -- people get to the Treasure Valley and Meridian City Council February 19, 2008 Page 9 of 75 they don't necessarily have a particular allegiance or desire to live in one community over the other, who are we competing with. Well, we are competing with the same communities for officers that we deal with daily, Boise, Garden City, Nampa, Ada County. So, we looked at our comparison of what we currently did and then -- and used that as at least a comparison moving forward. So, we met for a number of months with a number of staff there and I'll let the chief maybe take it from here -- and came up with what's the last page of the packet that I have handed you today, with the summary, the comparison to the other communities, and, then, a proposed new pay plan. We have met with the finance department and that's the page I also handed you that's not attached as the cost of implementation and there is a couple of stages that we have looked at and how we would implement a program like this. What we have discussed with the employees on numerous occasions was that -- our target date would be the next fiscal year and the chief would, then, include that as part of his budget. Then, what we have looked at are there other ways that we could implement this in a different fashion that might be affordable, as well as a positive for the compensation for the officers. Maybe this is when I can turn it over to the chief and he can give you the perspective from the department. Borton: Madam Mayor? De Weerd: Yes. Borton: Before you do that, I don't know if procedurally -- if this is something that makes sense, because we were handed this to -- to table it a week. What I worry about is if we are all sitting up here, we are reading while -- while the chief is trying to present and -- and Ithink it -- I don't know how much you have to present, I just don't want to be reading the document while you're trying to talk. We have got lots of people here, if there is action we need to take. Nary: And that may be appropriate. Ithink we were trying to at least lay the ground work with you with what we have got in front of you. If you have questions and you certainly want to put it over for a week to get more time to review the information, that's certainly understandable. Borton: Okay. Lavey: Madam Mayor and Council, I only have a couple of minutes of comments and then -- however you want to do it. If you want to table it and ask me questions next week, you can do that. The reason why this is critical is we currently have ten openings in the police department and what's unusual about that is last year we had ten openings and we actually lose more people than we can actually hire and the goal is to try to attract not only applicants, but good quality applicants and it's difficult with the current structure that we have. Unofficially, about a year and a half ago we did a pay study and we had knowledge that we were behind the eight ball and, then, through -- through time Meridian City Council February 19, 2008 Page 10 of 75 we actually didn't get that into the budget last year and, then, we hired the consultant. The consultant pretty much had confirmed exactly what we thought. Although our starting salary was great, after about three years we have lost everybody and we are way behind. So, what we have done is put together this committee to kind of look at things and say what's -- what's working, what's not working, and a couple of the areas that they come up was not only the pay structure itself, which, over 21 years time it expanded 121 percent. The problem with that was everybody was sitting around 10, 11 -- step 10 or 11 and so although the plan -- the plan kept increasing and increasing, the employees stayed at the same spot. They never went up the scale. So, if you could have taken those figures -- at the very end they were great, but nobody had achieved them. Not one person in the department was at that -- at that rate. A couple other areas that we have identified is specialty pay and assignment pays for doing some of the dangerous work that we have, our K-9 officers -- which we currently do compensate, but there is others out there, like the motorcycles and -- that aren't compensated. And, then, the other thing that we looked at was some of our employees that go above and beyond the basic job, such as instructors for the department, second language or third language speaking people, people that go above and beyond just what we would call satisfactory. All the other departments in the area have compensation for those. So, what we have done is -- is just put together a proposal for Council to look at. I'm sure you're going to have lots of questions, but the main thing was how do we fund it and as we were talking about for next year for FY09, I have been working finance the last several months in how we are going to do that and, of course, that would be something that we would have to take into consideration during the budget process. I would like to implement it early, as far as stage -- stage one, which would be the adjustments of the salaries themselves. And through salary savings in the police department, finance tells me that we do have enough money as we stand right now to put that in place whenever we so desire and go from there. So, I guess I'm open for questions right now, if anything sparks your interest, or we can -- it looks like you got a long night. We can table it and I can come back next week as well. So, whatever Council prefers. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would -- I agree with Councilman Borton, I -- I have talked to finance, they have kept me -- but I haven't seen the hundred percent final. I would prefer to do the questioning next week after I look through here. Jeff, I have got a couple of things that I don't know whether they were covered or not. I think they were, but -- Lavey: Okay. Bird: That would be my preference, if it fits the rest of you, that we -- that we bring this back -- Bill brings this back next week as a department report, if that's okay with the President and Mayor. That would be my preference right now. Meridian City Council February 19, 2008 Page 11 of 75 Rountree: Madam Mayor, I concur with both comments from Councilman Bird and Borton. There is a lot of material here and I think we are all aware of the issue, but we need to have a little more time with it and if next week is okay with the rest of the Council, Iwould -- I would move that we continue the discussion on this department report until February 26th. Bird: Second. De Weerd: Okay. I have a motion and a second to move this over to next week. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. De Weerd: Okay. And we appreciate -- this is excellent information. We appreciate the employees participation and look forward to a hardy discussion next week. Lavey: Look forward to it. Item 8: Items Moved from Consent Agenda: De Weerd: Okay. There were no items removed from the Consent Agenda. I will go ahead and -- oh, Item K. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: Wasn't Item K -- was that withdrawn entirely or was it moved? De Weerd: Well, the way Councilman Bird suggested it was removed. Mr. Bird, did you want discussion on that Item K? Bird: Oh, no. No. It was -- it was gone. They requested -- they requested that it be pulled completely. And I'm sorry if I misquoted you, but -- De Weerd: No. You did fine. I was on the same page. Bird: Yeah. Zaremba: Okay. Thank you. Rountree: We are okay. Meridian City Council February 19, 2008 Page 12 of 75 Item 9: Tabled from February 1, 2008: Amendment to Bittercreek Agreement: Item 10: Tabled from February 1, 2008: Cooperative Construction and Reimbursement Agreement for Lift Station, Force Main and Oversize Main for Bittercreek Meadows: De Weerd: We are -- I was with you. Okay. Item 9. I will ask Mr. Barry. Barry: Madam Mayor, Members of the -- pardon me? De Weerd: Who was going to introduce this? Barry: Oh, Mr. Nary, were you? Barry. Nary. It's close. Nary: I think it was you. De Weerd: I did say Barry. Barry: That's what I thought I heard. Madam Mayor, Members of the Council. Tom Barry, the Public Works Department. In Executive Session this evening you presented six alternatives regarding the Bitter Creek Meadows issue, with two of those alternatives being the most appropriate at this point in time. One of those on alternatives embraced going back to the original agreement that was crafted in 2006. The other, in an attempt to resolve a tort claim through mediation, that alternative embraced the resolution of that tort claim, along with avery -- a different agreement. The Public Works Department staff would like your direction, if you will, regarding a next steps on this particular issue, so that we can bring this matter to a close and bring some closure to the issue as it relates to the tort claim as well. De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I think, basically, what you have in front of you to consider -- I guess what we are looking for is direction. We had an agreement -- well, we have an agreement with the developer of Bittercreek Meadows, Mr. Jewett, who I think is here in the back of the room. We have had an agreement since 2006 that -- I guess to cut to the chase, requires some completion of some -- some improvements on Mr. Jewett's part in regards to a well on that site and at the point that those are completed and the city can take operation of that, that was what was contemplated in the agreement, and that the city would, then, also build a lift station in the Bittercreek Meadows area to serve those particular homes that are there and the agreement contemplates 24 homes being served by a lift station. That's already on the table. There has been some ongoing dispute about that. We tried to resolve that through a mediation process, since some alternatives have been considered, but, ultimately, the ~' # Meridian City Council February 19, 2008 Page 13 of 75 decision of where we go and the direction the city takes on whether the existing agreement is something the city would prefer to give direction towards or the alternatives, which has been discussed with you, which, essentially -- and this is not the exact detail, but in general the requirements are opposite. The city would purchase the well, instead of Mr. Jewett giving the well to the city. The city would not -- no longer be required to build a lift station, but Mr. Jewett would build it at some point in the future and, then, there is some other considerations in there -- that that agreement that was discussed at mediation was an alternative for you to make a decision upon. So, I think what Mr. Jewett is expecting and what the staff is desiring tonight is direction from you on where you, as the Council, want us to go. If your direction is to continue with the original agreement that was signed in 2006, that's within your discretion. If your direction is, instead, to complete an agreement, we don't have an agreement for you tonight towards the outcome that was discussed in mediation, that's the direction we need. There has been a number of conversations Mr. Barry has had for the last few weeks with Mr. Jewett over some other alternatives, but, really, today we still need direction from you of what do you want us to accomplish as staff in working with Mr. Jewett, the agreement that's already out there or an alternative, which, basically, we would require the city to be purchasing the well and Mr. Jewett to be changing his obligations and a new agreement, which hasn't been completed at this point, because we have been sort of discussing a number of changes to that, but I think that's, really, the gist of what we are seeking tonight is just that direction. De Weerd: Thank you, Mr. Nary. Council, any questions? Bird: I have none, Mayor. De Weerd: Okay. We are seeking your direction on this. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: My comment, I guess, on what we have reviewed, having sat through the mediation session and having the additional information that's been provided by staff, my recommendation would be to proceed with the original agreement, complete what engineering needs to be completed, if any, and move forward post haste with the construction of the lift station. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council February 19, 2008 Page 14 of 75 Bird: I would -- I agree with Councilman Rountree on the statement, but how fast can we get this done? I mean we have had this thing going for two years. I'd like to see it get settled. Barry: Councilman Bird, regarding construction of the lift station -- Bird: Well, no, I mean the agreement -- get the agreement signed and get that all taken care of and get started on doing what we need to do out there. Barry: Regarding the agreement, I'll differ to Mr. Nary, since that's alegal -- the agreement, as I understand, is signed already. So, regarding the next step would be a matter of just going to engineering and cost estimating and, then, making arrangements for the design and construction of the lift station and the line that would service back to the -- to the plant. So, with regard to that timeline, regarding construction, I would say, yeah, by year end we should have that. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Madam Mayor, Members of the Council, Councilmember Bird, yeah, the existing agreement has already been signed and executed and recorded. The basis of the claim and the dispute from Mr. Jewett was the city's dispatch in getting that done in a timely fashion and that was where the dispute lies with the city and Mr. Jewett. So, that, obviously, won't go away necessarily simply by going forward, but that is the agreement that is out on the table. That is the existing responsibility of both Mr. Jewett and the city was to -- was to follow through on that agreement that was signed in 2006. So, we certainly can proceed on that agreement as has already been presented. De Weerd: Any other questions from Council or, staff, any additional comment? Barry: Not at this time. Bird: We got two views. What's the other two? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I'm not inclined necessarily to try and resolve potential litigation or a negotiated contract here in an open forum on public session. That's really not probably the most efficient way to try and resolve disputes like this. I agree with Councilman Bird to the extent action can be taken quickly to the benefit of Mr. Jewett and the city. Let's get this thing done. It might be too simplistic to request that there -- if there is an alternative Meridian City Council February 19, 2008 Page 15 of 75 • three or an option for a resolution, that that be presented to the city -- to counsel for the city. Perhaps we can go so far as have it actually signed by Mr. Jewett. To the extent it outlines firm concrete terms that are absolutely guaranteed acceptable, great. The city can, then, decide one way or another if that's going to work in an effort to try and resolve it one way or the other. I think Mr. Jewett would clearly like some -- some direction, good or bad, as soon as possible. I think that's only fair. So, if that's something that could be provided within a week or more or less or ten days, however long it takes, let's try and do that. Again, option -- the original option -- the original agreement's already signed. Let's continue down that course, as Councilman Rountree suggested, which very well might be the best -- the best course to go. Bird: I agree. De Weerd: So, is there direction to staff to move towards option one, bring back a time line for what this would look like and bring that with Mr. Jewett and have this as a follow-up discussion next week; is that desirable? Rountree: I think that's what Mr. Borton said. De Weerd: Okay. Mr. Jewett? Jewett: Jim Jewett. 1560 Carol Street, Meridian. Is there a question or do you want me to start just talking, because I could go for awhile. Borton: Madam Mayor? De Weerd: We don't want you to just go for awhile. Jewett: I didn't think so. Borton: Mr. Jewett, the basis of my comment was -- in fairness to both sides and trying to resolve it, it doesn't make sense for you or us -- for us to ask for X and you to ask for Y and we say, no, how about Z and you say, no, how about B, and we just -- we have been doing this and your time's valuable and expensive and a pain in the tail for everybody. So, the reason I threw that out, if there is -- other than the existing agreement, if there is some of these specific terms -- and I know you have been working hard with -- with Public Works and legal to try and flush out those specifics that work for you -- whether or not they work for the city -- you guys are close on a lot of things that you could be pinned down, so to speak. The literal sign here is the absolute resolution if we go this route. But, then, the city can kind of go up or down on it. That might not be possible, but it avoids the give and take that we are sort of stuck in right now. Jewett: Yeah. Understand the give and take. I think some of the problem that existed is -- is direction of Council, because you are the deciding body. During the mediation a Meridian City Council February 19, 2008 Page 16 of 75 • lot was discussed and there was a proposed agreement through mediation that I'm assuming never got ratified, so that one is not on the table. So, I guess the missing link is the input of what Council really wants to do. I mean I signed the agreement over two years ago expecting that to happen. Council signed the same agreement over two years ago. And here we are and there is a lot of water under the bridge, a lot of money's been spent on both parts. How we resolve that without Council's direction I think is going to be difficult. I just think you have a -- and your Public Works has worked -- he and the director has worked diligently with me trying to get up to speed on it, but he's got a lot of catching up to do, a lot of history here, and that's difficult for him, especially with all his other tasks, which Imust -- he surely has a lot of other tasks other than this project. And we just keep going on and on and I don't know what we are going to accomplish between now and next week that's going to be different than where we are today. I really have to be honest, I don't know where we are going still. I appreciate your comments and I appreciate wanting to get this done, but if we are just saying we are going to go the original agreement, then, what are we going to do with all the water under the bridge in the last year and a half? You know, I was directed by Public Works to deed them the lift station lot to do that. I had to spend money to buy that site. I paid interest on that for the last year and three months and I just think that's grossly unfair for me to just to sit there and continue to do that. Borton: Madam Mayor? I didn't -- I didn't -- I didn't necessarily suggest a way to come up and either vent or try and negotiate anything right now. I understand your concerns. I just -- I pose that question if that was doable. Maybe yes, maybe not, but we will talk with staff and Councilman Rountree's suggestion is sort of front and center. Jewett: I mean as far as the -- the engineering plans -- you know, the plans were completed, they were approved by DEQ well over -- about a year ago now. So, that part's been done for some time. But just nothing has proceeded from that point. So, to take up that from now and go forward, I would think that's a fairly easy process, just do the engineering and put it out for bid. As far as the continued negotiations to settle all the other little issues, I gladly will work with Public Works. I don't know if going back to mediation is the right venue for that solution or not. I don't know. Borton: Okay. Thanks. De Weerd: Council? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, if it would be of any assistance, if I understand the Council's direction, it appears that what you would like is on next week's agenda from Public Works a plan with some numbers as to this lift station project, what's the time line it can • Meridian City Council February 19, 2008 Page 17 of 75 get completed and what's the cost to the city to get that accomplished. The direction to the legal department right at the moment is that there wasn't any option you have approved, other than the agreement that already exists, the 2006 agreement with Mr. Jewett to construct the lift station and that the well can be turned over to the city at some point in the future, according to that agreement, when it meets the city's standards and requirements. That's what I am taking by your direction. What I also understood you to say is that if Mr. Jewett still wants to explore other options, he can certainly bring those forward. That's not something necessarily at this point we are talking about mediation, that's simply a proposal that he can, then, discuss with Mr. Barry, as they have been for the last month, and Mr. Barry, if he feels that's an appropriate option, can bring that forward to you. But unless I misunderstood you, that was the gist of what I think your discussion was and if that's incorrect, please, if you could make it clearer if that's not what you want to see happen. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I think in the interest of moving this forward, we have had several options presented to us. I would rather interpret this week between now and bringing it back next week as a time to iron out whatever remaining details there may be on the existing agreement that aren't clear. I am not excited about exploring new ideas at this point and I don't know if I'm the only one that is saying it, but I do think there is some need for both sides to talk about some of the little details and to iron out what those would be and we have talked about a timeline, but I don't believe I'm too interested in having any new ideas presented. That sounds pretty closed minded, but we have been a year and a half, almost two years, discussing new ideas and I feel something needs to move. So, I may be the only one that's having that opinion. Mr. Jewett is back. Jewett: Madam Mayor, Council, I may make one other suggestion, in that although I don't want to stay here later tonight, you could table this item to the end of the agenda and give me a chance, either during a break or during some time when your counsel and your Public Works director isn't busy, then, I could meet with them in one of the offices here and maybe we can iron out a few more details to get a more close proximity of what we want to do, that way maybe a further report could be given later. I don't know how your other two employees feel about that, but it's an offer that I might make to try to have some better clarity going forward today. Bird: Madam mayor, I don't have any problem with that. De Weerd: Council, we have an Executive Session at the end of the agenda. We could -- Bird: Come in after that. • • Meridian City Council February 19, 2008 Page 18 of 75 De Weerd: -- come in after that discussion. Bird: So, you want to move 10 and 11 to after Item 24 -- 26; right? Rountree: Items 9 and 10? Bird: Nine and ten. I was trying to get something else through, too. I was going to make the final plat -- De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I would move that we move Items 9 and 10 to the end of our agenda and make them Items 25 and 26, if you want to renumber the entire agenda. De Weerd: Okay. But I'm not going to renumber the entire agenda, so we will just -- Rountree: Okay. Make them the last two items on our agenda, please. Borton: Second. De Weerd: Okay. That was a motion and a second. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Item 11: FP 08-001 Request for Final Plat approval for 4 commercial building lots on 3.77 acres in a C-G zone for Paramount Commercial Southwest Subdivision by Brighton Corporation -Lots 1-4, Block 1 of Paramount Commercial Southwest, east of North Linder Road and north of West McMillan Road: De Weerd: Okay. Item 11 is FP 08-001. I will turn this over to Anna. Canning: Madam Mayor, Members of the Council, this is the Paramount Commercial Southwest, which should be Paramount Commercial Southwest No. 1. We do have an applicant -- a letter from the applicant stating that they are in agreement with the conditions of approval, although they did make two clarifications that we asked that the Council include that letter with the approval of the final plat. • Meridian City Council February 19, 2008 Page 19 of 75 De Weerd: Thank you. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would move that we approve Item No. 11, Paramount Commercial Southwest Sub No. 1, with the inclusion of the letter submitted by the applicant. Bird: Second. Borton: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Ms. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. De Weerd: Okay. All ayes. MOTION CARRIED: ALL AYES. Item 12: Continued Public Hearing from January 8, 2008: VAR 07-017 Request fora Variance to UDC 11-3H-4 that prohibits new approaches from directly accessing a state highway to allow 3 right-in /right-out access points on both sides of State Highway (SH) 55/Eagle Road and 1 full access point to State Highway 55/Eagle Road located on the east side of SH 55/Eagle Road for Meridian Town Center by CenterCal Properties, LLC -Northwest Corner and Northeast Corner of North Eagle Road and East Fairview Avenue: De Weerd: Okay. Item 12 is a continued Public Hearing from January 8th on VAR 07- 017. Canning: Madam Mayor, Members of the Council, this is the variance application for the Meridian Town Center. As you know, it's located on the northwest and the northeast corners of Eagle and Fairview. This application was continued to -- from January 8th to allow time for the applicant to submit a traffic impact study to Ada County Highway District and to allow for comments from ITD. I wasn't going to go into more detail on the variance application, unless Council wanted me to. I did want to let you know that they have submitted it -- the traffic impact study to Ada County Highway District. We expect to see the preliminary comments around the end of the month. But I know that the application's representatives are here and would like to discuss the application with Council tonight. Meridian City Council February 19, 2008 Page 20 of 75 • De Weerd: Okay. Thank you, Anna. Would the applicant like to come forward? Welk: Thank you, Madam Mayor, Council Members. My name is Andrew Welk, I'm with Center Cal Properties. Do you need my address and all of that or -- De Weerd: Yes, please. Welk: Okay. The address is 7455 Southwest Bridgeport Road, Suite 205, Tigart, Oregon. 97224. De Weerd: Thank you. Welk: I always wonder if I'm going to get that right, so -- De Weerd: You just did this time. Welk: I think I did. I could have been winging it. Who knows. Well, thank you for allowing us to come back to you on this variance application. Shortly after our City Council meeting with you on the 8th of January we submitted the traffic impact analysis to both ITD and ACHD and -- and we have had afollow-up meeting with ACRD in contact with ITD and they are redoing the application. We have made ourselves available to answer any interim questions they may have prior to their comments coming out. Also at the request of our neighbor and at the encouragement of Council, we have met with the traffic engineer that represents the neighbor to the south, Developers Diversified. We had a good meeting with Mr. Thompson and, in fact, I believe that he's here to speak this evening, but we will encourage, as with any neighbor, to take their ideas and their concerns into consideration, so that we can address those in an effective and appropriate way. So, we made that commitment and will continue to do that. And what I'd like to do at this point is I'd like to allow our traffic engineer a few minutes to give you a brief demonstration, because we really didn't do that effectively last time, to show you how the Eagle Road stretch from Fairview up to River Valley and somewhat beyond would operate and, of course, we have a huge stake in this, because if it doesn't operate well, it will certainly hurt us more than just about anybody. So, if you will indulge us a few minutes, I'd like to turn over the program to Mark Vandehey from Kittleson and Associates. De Weerd: Okay. Thank you. Vandehey: Thank you, Andy. We have got a Powerpoint presentation we are going to take you through, but before I do that I'll introduce myself. De Weerd: Thank you. • Meridian City Council February 19, 2008 Page 21 of 75 • Vandehey: Madam Mayor, Members of the Council, my name is Mark Vandehey, I'm a principal with the firm of Kittleson and Associates. Our offices are at 610 -- my office, I should say, are at 610 Southwest Alder, Suite 700, Portland, Oregon. 97205. I say my offices, because we also have an office here in Boise and you're probably used to seeing those faces more than you are mine. Let's go ahead and go to the first slide. I have got just a few slides here that I think will help kind of illustrate our thought process and how we developed the access plan and improvements for Eagle Road and, again, at the outset this is just focused on Eagle Road. We have looked at other facilities as well. Fairview in particular. Records Road. And since the focus of this decision tonight is based on the variance application for Eagle, that's kind of the focus of my conversation here. Just as an overview, I kind of want to highlight some of the major considerations that we took into account when we were developing the improvement plan, as well as the access management plan for Eagle. First of all, we are dealing with a large scale development that really does require multiple points of access, not just to serve the traffic demand, but also related to some of the features we are trying to accomplish on site by creating a pedestrian friendly environment. Second, it's a mixed use project. Actually, I caught the tail end of the presentation earlier tonight where there was some -- some discussion about access spacing for arterials, particularly the half mile spacing for arterials doesn't necessarily work well for mixed use development. You're going to hear more of that theme tonight. We -- I think what we have developed here is something that's a great compromise between maintaining the mobility functions for Eagle Road, but also providing the needed access for a mixed use project like this. It does have a very pedestrian focus and you're going to hear a little bit more about some of those particular features that we took into account when we developed the plan. The third point is we do recognize there is a need for increased capacity on Eagle Road and at Fairview. It is a large project, there is no doubt. Existing conditions out there today, Eagle and Fairview is certainly one of the busiest cities in the state -- or the busiest intersection of the state. So, we recognize the need for some improvements for that intersection, as well as the entire frontage of Eagle Road. And, finally, there is a need for enhanced safety for vehicles and pedestrians. This particularly relates to the Eagle and Fairview intersection. We will talk a little bit more in detail. So, we have developed some concepts to improve some intersection -- to improve intersection safety and also deal with some of the pedestrian crossing movements. So, with that as an overview, let me just kind of go through each of the major intersections along the -- along the particular facility. I'm going to start at the north end at River Valley. This is proposed to be a signalized access and let me just -- this is a laser pointer, isn't it, here? This is probably a good opportunity to talk about some of the improvements that we are proposing. In general, we are talking about widening Eagle Road to have three through lanes in each direction from its current two through lanes in each direction. These are primary north-south travel lanes. At this particular intersection we would be widening to include two left turn lanes in both the northbound and southbound direction. And widening the approaches to provide two left turn lanes coming out of the site and a shared through and right turn lane. Some of the points that we want to illustrate there -- first of all, this is consistent with ITD and ACHD plans. Been planning a signal at this • Meridian City Council February 19, 2008 Page 22 of 75 u location. This is about the half mile location. This particular intersection will not only serve the Meridian Town Center project, but will also serve properties to the north. Second, this will be coordinated with the Eagle Road signal system. So, in developing the Eagle Road timing plans -- and we have been doing that work for ITD for several years -- this will fit very nicely in that coordinated signal system plan at, again, that half mile location. This is a very important point. This will really provide the only signalized left turn egress from the sight. In fact, it will provide the only left turn egress period onto Eagle Road for the site. Okay. So, very important access point for the project. And this last point, it will provide signalized connectivity between the east and west parcels. We have got development on both sides of the street and we are going to talk a little bit about that when we look at the mid block access point as well. But this is going to provide not only for vehicular crossings, vehicle through traffic, this is the only way to really cross from one side of the -- from one side of the development to the other if you're a vehicle, but it is also going to provide for pedestrian crossings. Now let's talk a little bit about the right-in, right-out access drives. We are proposing those at -- at about the 1/8th mile spacing. Major issues we want to highlight there. First of all, they were developed to help distribute the traffic. We do have a very large volume of traffic coming in and out of the site, so we found a need to distribute the traffic beyond maybe what the typical access spacing allows. In addition to distributing the traffic that's going to result in less congestion at other intersections and that's important, because, remember, we are trying to create a pedestrian friendly environment on site. We don't want to have any one point be very heavily loaded from a vehicular standpoint. So, this allows us to distribute that traffic and create less congestion, not only at the site access points, but also at Eagle and Fairview, as well as Eagle and River Valley. Provide sufficient capacity for the right turn exiting movements. What we found is when we looked at what ITD's plan was, which was a signal at the north end and an unsignalized drive at the -- at the quarter mile access spacing location, which would be a left-in, right- in, right-out, kind of consistent with our plans. We didn't have sufficient capacity to accommodate the right turn demand exiting the site, so we really needed that to provide sufficient capacity for the right turn movements. And, finally, the median design will enforce the right turn only movements. I know that's -- that is oftentimes a problem at arterial facilities where we -- where we might sign intersections to prohibit left turn movements and allow only right turns, but without the provision of a median on the street you really have no way of physically enforcing that, but in this location we do. And, then, the design itself has been designed to minimize the impact of through traffic. We are going to have, obviously, the three through lanes on Eagle, but, then, a separate right turn lane into the sight dedicated right turn lane exiting the site, so we really will minimize the impact of through traffic. Now, focusing our attention at the quarter mile access point. What I'm going to be talking about primarily is what we have proposed to ITD as -- as a signalized alternative for this access point. We have also looked at it as an unsignalized access point. We are recommending the signalized access point primarily for the -- for the points that I raised, but it will function adequately as an unsignalized left-in, right-in, right-out. Again, this is consistent with the ITD plans for Eagle Road. Not the signal per se, but the left-in, right-in, right-out movement at this i r Meridian City Council February 19, 2008 Page 23 of 75 -- at this quarter mile location. The signalized -- this is now more focused on the signalized alternative. It really does provide increased capacity and safety for those left turn movements. We do have a fairly high volume of left turning traffic and with the benefit of the signal, we get more capacity and we also provide better safety for those left turn movements. It also provides a safe crossing for Eagle -- on Eagle Road for pedestrians. Remember we talked about development on both sides of the street. Eagle Road really does form a barrier between the east and the west sides of the project and looking at -- and looking at trying to accommodate the need for pedestrian movements, you know, without this particular signal at this location we have two options, one is to go to -- for pedestrians just to cross at Eagle and Fairview, and the other is to cross at Eagle and River Valley. Obviously, Eagle and Fairview is not the most pedestrian friendly intersection. This particular design would allow us to provide a pedestrian crossing at that quarter mile location in a very safe way and cross at a shorter distance and a less complicated intersection at least for pedestrians than what exists at Eagle and Fairview. It also reduces the traffic demand at other intersections with the signalized left-in provision we are going to be able to reduce the left turn demand at Eagle and River Valley, as well as Eagle and Fairview, because we have got more capacity at this mid block location we have reduced the demand at those other intersections and that allows us to, of course, provide more green time for through traffic on Eagle Road, which is -- improves the mobility for Eagle Road. And finally -- and we are going to talk a little bit more about this on the next slide, due primarily to the very efficient operation we can coordinate traffic movements north and south, so that through traffic -- and this is the through through traffic on Eagle Road, will not have to stop and I'm going to demonstrate this a little bit on the next slide. I know there is some questions about how this really functions and this, by the way, is a very simplistic representation and it may be too simplistic, so I apologize for that if it is, but I think it does illustrate the basic concept. Before we get into it, let me just describe some kind of key features here. What we are really just focusing on right now is -- is the northbound direction. How it operates in the southbound is virtually identical. So, for simplicity sake I'm kind of focusing on just the northbound direction of traffic. As a backdrop, the reason this -- this particular scenario operates so efficiently is because at this quarter mile location we have a significant amount of green time that we can allocate to Eagle Road. By comparison, at Eagle and Fairview there is a lot of competing demands for green time. The Eagle Road through movements are, obviously, very heavy, but there is a lot of other movements going on at the intersection. Left turn movements two and from Fairview and, of course, Fairview. As a result of that, we are really only able to allocate about 40 percent of the green time to the Eagle Road through movements, okay? So, keep that -- keep that statistic in mind. At this quarter mile access location we are going to be able to allocate approximately 85 to 90 percent of the green time to Eagle Road through traffic. That allows us a lot of flexibility in how we coordinate that, so that we can really minimize the impact to through traffic. So, this -- now I'll kind of get into the little animated demonstration and, again, it's pretty simplistic. Basically, as -- we are going to cue up these left turn movements, they can both run simultaneously -- I'm going to run this again, because it went kind of quickly. • Meridian City Council February 19, 2008 Page 24 of 75 Uri, you want to just kind of cycle one more time. Up at the -- up at this northern intersection you will notice once the through movements go by -- we actually run the lefts and the right turn simultaneously. That's an important feature. That's only one signal phase. That's the only time the light's going to be red for Eagle Road through traffic. So, that's why we are able to really keep it green 90 percent of the time or something in that range. And so when that -- we will go ahead and run this again. When that major through movement discharges from Eagle Road, as you just saw, it will never have to stop and the same thing will work in the southbound direction, it will never have to stop at those locations. Some of the turning traffic onto Eagle Road will for a short period of time when we discharge those movements, but we are going to keep that cue very small and, again, the major through movements on Eagle we don't have to stop. So, I know that was pretty simplistic, but, hopefully, that illustrates the point. Does that kind of -- does that make sense in terms of, you know, how that signal is going to function and operate, at least in a simplistic way, anyway? Okay. Now, the final intersection, obviously a very important one, Fairview and Eagle Road. First of all, we do have an accident problem at that location. The accident history is primarily due -- or avery significant number of accidents is due to the free right turn movements that occur at that intersection. We want to eliminate those. We want to eliminate those free right turn movements that are really dangerous for drivers and we can do that by doing a major widening at that intersection. We are going to be adding some additional through lanes on Eagle Road. Okay. So, we are adding an additional through lane in each direction, that's that third through lane that we have been talking about and we will be carrying through to the south to a reasonable transition point. And these improvements that we are proposing here, again, we are doing some widening on Fairview as well. I'm not so focused on that in the presentation. But we really do -- fully mitigate the Meridian Town Center traffic. I'm guessing that means I'm out of time. Let me just conclude briefly and with maybe the last point that Andy made is that -- you know, he said they have got a vested interest in making this system work. We feel like we have very -- very much the same vested interest. Not only have we done a lot of work for Center Cal over the years, we have a vested interest in making this site work from a transportation standpoint. Our office has also invested a lot of time and energy in doing improvements to Eagle Road, working with ITD, so we, obviously, want that system to work for both the public, as well as the development when it's all said and done and I think we have developed a plan that does that and we just ask for your support. Before I turn it back over to Andy for some concluding comments, just open it up for questions that you might have. De Weerd: Mark, I guess just clarification. This doesn't show the -- the proposed improvements that would be separate in the Star legislation type of -- Vandehey: Correct. This is just focused on what we are proposing to Eagle Road. And if you go back to the first slide, Uri. Yeah. You can stop at any one of those, but --just get me the big picture. And, you know, we haven't shown the whole system, but, obviously, we have got improvements -- major improvements we are proposing to • Meridian City Council February 19, 2008 Page 25 of 75 Fairview, you know, basically, from Venture all the way to Hickory. We are proposing at a minimum improvements to Eagle Road from -- you know, Fairview to River Valley and, then, some transition to the north and south. Obviously, Records Road, which it's a little bit off the site here, but I think you all know where Records is. Improvements to Records Road, River Valley, all that would be done as part of the project. In addition to that, what Mayor -- Mayor was referring to was some -- some improvements that we are proposing that extend beyond that going all the way to the freeway and, in fact, going beyond on Records Road connecting up to Ustick that would be part of the Stars legislation package that's ongoing as well. De Weerd: Okay. But that wasn't shown in your example. Vandehey: No. No. I'm just trying to focus on -- De Weerd: That's aseparate -- Vandehey: Yeah. That's really a -- it really is a separate issue and, again, that's why I haven't really focused on some of the Fairview improvements. De Weerd: Yeah. Because this is just about the variance. Vandehey: This is just about the variance. Yeah. De Weerd: Okay. Council, any questions? Bird: I have none. Rountree: I have none. Vandehey: Thank you very much. Zaremba: Well, I do have one, but it doesn't relate to the variance, so -- Welk: Okay. Zaremba: -- I'll ask it another time. Welk: Okay. Just in conclusion -- and thank you, Mark, for doing that and, actually, to - - actually, the credit goes to Uri, because I know he spent all that time putting that whiz bang together and they really are good at putting together things for people like myself and probably yourselves that don't deal with traffic engineering all the time. De Weerd: I thought you were saying because he was the remote, uh? • Meridian City Council February 19, 2008 Page 26 of 75 u Welk: No. He actually -- were you the remote? That's all you did? Okay. Well, he took credit for all of it, so -- but in closing what I wanted to do is -- we are here focused on the variance and so I'd like to respectfully request that City Council show its continued support of the project by granting the variance for our request this evening. Momentum is a very very important component of any development and certainly a retail development. We have great excitement going on out there with a lot of key tenants, but we need to continue to demonstrate to those tenants that we are making progress. So, you know, we have gone through the annexation and the zoning, we are now, hopefully, concluding this variance and keep that momentum going. So, if you would be willing to grant that variance this evening, that would certainly keep that momentum going. So, if you're -- if you have any questions or if you have any comments that you'd like us to address, I would be happy to do that now. De Weerd: Thank you, Andy. Council? Bird: I have none. Rountree: Well, Madam Mayor, I do have a question. At what point do you anticipate getting comments from ACRD and ITD? Welk: We met with ACHD last week. Our understanding is that we will have -- it's on the expedited program and we understand that we will have their comments by the end of the month. The nature of those comments and the extent of them we don't know. And I also understand today that ITD is also trying to expedite review of this as well. So, we are hopeful that we will have those comments and we are making ourselves available on a regular basis if they have any questions in the interim. De Weerd: Thank you. This is a Public Hearing. I did have one person signed up as neutral, Dan Thompson. Would you like to provide testimony? If you will, please, state your name and address for the record. Thompson: Thank you, Mayor. My name is Dan Thompson, I'm with Thompson Engineers. My business address is 181 East 50th Street in Garden City. De Weerd: Thank you. Thompson: I have been hired by DDR. They are the owners of the property to the south of this, basically, just to act as their expert and eyes on the project. They have a very successful project there, it's been there a little over ten years now, I guess, and it is very successful. This is a very large development that's going in right across the street and they are just, you know, concerned about their access and how it might impact their development. They asked me to get together -- actually, Center Cal was very insistent in getting us involved in that. I'd like to commend them for that, too, that they did bring us into the process. But my client did want us to come in and look and see what was \J Meridian City Council February 19, 2008 Page 27 of 75 s going on and as I sat through with Center Cal this afternoon and talked to them, it was pretty obvious to me that what we are talking about here with this variance really does not affect my client and so we really don't have any comment on that. I'm going to ignore my engineering instincts and not comment on technical stuff there. We'll leave that to ITD and ACHD to do that. What we have asked -- my client has asked us to do is kind of go on record tonight as just saying that we want to be involved in the future development, particularly on Fairview and in the Star legislation as applies to Eagle Road south, because that will impact our client and how that goes, and clear on through the design phase and be involved in that. I have talked to Center Cal and I do work with Kittleson on a regular basis, they wholly agree to that, so we just were comfortable with that relationship. We just want to be on the record tonight as saying that's what our request is. De Weerd: Thank you. Thompson: Any questions? Rountree: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would just comment that ACHD is in -- I think the early stages of a Fairview corridor study and those meetings are announced publicly and that's something -- you may want to watch for the announcements or ask ACRD to put you on their list to be notified when Fairview corridor meetings are happening. Thompson: Thank you. De Weerd: Thank you. Zaremba: And that would be true with the Center Cal people as well. De Weerd: Okay. This is a Public Hearing. Is there anyone else who would like to provide testimony on this application? Thank you. Andy, do you have any concluding remarks? You get the last word. Okay. Council, any questions for staff? Anna, the development agreement was to include any of the comments and recommendations by the two transportation agencies, was that correct, on the annexation and zoning of this? Canning: Madam Mayor, Members of the Council, that was my recollection. I can look up the exact wording if you would like me to. De Weerd: I think that intent is pretty clear. Meridian City Council February 19, 2008 Page 28 of 75 Canning: Madam Mayor, Members of the Council, if you are looking at approving this tonight, please, remember it's a variance and you will need to address the findings that need to be made for a variance and I can put those up if you want me to. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: When we continued this to tonight we picked a shorter date to motivate getting their report into ACHD and ITD. My recollection is that we did not anticipate resolving it tonight. I personally feel it's important that we get the input from those two transportation agencies before we make our decision. Rountree: You want to get the other side? Bird: Yeah. Man, we are jacking these people around long enough. I mean it's -- we are not -- we are not setting a record out there. I mean this is a beautiful setup and you go along Eagle Road and there is a lot worse setups in shorter distance. And I -- let's get it on. We will be here six months from now still discussing it, waiting for ACHD or ITD to get something back to us. And when they do we will have questions, then. So, I'm for going forward, one way or the other, up or down. Zaremba: Madam Mayor, I wasn't going to suggest six months from now, I was going to suggest March 4th. De Weerd: Well, I would be interested in your motion, Mr. Bird, to -- Bird: Well, the first thing I'd do is make a motion that we close the Public Hearing. Rountree: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 12. All those in favor say aye. All ayes. Bird: Is there any discussion? Rountree: We can reopen it. Zaremba: Any opposed. De Weerd: Oh. Any opposed? Zaremba: Nay. • s Meridian City Council February 19, 2008 Page 29 of 75 De Weerd: I didn't know if you had said it with everyone else or not. Okay. For the record it was three ayes, one nay. Motion carries. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. Council, discussion? Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'll go ahead with a motion. I move we approve VAR 07-017, request for variance to UDC 11-3-H-4 and to include applicant's testimony, staff testimony, and public testimony and do I need to add anything else, Mrs. Canning? Canning: Yes, sir. I need you to specifically address the findings for the -- required for the variance and perhaps what Iheard -- and you can comment as to whether this is correct -- is that it will not grant a right or special privilege, because there are other parcels along Eagle Road that have similar -- similar, if not -- not as good conditions as being proposed on this one and that it does relieve an undue hardship based on the mixed use proposed on the site. Bird: Add it to my -- Canning: Is that the improvement? Bird: That's exactly what I said. Borton: Madam Mayor? Bird: With that I'm done with my motion. Borton: I'll second the motion and supplement the remarks of the motion maker that the granting of the variance would not appear to be detrimental to public safety and welfare. Bird: No. No. I agree. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. • Meridian City Council February 19, 2008 Page 30 of 75 Zaremba: For discussion purposes, I would like to clarify that I'm very much in favor of the project. And you can expect my no vote on this, though, because I do feel we should hear the agencies. De Weerd: Thank you. Okay. Rountree: Madam Mayor, my concern is similar to Mr. Zaremba's in that if we grant a variance I'm not sure what we are granting a variance for. We may not have these variance situations once we get the outcome of the ITD's review, which is, really, the only things that we would be varying, the accesses on Eagle Road. If there were language in the variance motion that the variance applies to only those accesses granted by ITD, I'm comfortable with it, but if it's just a blanket variance, without knowing what the agencies are going to approve, then, I have some difficulty with the motion. Bird: I don't disagree with that, except the simple fact is that ITD has approved accesses every 50 feet, so -- De Weerd: Well, I think it's been a chicken and an egg thing. Bird: Yeah. I know. De Weerd: Then they put it back to us and say will the city grant a variance and then -- so it's -- Bird: We grant -- that's what I thought we was doing, so we could grant a variance, so that they knew we had already granted it. De Weerd: And I guess, staff, correct me if I'm wrong, the variance is to our ordinance and -- Rountree: Yes. Bird: Yeah. That's what it is. De Weerd: So, that is -- that is what the variance is about. It still is by final determination by the transportation agency, so that certainly is -- I would say a granted, but if the clarification needs to be made, but the final decision is still that of the transportation agency. Would the motion maker accept that? Bird: Yeah. They have got it regardless. De Weerd: Second okay with just that clarification? Borton: Sure. • Meridian City Council February 19, 2008 Page 31 of 75 De Weerd: Okay. Any further discussion? Okay. Ms. Clerk -- Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Did you say Mr. or Mrs? De Weerd: I said Ms. Clerk, Mr. Borton. Borton: Anna, before we go further, does the motion regarding the variance need to make reference to the signalization issue at that quarter mile? Canning: No, sir. Our variance has nothing to do with signalization. It's just access. Borton: Okay. Bird: Yeah. De Weerd: Okay. Anything further? Rountree: I have none. De Weerd: Okay. Ms. Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, nay; Borton, yea. De Weerd: Motion carries with three ayes and one nay. MOTION CARRIED: THREE AYES. ONE NAY. Item 13: Continued Public Hearing from January 22, 2008: AZ 07-013 Request for Annexation and Zoning of 4.92 acres from Ada County RUT to an R-4 zone for Matador Subdivision by Equity Development - 1235 East McMillan Road: Item 14: Continued Public Hearing from January 22, 2008: PP 07-017 Request for Preliminary Plat approval for 16 single-family residential lots and 3 common lots on 4.92 acres in a proposed R-4 zone for Matador Subdivision by Equity Development - 1235 East McMillan Road: De Weerd: Okay. Items 13 and 14 are continued public hearings from January 22nd on AZ 07-013 and PP 07-017. I will ask staff for comment. • Meridian City Council February 19, 2008 Page 32 of 75 Canning: Madam Mayor, Members of the Council, this is the Matador project and as discussed, it was continued from the 22nd of January, so I will go to the outstanding issues before Council. You did vote to continue these items to allow staff to review the revised preliminary plat and landscape renderings, because the applicant submitted revised plans that weren't consistent with the Planning and Zoning Commission's recommendation and we got them a little bit late in the -- before -- or close to the hearing time. Staff has conducted a Comprehensive Plan review of the revised plan and offers the following. Let me go down to those. Cartoons for you there. The revised plat shows the relocation of the non-buildable lot from the southwest corner of the project to the northwest side of Cooper Ridge -Matador intersection by relocating the common lot centrally within the development the applicant has made it more functional and accessible for the future residents. In addition, the application has provided the tot lot and picnic tables to serve as amenities, as recommended by the Planning and Zoning Commission. And the average lot sizes have increased from 9,751 square feet on the old plat to 10,124 square feet on the revised plat. If the Council chooses to approve this application tonight with the revised plat, there are four changes that need to be noted in the record and those are provided on my cheat sheet there. The first is pretty simple, just recognizing the new date of the plat. And, then, there are condition 1.12 and 1.25 can be -- are no longer applicable and can be removed. And, then, to add a condition to relocate the tot lot and picnic tables to Lot 7, Block 1, as proposed. With that I'll answer any questions Council may have or if you'd like me to go back and recap the plat, I can do that as well. Rountree: No. Canning: And I got one vigorous shake of the head from Council regarding -- De Weerd: I think it was a consensus that, no, you don't need to do more. Bird: Madam Mayor, I would like to compliment somebody who is staff or the applicant to raise -- this has got to be a first for quite awhile, to raise the square footage -- to raise it, instead of lower it. Canning: Madam Mayor, Councilmember Bird, I knew you would be particularly pleased with that one. De Weerd: I don't think he was alone. Is the applicant here this evening? Whitehead: So, Madam Mayor, Members of the Council, for the record my name is Sabrina Whitehead, I am here on behalf of Equity Development and Briggs Engineering. My business address is 1800 West Overland Road, Boise, Idaho. 83705. I know you guys have a long evening, so I'm going to keep it short. As per your request last month, got right on board, got the plan revised, and got it approved by staff. So, I'm here, • Meridian City Council February 19, 2008 Page 33 of 75 hopefully, this evening to gain your approval and to be able to move forward with this project. So, I will thank you for your time and consideration. I will stand for any questions that you may have. De Weerd: Council, any questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Sabrina, you heard the four potential changes to the conditions. You're agreeable to those? Whitehead: Yes. Councilman Rountree, that's fine. De Weerd: Anything further? Thank you. Okay. This is a continued Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Seeing none -- Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: One of the questions that I had last time when we continued it was for Public Works to just take a look at it and make sure the new drainage direction worked and has that been agreed to? Canning: He's nodding his head. Did Bill contact the Public Works Department with regard to the revision? Yeah. The drainage is moving. See the green space on the right -- Zaremba: It was originally designed to drain to one lot and we changed the lot. Has the drainage plan changed? Canning: Yes, sir. Zaremba: It's okay? Canning: We are good. Zaremba: Okay. Thank you. Meridian City Council February 19, 2008 Page 34 of 75 De Weerd: And it's certainly something that is all at final plat determined. Zaremba: Okay. De Weerd: Okay. If there is no further questions, Council, I would entertain a motion to close. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I move we close the Public Hearing on Items 13 and 14. Rountree: Second. De Weerd: I have a motion and a second to close the public hearings on Items 13 and 14. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Any discussion? If not, do I have a motion? Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I move we approve AZ 07-013 and PP 07-017, to include all staff comments originally and the revisions requested this evening. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Items 13 and 14. Is there any discussion? Hearing none, Ms. Clerk, will you please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: CPA 07-002 Request to amend the Comprehensive Plan Future Land Use Map for the south Meridian area to expand future land uses designations to include the land east of McDermott Road south to Lake Hazel Road and '/z mile east of Linder Road south to '/2 mile south of Columbia Road, east to '/ mile west of Cloverdale Road; the proposal includes the amendment of Medium High Density Residential as • Meridian City Council February 19, 2008 Page 35 of 75 • recommended by the Planning and Zoning Commission as well as the following additional amendments recommended by Meridian Planning Department Staff: re-designation of the area at the intersection of Meridian and Lake Hazel Roads recommended for Mixed Employment to Mixed Use Regional; amending the study area boundary in the area south of Columbia and east of Locust Grove Roads and re-designating the area south of Columbia and east of Locust Grove Roads and re-designating the area from future area planning area to Low Density Residential for South Meridian Area Comprehensive Plan Amendment by the City of Meridian Planning Department: Item 16: Public Hearing: CPA 07-009 Request for a Comprehensive Plan Text Amendment to: add Medium High Density Residential to the Land Use Chapter of the Plan; include residential uses in neighborhood centers and amending the text of the Mixed Use Regional Designation as recommended by the City of Meridian Planning Staff for South Meridian Area by City of Meridian Planning Department: De Weerd: The next Public Hearing is Items 15 and 16. Anna, did we hear these separately or do you prefer that they -- together. Okay. I will open the public hearings on CPA 07-002 and CPA 07-009 with staff comments. Friedman: Thank you, Madam Mayor, Council Members. For the record, Pete Friedman, Meridian Planning Department. As the Mayor indicated, what you have before you tonight is the Planning and Zoning Commission's recommendations on the South Meridian Plan. The Planning and Zoning Commission considered the map amendments and came forward with their recommendation at a Public Hearing on November 1st, and, then, considered the text amendments on December 6th of last year. As you will note in the material that we gave you, staff has taken the unusual step of recommending a couple of minor revisions to the Planning and Zoning Commission's recommendation. I think you should look at these as friendly amendments. They are really not substantive changes, but, rather, they are more for clarification. De Weerd: Friendly amendments. Friedman: We have given you quite a bit of information in our staff report and so in order to help direct and focus the issues before you tonight, Attachment A of that staff report is a staff memo that was prepared by myself and Matt Ellsworth on February 15th and, hopefully, that will have brought the issues more into focus for you. In the interest of brevity, I'm just going to walk you briefly through the background of the plan and, then, move onto the recommendations. The south Meridian planning process was kicked off by the city in April of 2006. The Council's charge was for us to develop a plan that was supported by the property owner of the study area that you see up there on the screen. The city initiated that process without really any preconceived notions as to Meridian City Council February 19, 2008 Page 36 of 75 what to be the outcome, would the study be in our area of city impact or would it not. Perhaps it would, perhaps it wouldn't. But it was a very iterative process. We had three public meetings. We had participation of over 430 people. This included visioning, exercises, review of preferred alternatives, questionnaires, very high level of one-on- one staff contacts through telephone, face-to-face meetings, and so forth. In fact that has continued on right up until about last week. As a result of that initial planning process, what you see here, we developed a preferred alternative proposed land use map and this was initially the plan that was going to go forward to the Planning and Zoning Commission. Briefly, it represents about 70 percent low density development, two neighborhood centers, and medium to high density development along the major transportation corridors. At ultimate build out that plan would contemplate approximately 2,800 residential units. So, prior to taking it to Planning and Zoning, ACHD started kicking off their south Meridian transportation study, so we started working with ACHD and running the numbers and trying to test our land use assumptions with some of their traffic modeling for the area and to use a technical traffic engineering term that results were not pretty. What we ended up with was significant unplanned improvements. It would have unacceptable levels of service that were contrary to the residents' wishes out there in order to accommodate this level of growth almost every major arterial would be a five lane or a seven lane, a facility which would be contrary to the vision of the area being low density semi rural. So, taking that into account, staff prepared a revised recommendation for the Planning and Zoning Commission for their Public Hearing on the amendments, which occurred in April of last year. That slide that you have up there now represented the staff response. It dropped out about seven thousand dwelling units. It created for the city what would be a new Comp Plan designation, which would be a very low density. In other words, we were actually recommending at that point having areas within our potential city of impact being on individual well and septic. The purpose of that was not only to drop the density, but also to created buffers on the edge of the study area, so that we could create a reasonable identify between our study area and the ultimate area of city impact for Kuna. So, that was the recommendation that went forward to the Planning and Zoning Commission and if I might back up for a moment, what we heard when we developed the preferred alternative was about 59 percent of those participating really were in favor of low density. Conversely, at the Public Hearing we mostly heard from people that were interested in more density. So, that was kind of a surprise to us. At that point the Planning and Zoning Commission took testimony, continued the matter for two weeks, brought it back to them on April 19th, where they reviewed the testimony from the 5th and at that point they, then, continued it until November 1st of 2007 and charged staff to pursue a couple of different avenues. One was to convene another Public Hearing to explain to folks what -- what the staff response really meant and what some of the implications of it were. At that time we had anticipated Council was going to meet with the city of Kuna council and talk about some of our common boundaries down there. We wanted to get that information. We wanted to give ACHD time to complete the south Meridian traffic study and we wanted to reconcile some differences that had emerged in our plan with the southeast Meridian Comprehensive Plan Meridian City Council February 19, 2008 Page 37 of 75 amendment that had occurred the previous April. So, we took the Planning Commission's directive, we held a public meeting, we had very good dialogue with the forks -- folks that attended. As you know, you never did have a meeting with the city of Kuna, so that was pretty easy. We continued our coordination with ACHD and working on their traffic study down there, kind of pulling the numbers together and taking a closer look at that. In addition, we were looking at some other factors that weren't directed to us by the Planning Commission. One was the Council goals that were developed in April or spring about where you wanted to direct your -- direct the city's utilities and where we wanted to put our resources and what areas we really saw as important to physical and economic development of the city. Kind of reviewed those and looked at how those matched up with the proposed plan. We also consulted with the Public Works Department, looking at their sewer and water plans, trying to identify those areas that they were prioritizing for service and those areas that were the highest priority, those areas that were the least priority due to cost, due to physical constraints and so forth. At that point we were also embarking on the future planning exercise through the Blueprint For Good Growth and that had influence on what we were going to bring back to the Planning Commission in the fall. So, the result of all of those factors was a revised staff response and that is the recommendation that we took forward to the Planning Commission on November 1st. And probably the biggest change that you will see on that is the area to the west and, then, the area to the south that is the cross- hatched. And the recommendation was that, in essence, that area remained in the status quo, that it remain a planning and referral area. That's not to say that it's off the table forever for review and inclusion in the city's Comprehensive Plan, it's just that with the current market conditions, with the Council priorities as to where they wanted to focus city resources for growth and development, with the concerns of the property owners out there -- or at least the responses we heard in trying to maintain a semi rural environment, it just made sense to step back, put the brakes on for a little while, give us time to plan some of the other areas to catch up and, then, review this at some point in the future. That's not to say it's going to be a long time out, but it could be a couple of years and it gives us time to jell our utility plan, we will have the Ten Mile interchange, hopefully, open in a couple of years. It also doesn't preclude the property owner from initiating their own Comprehensive Plan amendments if they have a desire to do so. So, that is the recommendation that went forward to the Planning Commission on November 11th. We received quite a bit of testimony, much of it was from folks that, again, either had different ideas about what their property should be designated, but, ultimately, the Planning and Zoning Commission did issue forth a recommendation that night with a couple if minor amendments to what staff had proposed. One was that the area you see in the circle there, which is to the west of the purple area, which we had proposed for mixed employment, be included. The property owner, Mr. Exline, had requested -- originally been in the study area and, then, we dropped him out in our recommendation and the Planning and Zoning Commission felt that that should be included in there. Another -- excuse me. Another significant item that came up that night was by the Brighton Corporation that owned 80 acres on the southeast corner of the area that is proposed for mixed employment. That area is currently designated • Meridian City Council February 19, 2008 Page 38 of 75 mixed use regional on the Comprehensive Plan and we had recommended that that area be mixed employment. There had been some discussions by Brighton about including residential uses and retail uses in that as currently contemplated in the mixed use regional. The Planning Commission was, oh, kind of split mind on that. They saw the need for that type of use -- those types of uses in that area, but they felt that they needed to treat all the owners favorably, so when they sent the map forward, they also directed staff to work on the actual text and so what we had happen was on November 1st they made a recommendation to move the map forward. We, then, went back and started looking at the text for mixed employment and thought, well, wait a second, because currently the mixed employment only applies in the Ten Mile area and we didn't want to have two mixed employment designations, so we thought maybe this would be a good time to go back and look at the mixed use regional and really try to correct some of the deficiencies that we have in it, which -- and be more specific about trying to achieve true mixed use with a requirement for actual residential development, retail development, and so forth. So, we worked closely with the Brighton Corporation, came up with some recommended language for the mixed use regional and took that to the Planning and Zoning Commission on December 6th. Our recommendation, then, was to change the area from -- which was originally designated as mixed employment, change it all back to mixed use regional and adopt a new definition of mixed use regional. So, that's the recommendation that's gone forward to you from staff. Additional -- there were a couple additional changes to the map, which we were recommending. One was the mixed use residential there at Lake Hazel and Meridian Road and the other one was the adjustment of the study area boundary to the south. If you will recall from the Planning Commission recommendation, we had that as a referral area, but we subsequently met with the Mayor and planning director for the city of Kuna and mutually agreed upon a planning area boundary and this map represents that. So, what we ended up with was a little vestige in the southeast corner there that would have been unplanned and we figured it was --just made more sense to make it low density residential. It would help create that buffer -- or separate we want between the two cities. So, in summary, the Planning and Zoning Commission recommends the changes to the Comprehensive Plan to amend the -- for the text amendment that we amend the mixed use regional per the text that's attached in your staff report, that we recognize the south Meridian transportation plan and start requiring residential uses in neighborhood centers and that we add the medium high density residential text to the land use chapter of the plan. That designation was never really included in the plan. It was included in the Ten Mile plan, but we now have those designations on the south Meridian map, so we felt -- and Planning Commission felt that it was appropriate that we actually have some text for that designation in the plan. So, that's a brief overview of the recommendation from the staff and the Planning and Zoning Commission on the south Meridian plan. And I'd be happy to answer your questions or wait until you have had an opportunity to take testimony from the folks who are here tonight. De Weerd: Thank you, Pete. ~ ~ Meridian City Council February 19, 2008 Page 39 of 75 Borton: Madam Mayor? De Weerd: Yes. Borton: Just one quick question, Pete. Guess this slide sort of shows it, too. You made reference to the -- the Cochran Estates, the Exline property. Friedman: Yes. Borton: Was it -- was the chronology of that was originally included low density, removed, and, then, brought back in? Why not brought back in as low density residential? Friedman: Well, we were trying, because of the proposed mixed use next to it and if you look at the other areas around our mixed use, we have been trying to focus more density around those areas, so that you would have greater connectivity or move roof tops to be able to take access to the mixed use development. The mixed use -- I'm sorry. The medium density designation was one that was recommended by the Planning Commission. They didn't -- they just looked -- I think they believed they looked at the other uses around it on the other corners and felt that it treated equally. Borton: Okay. Zaremba: Madam Mayor? De Weerd: Okay. And so, Pete, there is a little corner that's excluded on that, that was requested in. Yeah. Friedman: That has been included in the Planning Commission's recommendations. De Weerd: Okay. Friedman: Yes. De Weerd: Okay. Any other questions for staff at this time? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I went to at least two, maybe more, of the public meetings on the subject and had lengthy discussions with people that live right off where the off ramp is going to go and even though that hasn't been designed yet -- first they were alarmed that they were moved out of the Ten Mile area study, because they -- they thought that they were more • • Meridian City Council February 19, 2008 Page 40 of 75 appropriately part of that. I explained to them why that change was made. They were comfortable with that part of the change being made. But they feel since there is a significant bench that runs along here and probably a half to a third of their neighborhood is going to be taken out by the ramp, they felt that there was a little small community in there that was not appropriate to be low density residential or any kind of residential that would be adjoining where ever that ramp is designed to go and I wonder how we can give them some consideration of that. Friedman: Madam Mayor, Council Members -- and that issue, I think, was brought up in the memo that we provided to you last week that you could expect to hear from that. We've had fairly extensive discussions with those folks. Matt has spent a lot of time with the people meeting there. It was originally -- or it is currently designated as commercial in our Comprehensive Plan. Because of the uncertainty about the ability to serve the area with utilities, because of some of the uncertainties about the actual design of the interchange at the time we started going through this, because of some of the access concerns out onto Ten Mile, we recommended that be low density residential. Now that we have a better understanding of where utilities probably are going to go, we certainly have a better understanding now of how Tasa will be connected to the outside world, really, because there is going to be a tremendous fill on Ten Mile Road, so it will require an underpass under Ten Mile Road to the -- to the east to connect it. We certainly -- and as well as more and more of the impacts are coming to light. I -- you know, we would certainly agree with your -- you know, your ability to change that back to commercial. Our feeling would be just designate it general commercial now and, then, as Councilmember Zaremba said, we are probably going to have eight or nine lots left in there. As time goes on, if someone is able to aggregate those or, you know, if the folks in there get together and are able to do something with it, it will, obviously, necessitate an annexation and rezone request to the city. We could designate it commercial now and, then, kind of define further development options and zoning options in the future. Zaremba: Thank you. De Weerd: Any other questions for staff at this time? Bird: I have none at this time. De Weerd: Okay. This is a Public Hearing and I do have a couple of people who have signed up. If you would like to provide testimony when I call your name, please, come forward at that time. Suzanne Gruba signed up as depends. Come on up. If you will, please, state your name and address for the record. Gruba: Yes. Madam Mayor and City Council Members, my name is Suzanne Gruba. I live at 3475 Tasa Drive, Meridian. Thank you. I know I have been kind of a pain and I really don't mean to be, I just want to not be ignored. I mean there is only seven of us Meridian City Council February 19, 2008 Page 41 of 75 • that are going to be left on that street when all of this is said and done and we are going to have to suffer through four years of road construction, because we aren't going to be bought by ITD. Zaremba: To clarify, you're talking about the area that I was just talking about. Gruba: Yes. Yes. Exactly. Sorry. If you -- if you have driven down our street -- and I don't know how many of you have, we are on the north side of the Ridenbaugh canal, but on the south side of the Tasa. So, when you -- our property goes up and backs up to the Ridenbaugh Canal and we don't want to be clumped with the rest of the people from Davis on going towards Victory as low density residential. As it stands right now, we can't sell our property. Our neighbor Bud Morris has written a letter and I attached it to our letter, which you have in front of you. He's had his house on the market for two years. Very few people have come to look at it. One that did come that made a full price offer was a church, which their financing fell through, because of this whole interchange and, you know, for us, we are stuck and I really don't want to be considered residential, because when it's all said and done we won't be able to sell as a residence. I don't know about you, but I certainly don't want to live there and I don't know anybody else that's going to want to buy a residential home in that area once the interchange is in there and the off ramp is right across the street from our house. So, I'm hoping that you will take into consideration -- take us off as low density residential and put us in as something else, like mixed use employment or neighborhood something where they -- I can't remember the -- low density residential -- oh. Sorry. I'm not very good at this. Neighborhood center and mixed use. I really don't have anymore to say, unless you have a couple questions forme and I'm done. De Weerd: Thank you. Gruba: Thank you. De Weerd: Glenn Bentley. Signed up for. Bentley: Glenn Bentley. 2250 North Astaire Way in Meridian. Mayor and Council, I'm here to represent Lawrence -- or, excuse me, Wendell and Kathleen Lawrence of 3797 South Rustler Lane in Stetson Estates. Stetson Estates is a subdivision located in southeast Meridian. It has 15 buildable residential lots. Six of the lots are five acre lots -- or five acres in size. Nine of the lots are ten acres lot. Five acre parcels are In the current Meridian area of impact. The nine ten acre parcels are outside the area of impact -- excuse me -- but are contingent with the current area of impact. The Lawrence's parcel is Lot 7, Block 1, is adjoining to the current area of impact. They would like to be able to divide Lot 7, Block 1, into two five acre residential building lots. They request the comp plan be amended for future land use to be low density residential to accommodate the five acre parcels as per the northern section of Stetson f,-~ Meridian City Council February 19, 2008 Page 42 of 75 • Estates. Public record shows that Mr. Presidine, also a resident out there, has asked for the same. De Weerd: Glenn, is that up -- can you use that -- the pointer -- Bird: It's off of Victory between -- De Weerd: Oh, right there. Bentley: Yes. It's right of Victory. It's -- Bird: Between Linder and Ten Mile. Bentley: It's right up in there. But half of the subdivision is five acre lots, as per the current area of impact. Bird: Yeah. Bentley: When the second half of the sub was put in, it was in Ada County area of impact, so they made them put it in as ten acre lots. The Lawrence's lot actually butts up to the property line that divides the area of impact right now, so -- De Weerd: So, Anna, is that -- that area a part of what's being removed at this point? Canning: Madam Mayor, Members of the Council, it's what's proposed as being in the planning area at this point, yes. Bird: It's not in the impact area. Canning: It is not in the Comp Plan boundaries and I should note that we have had discussions with Ada County. A lot of the cities are eager to move away from the RUT zoning, which was what would allow the five acre lots and to keep it as a rural residential, the R-R zoning, even if it were in the planning area, to allow for the possibilities of planned communities within the planning area. The RUT designation would not allow that. So, even if it were put on the Comprehensive Plan without the RUT zoning, they wouldn't be able to do five acre lots. If Council goes that route with the zoning designation. De Weerd: Okay. Council, any questions for Mr. Bentley? Anything further? Bentley: No. De Weerd: Okay. • • Meridian City Council February 19, 2008 Page 43 of 75 Bentley: Outside of the fact that these two people would definitely like to be able to split their lots. De Weerd: Okay. Thank you. Bentley: Thank you and good to see you all again. Have those chairs gotten anymore comfortable? Bird: Oh, you bet. Rountree: They are marvelous. Bird: At 1:00 o'clock in the morning they feel real good. De Weerd: Eric Exline. Exline: Mayor, Members of the Council, my name is Eric Exline. I live at 415 West Lake Hazel Road, the reference to Cochran Estates that Councilman Borton brought up. I submitted my -- kind of request in writing. I'll give you the history in brief. I went to all of the planning process and I actually would have to commend the staff, it was a -- I thought, a well run process. Got a lot of good input. The one thing I regret is that I was never able to make it to any of the Planning and Zoning Commission meetings, because they are on Thursday nights and I teach at BSU that night, so I could never get to those. I probably would have testified differently at the one that didn't like the staff response, but be that as it may. I do live in that little square down there. It's a 40 acre subdivision. It's been there since 1972. They are five acre parcels. And it was originally part of the plan, if you will, designated as very low density, which is what it is now in terms of its current use and, then, after one of the Planning and Zoning Commissions and, then, before it came to Council, it was sort of dropped from the plan as part of the planning area. Since I couldn't come to the Planning and Zoning meeting, I submitted my concerns about that in writing, which starts with the initial meeting I went to, the visioning meeting, in which (said (preferred -- and my neighbors concurred -- preferred to be in the City of Meridian, as opposed to in the Kuna planning area and we are right on the line. And, in part, I have to say that I think that reflects a belief in your process and how you have gone about this. The thing that I have to say, I have some explaining to do, is in letter to Planning and Zoning I said we preferred to be included, I sort of assumed that they would include us and understand at the zoning designation that we had been in the plan before. Their logic, as I think Anna explained, was to treat us sort of like everything else that surrounds that mixed use area. So, they made us medium high density. That's all high density. The thing that's a little different -- and I have to say to me is a little problematic, is we had a very low density use sitting next to what's going to be a very high density use. That is really not true of any of the rest of that planning area. There are some single residences around that mixed use commercial area. They will largely sell their property -- I'm talking like 80 acre parcels, some of • Meridian City Council February 19, 2008 Page 44 of 75 them are actually in ownership of the developers, in particular there is -- to the north of that planning area. That will all develop toward that. Our little subdivision will likely stay in its use, unless at some point the land became valuable enough that we could sell it all and they would tear our houses down and turn it into commercial use. That's probably beyond a window that any of us, the current owners will actually live there. At least that would be my estimate. Anyway, the long and the short of my request was that we be included in the planning area and that you designate us as the lowest density that you can to reflect the use that it is and that we be able to work with staff to mitigate what's going to be, in my view, some considerable impact between the property line of that mixed use commercial and the property lines of those very low density. My house is about 50 feet off of that property line. The other residence on my property where my father lives is about five feet off of that property line. In fact, if I came to you today you wouldn't allow us to build where it sits. That, if you were going to have very high density against what's, essentially, right now farms. We run cattle, sheep, goats, the rest. I don't think the commercial venture will care about us, but we are concerned about at least trying to mitigate the impact as that develops with our property. But that all having been said, we'd prefer to be in your planning area than to be either just left out entirely to be maybe the subject of a future land grab, if you will, or to be brought into Kuna, because we really identify more with Meridian and, again, we thought your planning process was well thought out and well executed. So, that's my testimony. De Weerd: Thank you, Eric. Any questions? Bird: I have none. De Weerd: I just have a comment. You know, I understand that Thursday night thing, because we have open houses on Tuesday night and I can never go to my kids' open houses. Exline: Yes. I understand. It seems like whatever night you pick, somebody can't get somewhere. De Weerd: Well, I thought it was a great opportunity to feel your pain. Exline: I appreciate that and appreciate the opportunity to come forward tonight. De Weerd: Thank you, Eric. Joshua Haws signed up for. Haws: Madam Mayor, Members of the City Council, my name is Joshua Haws. I live at 3700 East Columbia Road in Meridian. I identify with Meridian. I want to be part of Meridian. I am -- I want to commend your staff for being very attentive, being very organized. They did a very good job as they have gone through this process and been attentive to people's discussions and kept everybody up to date as far as I can tell. At least they did for me. I'll be brief. I recommend -- I'm in the southeast corner there and • • Meridian City Council February 19, 2008 Page 45 of 75 would be included in the area of impact expansion and I -- I am for the area -- for this plan being adopted and passed tonight. I hope that the county will follow suit and make it happen. Thank you. De Weerd: Thank you. Gordon Croft signed up against. Croft: Madam Mayor, City Council, I have made these comments some time ago at one of the other hearings, Iguess I -- De Weerd: If you can just first state your name and address, please. Croft: Gordon Croft. 5220 Howry Lane, Meridian. De Weerd: Thank you. Croft: Apparently this pointer doesn't -- De Weerd: Sir, I have one right here if you'd like to use it. Croft: Thank you. I reside approximately right here on a 40 acre piece that's bordered by -- mainly on the east side by Rockhampton Subdivision, which is, basically, a medium density development. We -- we request that we possibly could be considered for medium density in our property, too, because of the ability to blend in with that other subdivision. The developers we have talked to have indicated it would be much better to have a medium density there, so that we can organize a development that would blend with the other subdivisions next to us. One thing that I noted, too, is this area right here, Iguess it's not a finalized situation, but that ground's supposed to be purchased for a middle school construction and on the plan here it's designated as medium density. So, there is a 40 there that's not going to be medium density if that school is developed and so that makes another reason I think that it would be logical for our property to be designated and the property, you know, possibly to the north of us, too, as medium density, so that that would accommodate the purposes of the school and that's just a thought I thought I would pass on. De Weerd: Thank you. Those are the names that signed up to testify. Is there any other testimony? Yes, ma'am. Bellage: Hello. My name Carrie Bellage. I live at 2465 Westminster Lane in Boise. We own 40 acres right in this area here. I guess I would just like to say that I haven't really been able to confirm. It says that we are in the future planning area. Does that mean we are in the area of impact or are we now out of the area of impact? De Weerd: You are continuing to be in the area of impact. They just don't have a designation for the area yet. • Meridian City Council February 19, 2008 Page 46 of 75 Bellage: Okay. Thank you very much. De Weerd: Thank you. Friedman: Madam Mayor, Council Members, respectfully, what we -- De Weerd: Did I misinform her? Bird: Yeah. Friedman: No. It just needs a little clarification. De Weerd: That was politically correct. Friedman: What you have before you -- where we have the Comprehensive Plan land use designation, those are the colors, if you will. Those would be areas that would be considered for request to Ada County for incorporation into a future area of impact for city. The planning referral area is just that, it's a future planning area. That means to say that right now that would be an area that we would not contemplate requesting Ada County to extend our area of impact to, but it's an area that we would come back and revisit at some point in the future to apply a color to the map, if you will, to, then, lay the basis for another area of impact expansion request to the county. And for various reasons, the Planning and Zoning Commission and the staff have said it's just -- now is just not the right time, it just seems a little premature. It's not cast in stone. I mean this is not forever. Our Comprehensive Plan was adopted in 2002 and heavens knows we have certainly done a number of amendments to that plan since that time. So, what the recommendation really coming forward is to say it still is an area that we view as someplace that we want to go in and look at in the future in terms of the land use and the future planning, but just not at this moment. De Weerd: Thank you. No, we had always thought that that line was part of the area of impact, so -- Canning: Madam Mayor, Members of the Council, it was part of your initial area of city impact request with Ada County in the 1990s, but they did not include it in the area of city impact, they included it as a referral area -- De Weerd: Okay. Canning: -- in that document. De Weerd: Thank you. So, that request doesn't change. i Meridian City Council February 19, 2008 Page 47 of 75 Canning: Correct. De Weerd: Did that answer your question? Rountree: She's more confused. De Weerd: Ma'am, if you will -- ~J Bellage: I'm sorry. If this plan is approved tonight, would the answer be, yes, we are in the area of impact or, no, we are not? De Weerd: No, you are not. You're in a referral area that indicates that would be a future planning area. Bellage: Okay. Rountree: Your status doesn't change. De Weerd: Which is what you are in right now. Bellage: Thank you for the clarification. We had written a letter and it still wasn't clarified with a letter, so I'm glad to get it clarified, although at this point I guess we would be against the plan, as we would like to be included as even if it was a low density, we would like to be included in the plan at this time. De Weerd: Okay. Thank you. Is there any further testimony? Armstrong: Madam Mayor, City Council, my name is Jerry Armstrong, I'm the vice- president of planning and land development for Provident Development Group, located at 701 South Allen Street in Meridian, Idaho. De Weerd: Thank you. Armstrong: And (submitted aletter -- or we submitted a letter in October of this year to Planning and Zoning and City Council. Basically, our request is that we have made a substantial investment in about 226 acres that are located right in here in Meridian, based on your current Comprehensive Plan, which was adopted October 10th of 2006, which was just less than a year and a half ago with a positive recommendation from your Planning and Zoning Commission and it was approved as an amendment. Part of that amendment we had a substantial amount of land that's located right here at the half mile section. As a matter of fact, we put in this half mile collector road. With this change what happens is we lose this northern part of our medium density, which is a little over half of our property, from the medium density designation. So, we strongly oppose the decrease in density and request that the city maintain the density that was Meridian City Council February 19, 2008 Page 48 of 75 L granted to our property just a little over a year ago. So, that's where we are on that issue. Thank you for your time. De Weerd: Thank you. Okay. Anything further? Turnbull: Madam Mayor, Members of the Council, my name is David Turnbull, Brighton Corporation. Office address is 12601 West Explorer Drive in Boise. I'd like to thank the staff for their presentation and just indicate that our property in this area, too, was approved back 2006 with a Comprehensive Plan amendment. After that time I think it was at the -- probably the impetus of the south Meridian transportation plan that ACHD was conducting and staff and the city's desire to kind of get the two blended together, that they came back to us and asked if we would be willing to consider some modifications to the plan as respects to our property and so we worked pretty closely with staff through that process and I think that we have come to a point of agreement. We have, as mentioned by Pete, worked on some definitions for the text amendment for the definition of mixed use regional that I think satisfies the concerns of the city, as well as us as property owners. I think that there is still some work with the south Meridian transportation plan that has to be addressed. I think the presentation which you received tonight in the pre-Council meeting suggested that they are looking at some different alternatives out in that area and I guess our only suggestion at this point is that the treatment of Lake Hazel is going to be pretty important, because we own property on all four quadrants of that intersection of Locust Grove and Lake Hazel and we want to maintain that -- we want to maintain the transportation system, but also look at innovative ways to not split that property into four non-traversible corridors that -- and the mixed use -- or, excuse me, the neighborhood center that's designated on that corner would probably be rendered unworkable if that's not treated properly. So, we have been researching innovative intersection designs and street sections and we will continue to do so and work with ACHD and your staff, but with that I'd stand for any questions that indicate that we are supportive of staffs recommendation in the Planning and Zoning Commission recommendation to City Council. Thank you. De Weerd: Thank you. Any questions? No? Thank you. Any further testimony? Okay. Pete? Friedman: Madam Mayor, Council Members, just as a final point in response to Mr. Armstrong's comments and their -- their comments were passed onto the Planning and Zoning Commission. Clearly we recognize that what the southeast Meridian plan amendment was back in 2006. One of the basis for that recommendation was to actually start pulling some of that density down closer to Lake Hazel in the future transit corridors and, then, also we were trying to reduce overall density in the planning area based on the concerns from ACHD in the traffic modeling that had occurred while we were involved in the planning process. So, that was the rationale for reducing the scope of density on a portion of the property that Mr. Armstrong was alluding to. Meridian City Council February 19, 2008 Page 49 of 75 De Weerd: Okay. Council, is there further questions or information needed? Rountree: Madam Mayor, I guess I would like staff to address a couple of the comments that have been made, one, the comments of Mr. Bentley and Mr. Croft, in particular, and Mrs. Gruba. Canning: Madam Mayor, Members of the Council, let's see, can we go north to south, perhaps? Rountree: I don't care. Cover the -- Canning: With regard to the Tasa ownerships, staff is supportive of having those properties that take access from Tasa have a commercial designation. It's currently what their -- it's their current designation on the Comp plan. We would support that change. At the time we recommended the residential we didn't know that they would be taking access through a commercial development. We thought they would be coming through large lot residential. De Weerd: Anna, I guess my question is why commercial? You know, commercial is not necessarily employment, and would a commercial use -- I guess if you look at the uses, does continue to make sense or an -- Canning: Madam Mayor, Members of the Council, the lots are one acre. They will be stripped out -- they are going to be tough for folks to develop as a large site. It will be -- it will be pretty long and linear, which tends to suit itself better to commercial development. The commercial designation is your most flexible as far as what folks would be able to do as far as nonresidential development. It even allows apartment buildings, but I don't think you're going to see those there. With regard to buffering to the adjoining uses, you have got a really steep hillside that's going to provide that necessary buffer. I don't think you will get a lot of retail uses back there, just because of the access issues. You're going to have to come all the way down Ten Mile, back up the realigned Overland, and through Mr. Jewett's development at the corner there, back underneath the freeway and, then, you're going to -- you're going to get back there. So, I think what you will probably see is a number of offices, maybe a church that actually might fit in there well. Perhaps a hotel or a motel. But that commercial designation would seem to suit what those parcels will be able to provide. De Weerd: Thank you. Canning: Okay. Going a little bit further south to the Stetson Estates, that would be a big change to this plan as proposed. You would be adding -- to make any sense, you would basically be adding three-quarters of a mile of more development. The ability to sewer those properties is questionable. The owners would like to do five acre lots. That's not something we have ever heard that Council was particularly interested in u Meridian City Council February 19, 2008 Page 50 of 75 encouraging, in general, for the City of Meridian. We tentatively proposed that as part of that first step recommendation that had the very very low -- very low density residential. It got very mixed reception from folks. Most folks didn't want it, they wanted to have urban style densities, so those are the comments I would provide on that. It doesn't seem to fit in easily into this plan or with the urban -- urban density residential development. Did you want to comment -- Rountree: Let me follow up on that. De Weerd: Okay. Rountree: Anna, if that's the case, that that's the rationale of including that -- the lots that are already adjacent to are part of that one ownership in our impact area -- Canning: They are already in. Rountree: They already are in. Canning: We only -- yes. We only kept in what was already in. Rountree: And are they served by services at this point or just -- Canning: No, they are not. Rountree: -- an impact area? Canning: They are individual septic and well. Rountree: If I might explorer that, then. The potential of five acres in that area could very well be a planned community type of affair that we have discussed in the past that we could work with the county that if they were to be approved we could ultimately provide services at point in time -- Canning: Yes. Rountree: -- and not necessarily ever be in the city. Canning: Yes, sir. Rountree: Okay. Canning: Moving to -- moving to Mr. Exline's property. We were -- we thought we were doing what Mr. Exline wanted us to do. Low density is fine also. You do have low density adjoining the mixed use regional right up here that's a nonfarm just to the north Meridian City Council February 19, 2008 Page 51 of 75 of that northeast corner. That could certainly work here. It's a small parcel, it's going to be difficult to transition and we will have to be very sensitive to those neighbors as those properties come in for annexation. Croft and Hubble are the same issue and -- and Pete spoke to this a little bit. What we were trying to do -- this area is not part of Communities In Motion. I'll back up to those other regional plans. This is all new. Communities In Motion, the Compass staff, has generally not been supportive of our -- of development in this area, even though we have kept on reiterating we needed some density when they were developing Communities In Motion. But, nevertheless, it's not shown as development potential in Communities In Motion. What we have tried to do, though, is to make it transit supportive, so that it is consistent with Communities In Motion and so what we have done is we have a neighborhood center where we have commercial services. We have medium density residential. We have high density residential and we have medium high density residential. And we have really tried to locate those along that Lake Hazel corridor so it can be transit supportive. You have the node at the intersection of Locust Grove and Lake Hazel and, then, we had another kind of node, more intense development right at our -- as you enter the city coming from the city of Boise through Rockhampton and that's why the low density designations got on both of those properties is we were trying to pull that density toward Lake Hazel and leave the -- up to three units per acre in these areas. I suspect that Rockhampton is not much over three units to the acre. It's probably very similar as far as Mr. Croft's property. He has -- the property just to the north of him has quite a bit of parcelization on it, so there is some question as to how effectively that would develop out at medium density residential. That was our justification for the way it's shown now. And I think those were all the comments. Borton: Madam Mayor? De Weerd: Yes. Borton: A quick question and, then, afollow-up question. What's that portion right there that's designated public/quasi-public? Canning: It's a golf course. Bird: That's the Ranch. Rountree: Boise Ranch. Borton: I don't golf enough. The other question -- maybe it's not a question. It's just a comment. I'm particularly sensitive to what Mr. Armstrong has referenced with regards to changes in the Comp Plan and, you know, we try not to make changes frequently and want our landowners to rely on these when they are making their decisions, so -- Canning: Well, if I might address that, yeah. Meridian City Council February 19, 2008 Page 52 of 75 Borton: They continue to come in and -- Canning: Well, when that south Meridian -- the developer initiated south Meridian plan came in, we were already underway or soon underway -- we had the monies budgeted, we knew we were going to do the south Meridian plan, and we discussed with them at length that this was not -- that we would be reevaluating this and they'd need to kind of work with us on that reevaluation. So, I mean it's a fair criticism, I'll grant that, but they were duly warned as well, because we were taking on a much larger participation effort with -- with all the parties that we did involve. They do still have an active application, so they are vested with the Comprehensive Plan that was in place when they submitted their application. Borton: Okay. Thanks, Anna. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, to kind of follow up on Joe, I can't figure out -- I think Amity is going to be more of a corridor than Lake Hazel, because if you're going from the length over into Canyon County and stuff and I know plans are being made to put maybe a couple three roundabouts on Amity, I can't figure out why we have the low density close to it and, then, push everything off on Lake Hazel. I don't see Lake Hazel getting busy as Amity or being the corridor that Amity is going to be, I think. Canning: Madam Mayor, Members of the Council, Councilmember Bird, if I could discuss that a bit. You will remember in the presentation by Andy earlier -- Bird: Yeah. Canning: His last name just escaped me. I'm sorry. Mortensen. Mr. Mortensen. That's right. There is currently the -- Communities In Motion designates two cross- county connections, one on Lake Hazel and one on Amity and one of the questions is which one is most appropriate. We did have a Comprehensive Plan amendment that already had a neighborhood center located on Lake Hazel. We stuck with that theme of pulling those -- those kind of type of transit supported uses down to Lake Hazel. I know Council would have been concerned had we put high density and medium high density on both Amity and Lake Hazel and it would have been more units than the area could probably handle as well. So, we did go with the Lake Hazel one. If Amity becomes a mobility corridor, those mobility corridors have fairly strict access regulations that may be more appropriate to turn the residential subdivisions to the back of those and have them access internally and let Lake Hazel serve as more of a community street or subregional. Meridian City Council February 19, 2008 Page 53 of 75 Bird: Follow up, Madam Mayor? De Weerd: Yes. i Bird: Just an observation. If I remember right, Lake Hazel sits up quite a bit higher -- the ground sits up quite a bit higher and to me that would be where your larger homes, bigger lots would be than down in the valley that Amity is. That's just an observation of mine. Because once you -- once you start up about a quarter mile north of Lake Hazel, you gain a little bit of elevation -- in fact, quite a bit of elevation. Canning: Madam Mayor, Members of the Council, Pete's informed me also that as you come off of Ten Mile, the -- Amity is a transit corridor up to Meridian, but, then, it drops and it goes to Lake Hazel as you go further east. De Weerd: And I think that is the concern for the circle there on Lake Hazel. Canning: The concern for the circle is the mobility corridor issue, not the transit corridor, I think. De Weerd: Okay. Is the south Meridian transportation plan -- is that kind of coinciding with the TLIP exercise, is that the status of it? Friedman: Madam Mayor, Council Members, Craig Herndon, who is the project manager for the south Meridian traffic study, is in the audience and perhaps he could shed some light on that. Sorry, Craig. De Weerd: You can thank him later. Herndon: Madam Mayor, Councilmen, Craig Herndon with Ada County Highway District. 3775 Adams Street, Garden City, Idaho. 83714. To answer the question, Madam Mayor, on the south Meridian study, initially when the study was started and even completed, there weren't definite recommendations yet from TLIP. We left that sort of in a position where we could go back and update or make changes to that once recommendations from TLIP came about. De Weerd: Okay. So, you do have a transportation plan at this point. Herndon: We do. But one of the unfortunate issues that we are facing right now is our transportation plan is based on the revised staff land use -- the second map that Pete had showed you and we are up to the fourth one now. So, there has been some changes within that that we need to determine what those land use changes will have on what the transportation study determined, which we will do at the same time we are trying to update with TLIP stuff. So, we haven't adopted it yet. It's sitting there, there is Meridian City Council February 19, 2008 Page 54 of 75 a report on the shelf, but we are waiting for TLIP and a decision on this to, then, be able to move forward, so that we can coincide what we started out to work closely with Meridian city staff on the transportation plan with the land use that was determined, so -- De Weerd: We appreciate that. Okay. Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. That was painless; right? Okay. Council, any information still pending? Rountree: I have none. De Weerd: Staff, anything further? No? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we close the public hearings on CPA 07-002 and CPA 07-009. Bird: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Items 15 and 16. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Any discussion? Council, I guess I would just make a general comment. I, too, was involved in a lot of the public participation and I think that I appreciated Eric's comments, because I believe that the residents -- the property owners out there were given a lot of respect in what their desires were and it started out pretty contentious and staff dealt respectfully, gave every opportunity for public comment. The meetings were very well attended and working with our transportation agencies and trying to tie a plan with a road infrastructure is the right thing to do and so, Matt and Pete, I -- and Anna and all of those others who spent volunteer hours, countless time, I would like to thank you. It was a great process, very well attended, and since I was also on the a-mail distribution list, there was great follow up. Every time something else came up you made every effort to keep people in the loop of information. Greatly appreciated. Okay. Comments from Council? Any discussion? Rountree: Madam Mayor, I -- on process. We have this before us for consideration and approval and advancing it; is that correct? Meridian City Council February 19, 2008 Page 55 of 75 Friedman: That's correct. Rountree: Okay. If we do make recommended changes in what we have seen this evening, does that require yet another hearing or can we move forward with that? Friedman: Madam Mayor -- Madam Mayor, Council Members, unless Mr. Nary has something else to say, I think you could make changes tonight. It's been an advertised Public Hearing. Rountree: Madam Mayor, just a comment. Having been through these processes several times -- and not to put lightly of any of the testimony we received this evening, but, apparently, we have had as many as 400 folks involved in this process and this evening we have people who yet still want to be part of Meridian's impact area and those folks with objections are objecting primarily as to the classification of the density of the land that would be -- or the type of use that would be included in our impact area. So, I think all of you and staff need -- and it's justified that you get some kind of an award and all I can say is thank you. But, you know, it's a tremendous thing that you have been through, everybody that's been involved in that, and I think the outcome that has been in my mind seems quite favorable. I can see where I could go with a couple of recommended changes here, but in total I think we have a good place to start the next phase of the process and that's to start working with Ada County. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: When we get to talk about recommended changes, I would like to make the Tasa Drive one part of them that that be designated commercial. That's the one along the future off ramp of the Ten Mile interchange. As for the other groups that were in the past, a medium density and -- and this study has suggested that they be low density, I would comment that our Comprehensive Plan allows for a step up or a step down when they actually make their application. So, even designating it as low density does not preclude an application for a medium density project. Am I correct in that? I see heads nodding yes. Friedman: Yes. That's correct. Although mostly it's up. It's hardly ever down. De Weerd: Although I know a couple of Councilmen would love the down. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council February 19, 2008 Page 56 of 75 Borton: I'm going to float something out there. De Weerd: Okay. Borton: I'm going to move that we approve CUP 07-002, the Comprehensive Plan future land use map, specifically the staff response map, if I can call it that, with a couple of noted changes. One, the Tasa Lane property to the - re-designated as commercial, and the Cochran Estates - Exline piece that we made reference to, should be designated - re-designated back to low density residential. Rountree: I will second that. De Weerd: Okay. Discussion? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, Councilmember Borton, would you include in that that we return a resolution that reflects the approval? Borton: Oh. Thank you. Yes. Nary: Thank you. De Weerd: Okay. Any further discussion? Rountree: I have none. Bird: I have none. De Weerd: Okay. Ms. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. De Weerd: That was on Item 15. Item 16. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Meridian City Council February 19, 2008 Page 57 of 75 Rountree: Given our action on Item 15, I would move that we approve the CPA 07-009, Comprehensive Plan text amendment to reflect the motion for Item 15 with the appropriate definitions included in the plan amendment. De Weerd: Okay. Do I have a second? Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve Item 16 as stated. Any discussion? Canning: Madam Mayor, just for clarification, Councilmember Rountree, was that -- were you proposing any changes to the recommendation that's before you from the Planning Commission? For the text. Rountree: The recommended changes that you would have to address in the text that would reflect the changes that were made in Item 15. Canning: Okay. Zaremba: Second agrees. De Weerd: Okay. Any further discussion, Council? Ms. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. De Weerd: Okay. All ayes. MOTION CARRIED: ALL AYES. De Weerd: Council, do you need a five minute break? (Recess.) Item 17: Public Hearing: AZ 07-011 Request for Annexation and Zoning of 6.84 acres from RUT to an R-4 Medium Low-Density Residential zone for Belhaven Subdivision by Pole Creek Properties, Inc. - 5230 North Black Cat Road: Item 18: Public Hearing: PP 07-016 Request for Preliminary Plat approval for 16 single-family residential lots and 5 common lots on 6.84 acres in a proposed R-4 zone for Belhaven Subdivision by Pole Creek Properties, Inc. - 5230 North Black Cat Road: • Meridian City Council February 19, 2008 Page 58 of 75 De Weerd: I will go ahead and call this meeting back to order. We are at Item 17 and 18, public hearings on AZ 07-011 and PP 07-016. I will open these public hearings with staff comments. Borton: Madam Mayor? De Weerd: Yes. Borton: I'm going to recuse myself because of a conflict. De Weerd: Okey dokey. Canning: Madam Mayor, Members of the Council, this is the Belhaven project. It's located at 5130 North Black Cat Road. It's the blue outlined parcel there. A little difficult to see. There you go. The highlights -- or the applications before you tonight are annexation and zoning and preliminary plat. The applicant is requesting approval to annex and zone the subject property at R-4 zone and plat the property with 16 single family residential building lots and five common area lots, on 6.84 acres. The gross residential density is 2.34 units per acre and the net density is 3.99 units per acre. The lot sizes range from 8,077 square feet to 14,454 square feet. The Comp Plan designation is medium density residential. Just as a note of previous actions, there is a one acre outparcel. It is a legally created one acre division in Ada County that existed prior to 1984 and they recently did a property boundary adjustment to enlarge that lot to about 1.45 acres, just in case you wonder why there is an outparcel. We do have some elevations for you tonight and staff is recommending -- or Planning Commission also recommended some develop agreement provisions. Those would be that the developer should construct homes on the site that are in substantial compliance with elevations before you right now. And the applicant should construct homes on the site that contain the following design features: Gable roof lines facing the street. Shutters. Substantial pillars with substantial bases, accented with bricks/stone and covered porch areas. The second provision would be that a minimum of four single family building types shall be submitted to allow for a diverse mix of floor plans and elevation variety within the proposed development. The Planning and Zoning Commission recommended approval at their December 20th, 2007, Public Hearing. Shawn Nickel spoke in favor as the applicant's representative. No one spoke in opposition. Paul Poorman commented and there was no written testimony. Key issues of discussion by the Commission were the perimeter fencing for the development. Mitigation for the existing mature trees on the site. Stubbing city services to the Poorman property. That's the one acre parcel. Removal of the existing septic tank drain field on the subject site and relocating the drain field on the Poorman's property. The location of the required trees outside the Settlers Canal easement. And, then, compatibility and connectivity with the Volterra Subdivision to the north. Key Commission changes to staffs recommendation were they modified a condition to require that if four mature existing trees are not retained on ~ ~ Meridian City Council February 19, 2008 Page 59 of 75 each lot, the developer will mitigate those four trees with six two inch caliper trees. There is a substantial number of trees on this property and so, basically, what was required was to leave four mature trees on each site. The outstanding issues for City Council -- from staff's perspective there are none. I think there still may be a question about the septic drain field. Gale Poorman is here tonight and can discuss that if we need to. And with that I'll answer any questions you may have. De Weerd: Thank you, Anna. Council, any questions at this point? Bird: No. Rountree: None. De Weerd: Okay. Nickel: Thank you, Madam Mayor and Council Members. Shawn Nickel, 6223 Discovery Way, Suite 200, Boise, here tonight representing Pole Creek and I'm not going to add to anything staff had to say regarding the configuration of the subdivision. I did provide you with kind of how this property lines up in regards to the Volterra Subdivision. That's that first sheet that I gave you. The second sheet shows kind of how this property is kind of filling out that -- kind of that south, southwest corner of Volterra and how it aligns with the rest of the preliminary plat approved properties out in that area. So, I thought that was appropriate to show you. That -- we have gone through a lot of changes on this little piece of property, working with the neighboring property owners and working with staff. This was an old tree farm, so there was a substantial number of lots -- or of trees on the property that we had to consider, in addition to the stub street from Volterra to the north and the street that we provided along the south boundary that will provide future development potential for those five acre parcels that are south of this property. I don't have anything further to add. If you guys want to ask me questions, I will be sure to address those. Thank you very much. De Weerd: Thank you, Shawn. Council, any questions? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Maybe it's just a placement in making the copies, but in the thing that you did hand to us on the top page, the stub street doesn't appear to align. Is that just a copying error or do they not align? Meridian City Council February 19, 2008 Page 60 of 75 Nickel: Yeah. No. My scale's a little off on my -- on my pretty picture, but, yes, they will align. Zaremba: In reality they will align? Nickel: Yeah. Zaremba: Okay. Nickel: I can guarantee it. De Weerd: Okay. Anything further, Council? Rountree: Madam Mayor? De Weerd: Yes. Rountree: And, again, it may be differing scales of the two, but the melding of these with your common lot -- or your landscape lot on Black Cat doesn't appear to line up with the common lot or landscape lot that's in Volterra. So, we have a sidewalk situation here that's very similar to what we have on Ten Mile, that you walk down the road and the sidewalk disappears and you step over five feet and there is sidewalk and away you go. So, is that what's going to happen here or is there some attempt to try to make those contiguous? Nickel: No. We are definitely going to have a continuous sidewalk. Again, I'm going to fire my drafter immediately after the meeting. Rountree: So, we are looking at different scales here? Nickel: Yes. Rountree: Okay. Nickel: Sorry about that. De Weerd: Thank you, Shawn. I do have Gale signed up to testify. If you would like to come forward. Poorman: Madam Mayor and Honorable Members of the City Council, my name is Gale Poorman. I reside at 5230 North Black Cat Road. My husband and I are the former owners of the land being considered for this Belhaven Subdivision. We had a tree farm on this land and I would like to express my appreciation to Don Roberts as he has been very considerate of us and included us in his planning process. He knows Meridian City Council February 19, 2008 Page 61 of 75 • that the -- that our love of this land goes as deep as the roots we planted there 25 years ago. He has expressed an interest in preserving as many of the trees on the property as we can, as well as trying to preserve some of the open space in a community common lot and we appreciate that. However, many of our neighbors are not happy with our having sold our land for development. Many have worked the land for decades and are sorry to see the development come. We all like our rural lifestyle and we have - - as we have in western Ada County and we are all concerned that urban sprawl will only bring more traffic congestion and noise to our country -- quiet country life. Currently there is a piece of legislation in the Idaho legislature that would preserve working farms and ranches and enable people to stay on their land as an alternative to selling out for development. I believe as more and more people come to Idaho this kind of open space preservation will help insure that future generations can enjoy something of the Idaho that we all know and love today. As planners of our community and as you consider new developments, I hope that you will try to keep in mind the importance of open spaces, tree, and playgrounds for our children and for our quality of life. These things help us to keep our connections to the land and make us better stewards of it, for as the song goes, pave paradise, put in a parking lot. We all stand to lose much. And I thank you for listening to my comments. De Weerd: Thank you. Is there any further testimony? Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Shawn, any final comments? Okay. If there is no further testimony or comments from the applicant or staff, Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the public hearings on Items 17 and 18. Bird: Second. De Weerd: I have a motion and a second to close the Public Hearing on Items 17 and 18. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE RECUSED. Rountree: Madam Mayor? De Weerd: Mr. Rountree. • • Meridian City Council February 19, 2008 Page 62 of 75 Rountree: I move that we approve Item 17, AZ 07-011 -- and is the DA included in the annexation, Anna? And that the annexation include a DA with the provisions as outlined in the planning administrator's report. Bird: Second. De Weerd: I have a motion and a second to approve Item 17. Any discussion? Okay. Ms. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, recused. MOTION CARRIED: THREE AYES. ONE RECUSED. De Weerd: Okay. Item 18. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 18, PP 07-016, preliminary plat, including all staff and applicant's comments. Bird: Second. De Weerd: I have a motion and a second to approve Item 18. If there is no discussion, Ms. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, recused. MOTION CARRIED: THREE AYES. ONE RECUSED. Item 19: Public Hearing: AZ 07-018 Request for Annexation and Zoning of 9.764 acres from RUT to C-C zone for Settler's Square Subdivision by Seagle Three, LLC - 870 West Ustick Road: Item 20: Public Hearing: PP 07-024 Request fora Preliminary Plat with 12 commercial building lots and 2 common lots on 9.764 acres in a proposed C-C zone for Settler's Square Subdivision by Seagle Three, LLC - 870 West Ustick Road: De Weerd: Okay. Items 19 and 20 has been requested to continue to March 4th. Bird: Do you want to open the Public Hearings first? • • Meridian City Council February 19, 2008 Page 63 of 75 De Weerd: Yeah. And I will go ahead and open the Public Hearing on AZ 07-018 and PP 07-024. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue public hearings AZ 07-018 and PP 07-024 until March 4th, 2008. Rountree: Second. Zaremba: Second. De Weerd: Okay. There is a motion and a second. For the record, please, note that Mr. Borton has returned. So, all those in favor please say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 21: Public Hearing: Proposed Fee Increase for Planning Department: De Weerd: Okay. Item 21 is a Public Hearing on the proposed fee increase for the Planning Department. Anna. Canning: Madam Mayor, Members of the Council, I did notify the Building Contractors Association that this was on -- scheduled for Public Hearing for this date, but I probably did that in December and I think it's escaped their radar, because we don't have a letter from them, nor are they present tonight. So, I would suggest that given the late hour and that you have a number of items still to attend to tonight, that we continue this to March 14, if there is room on that agenda. I'm not sure what that agenda looks like, actually, but -- Rountree: Well, I will tell you. Bird: While Councilman Rountree is looking it up, Anna, I want to compliment you for going back and getting what we asked you on the comparisons and everything on your fees. Thank you very much. You did a great job. Canning: Councilmember Bird, I would like to take credit for having done that since the last time I talked to you, but, actually, that was in the original packet and I was supposed to follow up in a little more detail on some of those things and I have to admit I -- I forgot and, then, I ran out of time, so -- • Meridian City Council February 19, 2008 Page 64 of 75 Bird: Well, Ididn't -- I didn't realize that. I know this was in there and I didn't look close enough to see that that is the true. But, anyway, I compliment you. Canning: I will try and do a little more research, if you continue this item. Bird: I need to open my eyes better. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I would move that would continue the Public Hearing for Item 21 until February 26th and have the planning administrator notify Building Contractors that we have done that specifically for them. Bird: Second. De Weerd: Okay. I have a motion and a second. Any discussion. Oh. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Item 22: Ordinance No. AZ 07-006 Request for Annexation and Zoning of 94.69 acres from RUT to a C-G zone for Pinebridge by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road & RZ 07-010 Request for a Rezone of 75.67 acres from I-L and L-O zones to a C-G zone for Pinebridge by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: Item 23: Ordinance No. 08-1348 AZ 07-014 Request for Annexation and Zoning of 7.55 acres from RUT and R1 to a C-C zone for Woodland S rin s by Morgan Development -Northeast Corner of McMillan Road and Locust Grove Road: Item 24: Ordinance No. 08-1349 AZ 07-017 Request for Annexation and Zoning of 40.4 acres from RUT to C-C zone (21.3 acres), R-8 zone (6.27 acres) and R-2 (12.87 acres) for Three Corners by David Dean - 6380 North Locust Grove Road: Item 25: Ordinance No. 08-1350 RZ 07-016 Request for Rezone of 3.66 acres from R-15 zone to TN-R zone for Gramercy Townhome u Meridian City Council February 19, 2008 Page 65 of 75 • Subdivision by Tuscany Development, Inc. -south of E. Overland Road and west of South Eagle Road: De Weerd: Items 22, 23, 24, and 25 are ordinances 08-1348, 08-1349, 08-1350, and 08-1351. Madam Clerk, will you, please, read these ordinances by title only. Holman: Madam Mayor, do you want me to do all four of them in a row or just do one? De Weerd: All four in a row. Holman: Okay. City of Meridian Ordinance No. 08-1348, an ordinance AZ 07-006 and RZ 07-010, Pinebridge Subdivision, for annexation and rezoning of a parcel of land being a portion of the northwest quarter, the north half of the southeast quarter and the north half of the southwest quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said land from R-1 and RUT, Ada County, and I-L, light industrial district, to C-G, general retail and service commercial district, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Holman: City of Meridian Ordinance No. 08-1349, an ordinance finding that Tuscany Development, Inc., the owner of certain real property, has made a written request for rezone of the zoning classification RZ 07-016, Gramercy Townhomes, for real property being a parcel of land located in the northwest half of the northeast quarter of Section 20, Township 3 North, Range 1 East, of the Boise Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and territories situated in Ada County, Idaho, and within the corporate limits of the City of Meridian, and rezoning the land use zoning classification of said land from R-15, medium high density residential district, to TN-R, traditional neighborhood residential district in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Holman: You know, I think I might have just read the wrong one. Attachment 22 was right. I think I attached them all together. I apologize. Okay. So -- how do I do this, just re-read -- I did number 22 and, then, I skipped to number --just read the other two? Bird: Just go ahead. It won't hurt nothing. Meridian City Council February 19, 2008 Page 66 of 75 Holman: Okay. Sorry. Does it matter if they are out of order, then, because this is one fine. I will just put this with -- Bird: Heavens, no. Just make sure you got the right number. Holman: Okay. I got it. Okay. City of Meridian Ordinance No. 08-1350, an ordinance AZ 07-014, Woodland Springs for annexation of a parcel of land being part of the southwest one quarter of the southwest one quarter of Section 29, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT and R-1, Ada County, to C-N, neighborhood business district, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Holman: Okay. Ordinance No. 08-1351, an ordinance AZ 07-017, Three Corners Subdivision for annexation of a parcel of land located in the north half of the northwest -- northwest quarter of Section 29, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT, Ada County, to C-C, community business district, R-8, medium density residential district, R-2, low density residential district, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: Just to note, Madam Clerk, that AZ 07-017 is 08-1350. And, then, the 1351 is RZ 07-016. And that's Gramercy Townhouse Subdivision. Holman: Let me make sure I have this straight. Could you -- I'm sorry, I got that one out of order, so -- okay. Ordinance AZ 07-006 is City of Meridian Ordinance No. 08- 1348. De Weerd: Correct. Holman: Okay. And, then, Ordinance AZ 07-014 is 08-1350? Meridian City Council February 19, 2008 Page 67 of 75 De Weerd: 1349. Bird: 49. Holman: 1349. That's what I did wrong. Okay. And, then, Ordinance No. 08-1350 is AZ 07-017? De Weerd: Yes. Holman: Okay. And, then, AZ -- oh, the Tuscany Development is the 08-1351? De Weerd: No. That's Gramercy. Bird: Gramercy. Rountree: Gramercy. Holman: By Tuscany. Bird: By Tuscany. Yeah. You're right. Holman: And that's 1349; correct? De Weerd: 1351. Holman: One three -- I'm sorry. 1351. Okay. I think I have got them right now. Bird: She's read them all, hasn't she? De Weerd: Yes. Bird: Madam Mayor -- De Weerd: Now, I still have to say my little bit. You have heard these read by title only. Is there anyone who would like to hear them read in their entirety? No, I don't see anyone. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If they did they can read them. Hand them to them. I move that we approve ordinances 08-1348, 08-1349, 08-1350, 08-1351, with suspension of rules. Meridian City Council February 19, 2008 Page 68 of 75 Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the ordinances in 22, 23, 24, and 25. If there is no discussion Ms. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 26: Executive Session per Idaho State Code 67-2345(1)(fl - (to consider and advise its legal representatives in pending litigation): De Weerd: Okay. Item 26 is an Executive Session per Idaho State Code 65-2345(1)(f) and probably whatever -- Bird: Madam Mayor? De Weerd: Yes. Bird: Can we do 9 and 10 before we go into that, with your permission, so they don't have to sit through it, or do we need to -- Nary: We are going to talk about it there, too? Bird: Huh? Nary: We are going to talk about it there, too. Bird: Okay. Madam Mayor? De Weerd: Mr. Bird. Bird: Move we go into Executive Session as per Idaho State Code 67-2345(1)(f). Rountree: Second. De Weerd: Okay. I have a motion and a second to adjourn into Executive Session. Ms. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. i ~ Meridian City Council February 19, 2008 Page 69 of 75 EXECUTIVE SESSION: De Weerd: Okay Council I would entertain a motion to come out of executive session. Rountree: So moved. Bird: Second. De Weerd: All ayes motion carried. We're now on Item Number 9 and 10 Item 9: Tabled from February 1, 2008: Amendment to Bittercreek Agreement: Item 10: Tabled from February 1, 2008: Cooperative Construction and Reimbursement Agreement for Lift Station Force Main and Oversize Main for Bittercreek Meadows: Nary: Madam Mayor. De Weerd: Mr. Nary. Nary: Madam Mayor Members of the Council in your direction Mr. Barry and myself met with Mr. Jewett and Mr. Brown regarding the Bittercreek Meadows Agreements and I think what the direction we had was based on the original agreement that the city had from 2006 one of the requirements in that agreement was that the city would construct a lift station at a point in the future of which that point is in dispute. If we were to go back to those requirements and that agreement regarding the well and the taking over of the well property and the lift station construction as outlined what else does that leave out on the table? What other damages, claims exist from that? So what we discussed with Mr. Jewett and after I recite these maybe Mr. Jewett can give you his either concurrence wit them or disagreement with them. What we discussed is essentially six things. One of them was fire flow. There was still an outstanding issue of fire flow for to be able to serve the houses that are currently built out there as well as future houses based on the only single source of water that exists on the site. The discussion has been on the potential cost of upgrading that well to meet the fire flow requirements that are necessary or some other alternative to meet the fire flow requirements. There was an issue regarding power. There is additional power that was brought to the site to be able to provide adequate power sources for a regional size lift station. There's an ongoing dispute on what the - whether a regional size and what does that specifically mean how large a lift station has to be built out there but there was some additional cost that was incurred to provide power to that site to be able to generate power for a regional lift station. There is a cost for over sizing and I'll probably get some of these terms wrong but over sizing the trunk main from what's required to serve the 24 homes in Bittercreek Meadows today and what may be required to serve a regional lift station. • • Meridian City Council February 19, 2008 Page 70 of 75 There is some pipe sizing requirement. That currently hasn't been built yet. Plans are engineered but if the city is going to contemplate in the future then maybe there is a cost that has to be incurred either in the future through hookup fees or something else. Primarily Mr. Jewett's concern was on timing. There is some belief on Mr. Jewett's part that there was a commitment of some sort from the city that a lift station of some size would be built some time last year so in April or so of 2007. That wasn't accomplished. Mr. Jewett had to use some of the property in that area to put lagoons on to serve the sewer needs for that area and those lagoons are still in operation today. There was some dispute over again some completion dates those weren't met. The houses on the site had to have some biomicrobrial tanks installed for use with the lagoons out there and the septic systems that exist on the site. We discussed in addition to those four things we also discussed some perceived claims or potential claims that still may exist for Mr. Jewett. What we ended up with is if we looked at a lift station of an adequate size to serve approximately 50 homes so not necessarily a regional lift station but a lift station slightly larger than what is currently on the ground and approved today than what we would be looking at is then the potential for Mr. Jewett to then at the same time conjunction with us building the lift station the city, he would be building water lines from a water source to be able to serve this same property. That water source then would be coming from offsite. Mr. Jewett would pay for that cost. That could be recouped through hookup fees as well and then that would provide adequate redundancy for fire flow in this area and the hope was if the city was going to be building this lift station by the end of the year approximately of 2008 that these would be done at approximately the same time. Mr. Jewett was agreeable to basically relinquishing the issue of power because that's already been installed and it would be used in the future. We would still have to price out the cost with Mr. Barry's staffs' help on what this trunk size would necessarily have to be and if some of that was reimbursable to Mr. Jewett or if it's going to be reimbursed through hookup fees. The timing issue should be resolved if we get to resolution here. Then any additional claims Mr. Jewett would like the city to consider appraising the value of the two acres of ground in this area that are being used for the pond they can be reclaimed in the future and there is associated costs with that so there were cost to install the ponds as well as costs to reclaim the ponds they would have to be used in the future more amenity type of use rather than for building lots. They are not reusable for that type of purpose but if the city would consider compensation to Mr. Jewett for essentially the loss of use of that ground for building lots we would have to figure out what the value of that would be and we had discussed the potential of that being done through and appraisal of some sort. I think those are what we've discussed. Mr. Jewett may want to at least concur or tell me maybe I got something wrong here and then if we have any other information we want to put out on the record we certainly can. De Weerd: Mr. Jewett. Jewett: Jim Jewett. 1560 Carol Street in Meridian. I'm going to take them step by step if I could. So one the lift station I think that Mr. Nary mentioned 50 units. I think that • Meridian City Council February 19, 2008 Page 71 of 75 • what we were trying to say is an expandable system that would maybe service 50 units as the initial construction and as my property further develops it could be expanded within its own confines to be able to handle additional units. The reason for that and the reason that you know obviously that I would offer to extend the water main down from the north for that redundancy would be to further develop because that's unfortunately the solution is to spend more money to try to make some money to try to dig out of the hole if we want to call it that. Obviously market doesn't warrant a whole lot of development but some has to be done to turn some margin some cash flow to make everything flow. With that small correction I would agree with everything that Mr. Nary has said is what we talked about and find agreeable. Nary: And Council he is correct. The intent was that the construction of the lift station that we would be contemplating now would be one that would be serving approximately 50 homes but would have the ability for future hookup or future reimbursement agreement or some other future something else. Barry: Madam Mayor. De Weerd: Yes. agreement not tied to this one could be expanded to Barry: Members of the Council. I just wanted to add that the construction timeline here would likely need to be longer than the end of the year for the construction for both water and sewer if we're going to combine that simply because of the crossings under the canals and the time periods with which those crossings would be allowed. It probably seems more likely for us to look at a spring deadline say a year from now for example from a constructability standpoint with regard to the completion of both the water and the sewer lift station in lines. Does that make sense? Bird: Madam Mayor. Tom what canal do we have left to cross? Barry: There are two canals. I don't know the - Jewett: We have the Rawson which is closer to Amity and then we have the Calkins which is closer to Victory. They were crossed with the force main but we haven't been crossed for water mains and those would have to be in the center of the road. The crossings that they did for the force mains were on the edge of the road. Bird: Okay. Jewett: To further - a December 31St deadline is the dead of winter and also the dead of holiday season. It's just not a good day to have a termination as far as something being completed. You either need to be before that or after that. before that with the likelihood of being able to cross those canals anytime before October 15th of this year is • • Meridian City Council February 19, 2008 Page 72 of 75 unlikely so a mid November would only give us about a 30 day window at the beginning of when they would last do the last phase of work and that seems to be a bit tight. De Weerd: And I think that's what Tom indicated right? It is after midnight so I just wanted to verify that. Jewett: It's actually the 20th now De Weerd: Council any questions for either staff or Mr. Jewett? Bird: I do. Mr. Jewett where are you bringing the water from to up that line? What well are we bringing that from the one over in Bear Creek? Because we don't have a well down there in your South Ridge yet. Jewett: I believe there is - if I remember right there is a high pressure line that comes across at Linder and the freeway. That's where our water source is not from the Bear Creek. I think that's (inaudible). There is a waterline that you guys put under the freeway at Linder Road by Bodily RV. Bird: I wonder what well that is. Jewett: Whatever well is on the other side of the freeway. Bird: Well it would have to be on the north side? It must service that subdivision in there then. So in other words the waterline has got to come up through South Ridge and go down - Jewett: All the way up Overland. Borton: Madam Mayor. De Weerd: Yes Mr. Borton. Borton: So in light of what seems to be a somewhat meet of the minds is this to you Mr. Nary to draft it up and send it over and get her done? Nary: I believe so. I think there's obviously a few contingencies out there. The cost of the ground is there any other restrictions to the ground the two acres that are currently being used for the lagoons. The cost of the oversized main and what that's going to be. If again, we talked about this tonight. I don't know that all the engineering and modeling and all the necessary engineering mumbo jumbo is all done so I mean there may be still some other things but I think if we can conceptually can go forward with this direction I think my intent would be then to craft an agreement that basically replaces the existing agreement add this as an addendum so it is clear what the intent of the • Meridian City Council February 19, 2008 Page 73 of 75 parties are for both the (inaudible) of this lift station as well as the construction of the water lines and if there is some value to this ground. What contingencies if any are tied around that then we can bring that back. Jewett: Madam Mayor and Council. The clarification on the oversized -there is a - from my understanding is Public Works had JUB do a study a year and a half ago to determine what area would service into a potential regional lift station and through that study they determined one section of a line from the lift station to where we would connect in would have to be oversized to an 18 inch. I don't know if that's still the desire of the city but that's what was directed to us so that's what was put in the design was an oversize from and 8 to an 18. That's the over sizing. It's about a 300 foot section line. Barry: Madam Mayor. Just one other comment in drafting this agreement. I wanted to make sure the record reflected that Mr. Jewett, Mr. Nary and myself had discussed not only the construction of the water main but also there is the booster pump station that would be required in order for that water main to function and service the Bittercreek Meadow Subdivision so I just wanted the record to reflect that. also, there may be an opportunity to investigate and weigh whether or not a booster pump station is the best choice as opposed to the construction of a well instead of the booster pump station. We might want to have a look at that and if Mr. Jewett is agreeable to that we could have alook - I could have my staff have a look at that and then get back with Mr. Jewett and maybe the agreement might be reflective of that as opposed to a booster pump station but nevertheless the line would still need to be constructed. Jewett: As I told Tom earlier within South Ridge I have offered in the past a well site and that offer still stands. If we can choose a well site and the booster can be on the same site or the well could replace the need for the booster. That offer is still available we just need to pinpoint where it's going to be. De Weerd: So I guess the next step Mr. Nary that you would draft this up and it would stop being a moving target. Holman: Excuse me Madam Mayor can we pause for just a second so I can change the tape? De Weerd: You bet. I'll pause. End of Tape De Weerd: So you would draw this up. Capture what has been just said and bring that back next week? • • Meridian City Council February 19, 2008 Page 74 of 75 Nary: Madam Mayor Members of the Council. I think maybe if we just brought it back when we get this completed. I don't want to put some false time limit on it. I don't know whether next week is too soon. We will certainly work diligently to get this done because I'm tired of it so I'm sure you are too. I know Mr. Jewett is tired of it. I think if we're close to a resolution I just don't want to put a timetable of a week or two weeks and then we're just putting it off another week. I think there's every intent for both Mr. Jewett and the city to get this resolved as quickly as we can. Bird: Madam Mayor. I would prefer to get this - to have Bill's staff draw it up, get it to Mr. Jewett, get his attorney to look at it, him sign off on it and then bring it to us. That would be the way we handle 99.9 percent of the deals so if it takes a week it takes a week. If it takes two I guess it takes two. At least lets get it solved and I'm sure everybody has seen it enough. De Weerd: Is that agreeable. Good. So that takes care of Item Number 10 as well. We will just table it. Can you table it indefinitely? Nary: You can just vacate it and we'll add it on when its ready. De Weerd: Okay I need a motion to vacate then. Rountree: Madam Mayor. I move that we vacate Items 9 and 10. Bird: Second. De Weerd: Okay I have a motion to vacate Items 9 and 10. All those in favor say aye. MOTION CARRIED: ALL AYES. De Weerd: I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 12 A.M. (TAPE ON FILE OF THESE PROCEEDINGS) U Meridian City Council February 19, 2008 Page 75 of 75 APPROVED: i MAYOR T I~ Y De WEERD ATTESTED: I~ J ~~ / ~~ / 0~ DATE APPROVED ~~ ~-. r ~© ~~, ~~~ ~L Y ~ ERK ~' -, ,, ,~, 6rk1"` • Date: February 15, 2008 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT ITEM NO. Jr REQUEST Proclamation for FFA Week AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached Prs~ ,+sl • Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~~E IDIAN:--- Fie Office of t(-ie ~1~layor PROCL.~I~I~i.~I~ION 1Nhereas, the Future Farmers of America and agriculture education provide a strong foundation for the youth of America and the future of the food, fiber and natural resources systems; and 1Nhereas, the FFA promotes premier leadership, personal growth and career success among its members; and 1Nhereas, agriculture education and the FFA ensure a steady supply of young professionals to meet the growing demands in the science, business and technology of agriculture; and 1~Vhereas, the FFA motto - "learning to do, doing to learn, earning to live, living to serve" -gives direction of purpose to these students who take a active role in succeeding in agricultural education; and 1Nhereas, the FFA promotes citizenship, volunteerism, patriotism and cooperation; ~ferefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim the week of February 18 through 22, 2008, as ,~,~.~11~VEE~C in the City of Meridian in recognition for the success of the Future Farmers of America Program in this community. Dated this 19th day of February, 2008. Tammy de Weerd, Mayor Charlie Rountree, City Council David Zaremba, City Council Keith Bird, City Council Joe Borton, City Council Date: February 15, 2008 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT ITEM NO. 6-A REQUEST Approve Minutes of January 15, 2008 City Council Special Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS ~~~ • Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • February 15, 2008 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT ITEM NO. 6-B REQUEST Approve Minutes of January 15, 2008 City Council / MDC Special Workshop Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS r~~ February 15, 2008 RZ 07-015 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT Linda Loehr ITEM NO. 6-C REQUEST Findings for Approval -- Request for a Rezone of .28 of an acres from an R-8 residential zone to an O-T zone for 6th and Broadway Property -- 532 East Broadway Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached Findings OTHER: Contacted: L~ >n 0~. Loehr Date: 2' ~rj Phone: `l~8 g - ~ ~{ 35 Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • CITY OF MERIDIAN E IDIAN~--- FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Rezone of 0.28 acres from R-8 (Medium-density Residential)) to O-T (Old Town) for the 6th and Broadway property, by Linda Loehr. Case No(s). RZ-07-015 For the City Council Hearing Date of: January 22, 2008 (Findings on the February 19, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 22, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 22, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 22, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 22, 2008, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-015 -1- • 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and Exhibit attached to the Staff Report for the hearing date of January 22, 2008, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's Rezone as evidenced by having submitted the legal description and exhibit map stamped and dated July 30, 2007 by Kevin N. Sorensen, PLS, is hereby conditionally approved. D. Attached: Staff Report for the hearing date of January 22, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-015 -2- L~ By action of the City Council at its regular meeting held on the ~ ~~ day of 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ~~ ~~~~ Mayor Tammy, d eerd Attest: ~£•. Jaycee olman, City Clerk ~~' Copy served upon: -~~¢ Applicant Planning Department ~ublic Works Department City Attorney BY~ ~ 1,~~ ~.~.~-- Dated: '~ City Clerk's Office 2-~5-D~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-015 -3- • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 STAFF REPORT HEARING DATE: January 22, 2008 E IDIAN: -- TO: Mayor and City Council (Note: The City Council originally reviewed and voted to deny this item on November 7, 2007. On November 20, 2007, the applicant was granted a reconsideration hearing for January 22, 2008.) FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: 6th and Broadway • RZ-07-015 Rezone of 0.28 acres from R-8 (Medium-density Residential)) to O-T (Old Town), by Linda Loehr. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Linda Loehr, has applied for a Rezone (RZ) of 0.28 acres from R-8 (Medium-density Residential) to O-T (Old Town) for the existing residence at 532 E. Broadway Avenue. The applicant is requesting the subject property be rezoned so a new two story 4-plex can be constructed on the site. If the subject rezone is approved the existing single-family residence on this site will be demolished to make way for the new proposed development. Under current code, multi-family developments are not a permitted use within the R-8 zoning district. The O-T (Old Town) zoning district allows multi-family development as a principally permitted use. A Certificate of Zoning Compliance (CZC) will be required prior to the construction of the multi-family development. Staff will review the project's conformity with the downtown design guidelines and the UDC. If the proposed development does not meet the design guidelines, it will be subject to a Conditional Use Permit. The Comprehensive Plan designates the subject site as Old Town. (NOTE: Below, Staff has provided some recommended design changes for the proposed 4-plex that maybe constructed on this site. These changes are mentioned to help the applicant comply with the downtown design guidelines.) 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested rezone application below. Staff recommends approval of RZ-07-015 for the 6`h and Broadway property, as presented in the Staff Report for the hearing date of October 4, 2007, subject to the Finding of Facts as listed in Exhibit D. Staff has included all comments and recommended actions in the attached Exhibit B. The Meridian Planning & Zoning Commission heard this item on October 4 2007 At the public hearin the Commission moved to recommend approval of the subject rezone request. a. Summary of Commission Public Hearing: i. In favor: Linda Loehr (property owner) Dennis Loosli (applicant's representative) ii. In opposition: John Cole iii. Commenting: None iv. Written testimony: 1 letter in opposition from Mrs Cole and neighbors v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Ted Baird b. Key Issue(s) of Discussion by Commission: i. None c. Key Commission Change(s) to Staff Recommendation• i. None 6`h and Broadway RZ-07-015 PAGE 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22. 2008 d. Outstanding Issue(s) for City Council• i. Neighborhood opposition he Meridian .itv OunG~ heard Chic item nn NnvPmhvr 7 2M7 o.,rl ~lo.,;0.7 +1,,, .,.. ~ i. In favor: Linda Loehr (gronerty owned Dennis Loosli (anolicant's representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presentin>? aaalication: Anna Canning vii. ther staff commentin on apolication• None b. Kev Issues of Discussion by Council: i. The reason for reconsideration ii. The elevations of the proposed 4-alex ~, ev Council han ec to Staff/C'nmmiccinn Rernr„r.,P L_ rovide Staff with a new ele troni opv of the revi d elevationc chnwn by ne.,.,; -oosli at the January 22.2008 itv ouncil_ hearin . 3. PROPOSED MOTIONS Approval I move to approve File Number RZ-07-015 as presented in the staff report for the hearing date of January 22, 2008, with the following changes to the staff report: (add any proposed modifications). Denial I move to deny File Number RZ-07-015 as presented during the public hearing on January 22, 2008, for the following reasons: (you should state specific reasons for denial. They should address how the applicant might re-do the application to gain your recommendation for approval). Continue I move to continue the public hearing for File Number RZ-07-015 to (date certain) for the following reason(s): (insert reason). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 532 W. Broadway Avenue Southeast '/ of Section 12, Township 3 North, Range 1 West. 6"' and Broadway RZ-07-015 PAGE 2 i ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 b. Owner: Linda Loehr 843 W. Creebury Street Meridian, ID 83646 c. Applicant: Same as owner d. Representative: Linda Loehr, Owner e. Present Zoning: R-8 (Medium-density Residential) f. Present Comprehensive Plan Designation: Old Town g. Description of Applicant's Request: The applicant is requesting a rezoning from R-8 (Medium-density Residential) to O-T (Old Town) to construct a two story 4-plex. The R-8 zoning district does not allow multi-family development. The O-T (Old Town) zoning district allows amulti-family development as a principally permitted use. 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as determined by City Ordinance. By reason of the provisions of UDC 11-SB-3, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. Newspaper notifications published on: September 17, 2007 and October 1, 2007 (Planning & Zoning Commission); October 15 and 29, 2007 (City Council); ecember 31.2007 and TanLarv 14.2008 itv Council recon ideration bearin c. Radius notices mailed to properties within 300 feet on: September 17, 2007 (Planning & Zoning Commission); October 12, 2007 (City Council) ecember 28.2007 l i v o ~ncil re~nncide d. Applicant posted notice on site by: September 25, 2007 (Planning & Zoning Commission); October 29, 2007 (City Council) anuarv 12. 2008 ( itv o ~ncil rernncidera±en~ ham.-.»Q~ 6. LAND USE a. Existing Land Use(s): Single-family dwelling b. Description of Character of Surrounding Area: The area surrounding the subject property consists of existing single-family dwellings and 4-plexes. c. Adjacent Land Use and Zoning: 1. North: Existing single-family residences, zoned R-8. 2. East: Existing single-family residences, zoned RUT (Ada County). 3. South: Vacant, zoned I-L. 4. West: Existing 4-plex, zoned R-8. d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works 6`h and Broadway RZ-07-O15 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 Location of sewer: Already serviced 8 inch sewer main. Location of water: Already serviced 4 inch water E Broadway Ave and 8 inch water 6`h st. Issues or concerns: None 2. Vegetation: There are existing trees on site. Contact the City's Arborist, Elroy Huff at 888-3579, to discuss a tree mitigation/protection plan. 3. Floodplain: N/A. 4. Canals/Ditches Irrigation: None 5. Hazards: None 6. Proposed Zoning: O-T 7. Size of Property: 0.28 acres 7. COMMENTS MEETING On September 14, 2007 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions in the attached Exhibit A. Because this is only a rezone application, there are no conditions of approval. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map designates the property as "Old Town". Old Town is defined as follows: "This includes the historic downtown and the true community center. Uses would include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses could include reuse of existing buildings for residential uses, new construction of multi-fanuly residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historical character, specific design requirements may be imposed. Pedestrian amenities would be emphasized. Public investment to ensure that Old Town becomes a centralized activity center with public, cultural, and recreational structures would be encouraged. The boundary of the Old Town district predominantly follows Meridian's historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings." Staff finds that the proposed Rezone complies with the applicable provisions of the Comprehensive Plan and furthers the goals and objectives set forth therein. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC Table 11-2D-2 lists uses that are principal permitted (P), accessory (A), and conditional (C) or prohibited (-) uses within the proposed O-T zoning district. Multi- family Developments are listed as permitted uses (P) in the O-T zone. b. Purpose Statement of Zone: The purpose of the O-T District is to accommodate and encourage further intensification of the historical city center in accord with the Meridian Comprehensive Plan. The intent of the O-T District is to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. Public and quasi-public uses integrated with general business, and medium-high to high-density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban city center. 6`h and Broadway RZ-07-O15 PAGE 4 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONE: As mentioned earlier, the applicant is proposing to demolish the existing single family home and construct a new 4-plex on the site. The applicant is requesting a rezone of this property because the proposed multi-family family development is a prohibited use in the R-8 zoning district. Rezoning the property to the O-T district allows multi-family development as a principally permitted use in accordance with UDC 11-2D-2. The Old Town zoning district allows for a diverse mix of uses within the comprehensive plan boundaries. Staff believes rezoning this property to O-T is appropriate and any future development of the subject site will improve the appearance of the property, while contributing to the revitalization of the Old Town area. Based on the policies and goals contained in the Comprehensive Plan and compliance with the Unified Development Code for the O-T zone, Staff believes that the rezoning of this property to O-T is in the best interest of the City. Please see Exhibit C for detailed analysis of facts and findings. The rezone legal description submitted with the application (prepared on July 30, 2007 by Kevin N. Sorensen, PLS) shows the property within the existing corporate boundary of the City of Meridian. Development Agreement (DA): UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a DA with the City of Meridian that may require some written commitment for all future uses. Due to the small size of the subject property and the Applicant's intent to improve the subject site, Staff believes that a DA is not necessary in this instance. However, if the Commission or Council feels that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties; Staff recommends a clear outline of the commitments of the developer being required. Elevation/Site Plan: With the rezone application, the applicant submitted a conceptual site plan and building elevations. The applicant is proposing to construct a 4-plex consisting of units ranging in size from 1,057 square feet with two bedrooms and one and half baths to 1,273 square feet with three bedrooms and two baths. The 4-plex is designed to be two stories in height, incorporate front porches and provide eight covered carports. The applicant also states the landscaping for the site should include bushes and shrubs around the building and have approximately 200 square feet of grassy common area for future tenants. Staff is recommending some changes to the applicant's elevations and site plan to ensure compliance with the downtown design guidelines. If the following changes are not made, the applicant may need a Conditional Use Permit to construct a 4-plex on this site. 1) Staff believes the building should shift 5 feet to the south to allow more turning radius into the rear parking off the alley. This shift will allow the side of unit #1 to be built right up to the back of the sidewalk on Broadway. 2) Parking stalls 3 and 4 should be relocated towards the alley to provide the future tenants more common area; align these parking stalls with the other parking stalls. 3) Staff is concerned about parking stall #8 being so close to the 6`h Street/alley intersection. Parking stall #8 should be shifted to be next to parking stalls #1 and #2. 4) More articulation should be shown to the front facade along 6`h Street. Units #1 and #4 should shift so they are built to the back of the sidewalk on 6"' Street. This shift also provides a screen for the parking areas and adds modulation to the front fagade. Staff is recommending changes be done prior to the submittal of a CZC. All future re-development of the subject property comply with City of Meridian ordinances in effect at the time of development (i.e. comply with standards of the O-T zone regarding setbacks, property size, street frontage, parking, etc.). All future development should comply with UDC 11-4-3-27 and the downtown design guidelines. All future uses shall not involve uses, activities, processes, materials, 6`h and Broadway RZ-07-015 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARI~DATE OF JANUARY 22, 2008 equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Sanitary sewer and water service: The current residence is serviced by existing service lines to the City of Meridian's domestic water and sewer systems. The condition of these services is unknown at this time. The applicant will be responsible for all costs associated with any sewer and water service extension or upgrade. Wells may only be used for non-domestic purposes such as landscape irrigation. Existing Trees: There are existing trees on this site. The applicant should work with the City Arborist on a tree mitigation/protection plan. Staff Recommendation: Staff recommends approval of R~07-015 for the 6'h and Broadway property, as presented in the Staff Report for the hearing date of October 4, 2007, subject to the Finding of Facts as listed in Exhibit D. Staff has included all comments and recommended actions in the attached Exhibit B. On October 4, 2007 the Meridian Planning & Zoning Commission voted to recommend approval of the subject rezone to the City Council. he Meridian itv o ~ncil heard this item nn NnvPmhPr 7 2nn~ ~„~ ,~o..;oa ~H„ .,r. uest• t the November 20 2007 n ~blic h arin the ouncil rant d the annlican a r on ideration hearin for January 22. 2008 urine the January 22.2008. n ~blic hearin the Meridian .itv .ouncil voted to annrove the rezone of th taff has included the revic d i e elan and ~nda d eleva ionc in xhibit 1 of the Taff Report 11. EXHIBITS A. Drawings B. Agency and Department Comments 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police department 5. Parks Department 6. Sanitary Services C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code 6`h and Broadway RZ-07-015 PAGE 6 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 1. Revised Site Plan O b V IC~ H.r D i(tH (11 wH O ~:~ 1 Iv '~i D 74948 ':H 7l:ll 'b D7 'H 71(1-n 3ri 3 iRV t7MOtlONA Z£S ~ I C ^" ~~ as 9 ~.~.~ ,~o., ~0_5~~ ~...r X3ld-~f10~ ,ldM4d0~8 ~ H19 ' ,~ava,atio~,~~„~„- G7 ~g2Nj»j~/ zt .i~-~,.~I R4 a s s'2 . 1 a sEn~=~g~~~ d Z o - H o 4 Q r U ~ O J m w Z J s ~ ~ G ~ ~ a Q O ~ ~ N '~m~„ o rc `x ~ U ~ N ~ ~ w Z W ~ m z ~ ~ a o ~ c ~ J v .: t/ a ~"3 ij¢y ~~~_ ~ ~kM€ ••~ ~3y~a ;.P% Gtl? ~ X~^ Y~$ X ~~ii =53 .. 3 ~ gy O }j$~~ r g d"y'€ ~.C2 Z F+^ ~ 3y'~- a tttz~ ~ yx~ N R+£M L i Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22. 2008 2. Revised Elevations Exhibit A r \ SOUTH EIEYATION ~' ~~-~~ NOPTH FLCVA710N oc iR - ~~ ~ ! CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 3. Revised Roof Plan o L, 1-r ..r. o f ,~ o„ r .i. ,..,, .. o ~~~~i.vac s a~a s=c awow r.~oan~ ~. ZYASA ::H r01 ~v.,'C 'MtlIG Han '3^.V AVN.i';Oh9 7S4 X3ld-dflOd ,ldM4b'Od8 ~ Hl9 ~ ~ - 3~0~ o ~~ ~ y o~m® ~ ~ ~ ~ ~w ~~ o -= - _ 2_ 3 rad o N y o O° a o v i _ ~~ w ~ d ~S ° F rZ N ~~ ~~ nm n d 6W I \2SR1 '~/ tll II + II ~ \ m z~~~w rv~ ~, rca ~~ J ~~~~ ~~ m®z ~rN w Sao -' ~s~ ae~r3~ LL ~ O ?~U ry~ d ~® ~ gZ ]~ ~~ ~$ =tl4 c z 5 a 0 0 \J 'du 'soNneo .o-.a 'III 11 ~ 'seNni3o ..o-,e a ° ~i''~' & ~ ~ aa mtl e9g t WY Q4~ G ~ W o ~ u w I g$ d - z'~. ~~~C ~oti :~'E e cd~ &9~ a:. ' y yys ~ o C ~ ? ~i 3 "y~ra 4g~= w N cc~ ~~ ~ U W N H'd c._ Q U a Exhibit A • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 B. Agency and Department Comments 1. PLANNING DEPARTMENT 1.1 The rezone legal description submitted with the application (prepared on July 30, 2007 by Kevin N. Sorensen, PLS) shows the property within the existing corporate boundary of the City of Meridian. 1.2 All future uses on this site should comply with the provisions of City Code in effect at the time of application submittal. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development currently located from the 8 inch line located in the alley north of E Broadway. 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 currently located in N East 6r~ St; additional services maybe required for fire flow. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked 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. 2.5 The City of Meridian requires that pressurized imgation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved. 2.8 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.9 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375- 5211. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc. 2.12 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,per Resolution 02-374. 2.14 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.16 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.17 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.18 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.20 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 ``/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. £ Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.3 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 3.4 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.5 Building setbacks shall be per the International Building Code for one and two story construction. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 3.6 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.7 Maintain a separation of 5' from the building to the dumpster enclosure. 3.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.9 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.10 There shall be a fire hydrant within 100' of all fire department connections. 4. POLICE 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. CENTRAL DISTRICT HEALTH DEPARTMENT 6.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 6.2 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. 6.3 Run-off is not to create a mosquito breeding problem. 7. SANITARY SERVICES 7.1 Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved site plan from SSC. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22, 2008 C. Legal Description & Exhibit Map EXHIBIT "A" LOTS 19 AND ?0 ELLIS StiBDIVISION RE-ZONE DESCRIPTION A parcel of land for re-zone purposes being Lots 19 and 20 of Ellis Subdivision, as recorded in Plat Book 2 at Page 63 official records of Ada County, Idaho, also being a portion of and situated in the NE1/4 of the SWl!4 of Section 7, Township 3 North, Range I East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the southeast comer of said SW 1 /4, thence along the East line of said SW 1/4 N00°35'03"E a distance of 1919.57 feet to a point marking the intersection of said East line and the North line of Oregon Shortline Railroad property as described in Book G of Judgments at Page 278, from which a brass cap monument marking the northeast comer of said SW 1/4 bears N00°35'03"E a distance of 721.63 feet, thence leaving said East line and along said North line N88°30'13"W a distance of 15.00 feet to a point marking the intersection of said North line and the centerline of East 6th Street and the POINT OF BEGINNING; Thence continuing along said North line N88°30'13"W a distance of 74.82 feet to a point; Thence leaving said North line N00°35'03"E a distance of 160.92 feet to a point marking the centerline of the Alley separating Lots 1 thru 10 and t 1 thru 20 of said Ellis Subdivision; Thence along said centerline S88°33'43"E a distance of 74.82 feet to a point mazking the centerline intersection of said Alley and said East 6th Street; Thence leaving said centerline of the Alley and along the centerline of said East 6th Street S00°35'03"W a distance of 160.99 feet to the POINT OF BEGINNING; Said re-zone parcel contains 12,041 square feet or 0.28 acres more or less and is subject to all existing easements and orrights-of--ways of record or implied. Attached hereto is "Exhibit B" and by this reference is made a part hereof. VAS REVtE gY M W~RK84EP~tC C07608b RE ZONE LEGAL FOR VALLEY SHEP KNS fULY 27 07 doc Exhibit C • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAR1• DATE OF JANUARY 22, 2008 r EXIBIT "B" REZONE LEGAL DESCRIPION LOTS 19 & 20 ELLS SUBDIVISION AND A PORTION OF THE NEI/4 OF THE SWI/4 OF SECTION 7 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN ADA C020NTY, IDAHO C?/4 COR ~~~ ~SEC_ 7 - - - - RE-ZONE 80UNDARY LINE E IDAHO ST. I - - - - SECTION LINE , - - ROAD CENTERLINE ROAD RIGHT-OF-WAY I /S' Q FOUND 5/6" REBAR I Q SET 5/8" REBAR W/CAP MARKED L5 11120 M tD 2 FOUND BRASS CAP S 4 J 2 J NI P.O.B. POINT OF BEGINNING I ~ I , ~, ALLEY 30' _ _ i I - -- - - - - _ 588'3_3'43"E o ~4.82~ o F,,, 12 ! 1.3 I 14 I 15 I 16 I 17 NORTH PROPERTY LINE OF OREGON SHORT LINE - RAILROAD E. BROADWAY REWi O A1. EiY. Nl WORKS DEPT.IC SCALE: t"=60' },. .~ 15.00' ~~ O~ 1 /4 COW. 18 D M L ~ ~ T ~ 8Y DRA CIYIC07bO86\dwg\W 6086 REZONE IECAI.dwg E 1 ! jV j , µs CREATION DATE 07/27/07 Engineers, Inc. 1:552 w Eaec~u.e Jr. 5„ne B. 8au, inane 83?~~ an. ;zoai ea'-n,6o tzoa! aa>-nai ,a. C~'ECKED BY KNS L 1 8.00' i J5' I ~ C/) 1 ~ ~ I I~ N ~ O _ ~ ~ ~_ ~ c0 W E.., 18W 1 p 19 20 I~ o ~ o I cv I3 to W r M ~ ,._] ~ I I O O L7' o ~ I~ ~ °z ~ o j z o Io • N ~~ 1~ 1~5 t` N ~N88' 30' 13' ~ ntoo•zrt~. ~ ,., 1 J Exhibit C • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 22. 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 zone the subject property to O-T. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that future development of this property will comply with the purpose statement of the O-T zone, which encourages an appropriate mix of medium to high density residential. The Applicant states the proposed development will conform to the Old Town requirements. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. Exhibit D • February 15, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT Mike Redden VAR 07-019 February 19, 2008 ITEM NO. 6-D REQUEST Findings for Denial -- Request for a Variance to UDC table 1 1-2A-5 that requires a min. rear yard setback of 15 ft. to be reduced to 2 ft. 8~ a min. street setback of 15 feet to be reduced to 12 feed for Redden -- 1418 N. Vineyards Ave. 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 ~~d~~ Contacted: r Date: 2 ~~j Phone: _ Emailed: ~•' t'PCtC~t Staff Initials: Materials presented a public meetings shall become property of the City of Meridian. • BEFORE THE MERIDIAN CITY COUNCIL C/C 02/19/08 IN THE MATTER OF THE REQUEST FOR VARIANCE FROM UDC TABLE 11-2A-5 THAT REQUIRES A MINIMUM REAR YARD SETBACK OF 15 FEET TO BE REDUCED BY 2 FEET AND A MINIMUM STREET SETBACK OF 15 FEET TO BE REDUCED TO 12 FEET Case No. VAR 07-019 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR MIKE REDDEN 1418 NORTH VINEYARDS AVENUE APPLICANT The above entitled variance application having come on for public hearing on January 22, 2008, at the hour of 7:00 o'clock p.m. at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho. Anna Canning, Meridian Planning and Zoning Department, and Mike Redden, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore make the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearings scheduled for January 22, 2008, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR MIKE REDDEN; CASE NO. VAR 07-019 PAGE 1 OF 4 • 5~ external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearings having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council on January 22, 2008, public hearing; and the applicant, affected property owners, and government subdivisions provided services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6511, and § 11-SA, Municipal Code of the City of Meridian. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is generally located at 1418 North Vineyards Avenue, Meridian, Idaho. 5. Mike Redden whose address is 1418 N. Vineyards Avenue, Idaho 83642, is the current property owner and applicant. 6. The Applicant requests a variance from UDC 11-2A-5, which requires that a minimum rear yard setback of 15 feet be reduced to 2 feet and a minimum street setback of 15 feet be reduced at 12 feet as otherwise required by City Code. The property which is the subject of this application is within the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR MIKE REDDEN; CASE NO. VAR 07-019 PAGE 2 OF 4 CONCLUSIONS OF LAW The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council shall apply the standards listed in Idaho Code §67- 6516 and all the findings listed in Section 11-SB-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: a. The variance shall not grant a right or special privilege that is not otherwise allowed in the district. b. The variance relieves an undue hardship because of characteristics of the site. c. The variance shall not be detrimental to the public health, safety and welfare. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 4. That this denial is in accordance with the attached Staff Report for the hearing date of January 22, 2008, incorporated by reference. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: That the application for annexation and zoning is denied for the following reasons: The proposed variance request does not meet the burden as set forth in Idaho Code §67- 6516 and all the findings listed in Section 11-SB-4.E of the UDC. No undue hardship due to the characteristics of the site would prevent the Applicant from meeting the setback requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR MIKE REDDEN; CASE NO. VAR 07-019 PAGE 3 OF 4 Q -}h By action of the City Council at its regular meeting held on the ~ _I day of February, 2008. ROLL CALL: COUNCILMAN KEITH BIRD COUNCILMAN JOE BORTON COUNCILMAN CHARLIE ROUNTREE COUNCILMAN DAVID ZAREMBA MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: ~ ~ ~q' ZAOF' MOTION: APPROVED: ~ DISAPPROVED: MAYOR T Y de WEERD ATTEST: \\~~`~~.~ "~~A`!~=,~;~~~~~~i~ C>N ;POr~ T ''~' ~~: 0 ~ ~~ ~'~~I, _ CITY CLERK v, ~~ - 'P ~~ ~ - ~e;- ,~ i,:,~~/Q~ T 1 ~~ • SDK ~~ ~,~ Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. By: ~ Dated: 2 - 2 5 -08 City Clerk's Office FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR MIKE REDDEN; CASE NO. VAR 07-019 VOTED VOTED ~g VOTED VOTED PAGE 4 OF 4 • • February 15, 2008 MI 07-006 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT Touchmark of the Treasure Valley ITEM NO. 6-I REQUEST Third Addendum to DA -Request for an MI application to amend the previously approved DA for Touchmark Living Center AZ 99-021 by amending the aprpoved phase boundaries 8~ varioius other provisions for Meadowlake Village North -sec of Franklin Rd 8~ Touchmark Wy AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: COMMENTS See attached Addendum to DA CITY FIRE DEPT: CITY BUILDING DEPT: ~d f~ 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: ~''~ Q~ Q1~f~ fh Date: 2.~s Phone: Emailed: n ~ Oh-~s~--, ~ f S ff Initials: aterials presented at public mee gs shall become property of the City of Meridian. LAND PLANNING CIVIL ENOIN EERINO LANDSCAPE ARCNITECTURF LAND SURVEY WATtR RtiOURCEB 1173 East Winding Creek Drive E~ple, ID 83616 PH 208/246.8300 FX 208/246.8320 www.wrpdesign.com •~ • D E S I G N I N C. TRANSMITTAL To: City of Meridian City Clerk Dept. Attn: Tara Green From: Megan Johnson ! ! ; i~~.r >.~ ~. r= ~~ ~ ~ ~~os; liltl ? lr 1T~I1d1`~~_ (~ 1 ! t ~ ' 1 f~1Ce Date: February 8, 2008 Project: Meadow Lake Village - Phase III WRG#: TCH6223 Transmitting: Via: O Attached D Mail ~ Separate Cover O Messenger O Number of Pages Including Cover O Fed-Ex For Your: O Review & Comment O As Requested O Information/File Co ies Descri tion 1 Ori final Si ned Develo ment A reement COMMENTS: Signed: Received: • • ADA COUNT-Y RECORDER J. DAVID NAVARRO ~ AMOUNT .00 14 BOISE IDAHO 02128108 01:34 PM 1 ~ DEPUTY Path Thompson III (IIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII RECORDED-REQUEST Of 108022885 City of Meridian AMENDMENT TO 3'd ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Touchmark of the Treasure Valley LLC, Owner/Developer This Amendment to 3`~ Addendum to the Development Agreement ("Amendment") is made and entered into this try day of , 2008, by and between CITY OF MERIDIAN, a municipal corporation of the tate of Idaho, hereinafter called "CITY', and Touchmark of the Treasure Valley, LLC, whose address is 5150 SW Griffith Drive, Beaverton, Oregon 97005, hereinafter called "OWNER/DEVELOPER". RECITALS A. City and Owner/Developer entered into that certain DEVELOPMENT AGREEMENT that was approved on May 1, 2001 (Instrument # 101048096), the Apri12001 Addendum (Instrument # 101048097), the Touchmark SiteBair Property Annexation Addendum (Instrument # 102143308), and the May 2003 Addendum, recorded on August 14, 2003 (Instrument # 103137119) for the Touchmark Living Centers/MeadowlakeVrllage development on the land described in Exhibit A ("Property"). That addendum approved a revision to the original phasing plan for Phase III. B. City and Owner/Developer now desire to amend the Development Agreement in accordance with the terms in this Amendment, which terms have been approved by the Meridian Planning and Zoning Commission and the Meridian City Council in accordance with Idaho Code Section 67-6511A. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. Owner/Developer shall be bound by the terms of the original Development Agreement, (Instrument # 101048096). This Amendment proposes to amend the construction requirements for Phase III of the development. Items 2, 3, 4, 6, 8, & 9 shall be and are hereby deleted as part of the requirements for completion of Phase III (F~nal Plat Phase 1) as these items are no longer considered to be within the scope of said phase. Item 12 is hereby deleted, as it duplicates Item 5. Items 1 and 5 shall be and are hereby modified to eliminate references to `Street H.' As all homes within this phase are to be single family units, all references to patio homes are hereby eliminated. AMENDMENT TO DEVELOPMENT AGREEMENT (MI 07-006 MEADOWLAKE VILLAGE NORTH) PAGE 1 OF 4 •' • ~ • 2. Items 1, 5, 7, and 13, "PHASE THREE (Final Plat Phase 1) - shall be and are hereby modified to state: 1. Installation of domestic water distribution system and sanitary sewer collection system in all streets and cul-de-sacs to Phase Three (Final Plat Phase 1) cottages. S. Public utilities along all streets and cul-de-sacs in Phase Three (Final Plat Phase 1). 7. Construction of the street base for the Phase Three (Final Plat Phase 1) streets and cul-de-sacs. 13. Construction of cottage units and landscaping in Phase Three (Final Plat Phase 1). 3. This Amendment shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Amendment shall be binding on the Owner/Developer ofthe Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent the sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions herein and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Amendment if City in its sole and reasonable discretion, determines that Owner/Developer has fully performed its obligations under this Amendment. 5. If any provision of this Amendment is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Amendment and the invalidity thereof shall not affect any of the other provisions contained herein. 6. This Amendment sets forth all promises, inducements, agreements, conditions, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or under-standings, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Amendment shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City in accordance Idaho Code Section 67-6511A. AMENDMENT TO DEVELOPMENT AGREEMENT (MI 07-006 MEADOWLAKE VILLAGE NORTH) PAGE 2 OF 4 ~I • ~ • 7. This Amendment shall be effective as of the date herein above written. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: TOUCHMARK OF THE TREASURE VALLEY, LLC ar ~~ CITY OF MERIDIAN BY: Mayor Tam de Weerd Attest: \\`~~~`` ~ ''~.,~ ,~ O City Cler ~~~;~ :/ v 1~~ `; '~. ,~ ~ AMENDMENT TO DEVELOPMENT AGREEMENT (MI 07-006 MEADOWLAKE VILLAGE NORTH) PAGE 3 OF 4 • ~C~~ STATE OF @ ) ~~K~ ~y~.'0Nf SS: County of Ada; ) t~ On this ~_ day of ~ 9ccvo.rY > 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared ~ t1.r•e.~r ~ ~ ~`~~' ~~ known or identified to me to be the C bc~ ~f'~M~,, ear of Touchmark of Treasure Valley, LLC and acknowledged to me that he executed the same on behalf of said limited liability corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Or`-FICIAL SEAL AD:RI~ 7A WRICHT NOTARY PUBLIC-0REGON C01'~Id!SSION N0. 391394 MY COMMISSION 'tXFi(iFS APR. 5, 2009 STATE OF IDAHO ) ss Not Public for a O~ ~' c~+~ _ Residing at: `~c~~o.~~ My Commission Expires: ~~S ~'Z-boat County of Ada ) On this~day of Lt Qr , 200$, before me, a Notary Public, personally appeared Tammy de Weerd and C7i rrlah ,know or identified to me to be the Mayor and Clerk, respectively, o the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ~; .., ,, ,~ r. , pi V ; ,r. .~ . ~, ~~. ., Notary Public for Idaho Residing at: ~ ~ ~ 1 >~~ ~, ~b Commission expires: ~t~-) ~_~ ~ AMENDMENT TO DEVELOPMENT AGREEMENT (MI 07-006 MEADOWLAKE VILLAGE NORTH) PAGE 4 OF 4 ~~ ~ ~ • !!~i ~ ~;: i c c s i c n r n c. Ii Proposed Boundary Dcscrlptlon for Meado~wlakc Vlltsge Please 3 Job No. 6066ZZ3 lANO VLA NNINO F ~1 ~~~~~ F.NOINt [RING {~ 11N O~CAf a ARONITCOTVRa LAND guRVST ~"" i WAtcR s 'e ~~ 'r '., -; ~ ~~ ~r ~~~ °~'. t 1 J3 Eas11Ni°tiingtYiekO~be , EegIe,ID 898th A parcel of land situate in the north half of Section 16, Township 3 North, Range 1 East, Boise Meridian, Meridian City, Ada County, Idaho, and being more particularly described as follows: Connrreencing at the northwest corner of the northwest gnarter of Section f 6, Township 3 North, Range l Fast, Boise Meridian, Meridian City, Ads County, Idaho; Thence 389°19'S3"E, 2706.26 feet along the north line of the northwest quarter, T7renoe 500°04'07"E, 384.98 feet along the east line of the northwest quarter to the POINT OP BEGINNING: Thence 589°20'45"E, 576.93 feet; , Thence 28.85 feet on a curve to the right having a radius of 28.00 feet, a central angle of 59°01'54", a chord bearing of S59°49'4T'E, and a chord length of 27.59 feet; Theuoe 154.53 feet on a carve to the left having a radius of 74.99 feet, a central angle of 118°03'49", a chord bearing of S89°20'45"E, and a chord ]engtb of 128.61 feet; lfience 28.85 feet on a curve to the right having a radius of 28.00 feet, a central angle of 59°01'54", a chord bearing of N6I °08' 18"E, and a chord length of 27.59 feet; Thence S89°20'45"E, 43.09 feet; Thence 47.70 feet on a curve to the fight having a radius of 274.98 feet, a central angle of 9°56'23", a chord bearing of S84°22'33"E, and a chord length of 47.64 feet; Thence 379° 17'01 "E, 51 S.3 9 feet to the west line of the northwest Quarter' of the northeast quarter; Thence S00°01'48"W, 79.05 feat along the west lice of 'the northwest Qaarter of the northtoast quarter to the norfheaiy boundary of Edgeview Elates No. l Subdivision; Thence N82°08'44"W, 7.63 ,feet along the northerly boundary of Bdgaview Estates No. 1 Subdivision; Therioe N79°2A'21"W, 449.48 feet along the northerly boundary of Edgeview Estates No. l S»bdivisran; PH 2O812t8.8300 I:x sDenee.e32o Thence S80°S1'42"W,116.19teet along the northerly boundary of Ed ew Estates No. l Subdivision; „ryaL°ygQeeigO.COM ~ ~ Page :lOf4 • • ~ ~ , Meadow Lake Phase 3 continued... Thence S25°44'31 "W, 195.09 feet along the westerly boundary of Edgeview Estates No. 1 Subdivision; Thence S22°30'43"E, 150.00 feet along the westerly boundary of Edgeview Estates No. 1 Subdivision; 't'hence N$9°S1'06"W, 36.83 feet; Thence soo°o8's4"w,11 s.s6 feet; Thence N32°3?' 18"W, 171.71 feet; Thence N16°47'25"W, 71.82 feet; Thence S66°08'35"W, 370.59 feet; Thence S47°06'S0"W, 23.22 feet; Thence S82°52'42"W, 60.24 feet; Thence N78°51'06"W, 208.53 feet; " Theax;e S52°OS'28"W, 174.87 feet; Thence SSO°Sl'06"E, 146.98 feet; Thence 109.05 feet on anon-tangent curve io the left, concave southerly, having a radius of 242.84 feat, a central eagle of 25°43'50", a chord bearing of S50°~9'36"'W, and a chord length of 108.14 feet; Thence 337°27'41 "W, 54.64 feet; Thence S88°02'20"W, 25.70 feet; Thence NS2°31' S9"W,184.32 feet to tho southeasterly Boundary of Touchmark Living Center Subdivision No. 1; Thence N37°28'Ol "E, 5.76 feet slang the southeasterly boundary of Touchmark Living Center Snbdivision No. 1; . Page 2 of 4 ~~ • ~ • Meadow Lake Phasc 3 continued... Thence bi .69 feet on a non-tartgcnt curve to the sight, concave easterly, having a radius of S7.S0 feet, a central angle of bl °28'32", a chord bearing of N16°18'24"W, and a chord length of 58.78 feet, along the noribeasterly boundary of Touchnnark Living Centex Subdivision No. 1; Thence N52°31'59"W, 50.9b feet along the northeasterly boundary of Touchrnark Living Center Subdivision No. 1; Thence 82.29 feet on anon-tangent curve to tine right, concave northerly, having a radius of b8.00 feet, a central angle of 69°I9'S8", a chord bearing of N87°1 l'S8"W, and a chord Length of 77.36 few, along the northeasterly boundary of Touchmazk Living Center Subdivision No. l ; • Thence N52°3l'S9"W, 28.37 feet along the northeasterly boundary of Touchmark Living Centex Subdivision No. l; Thence 214.29 feet on a cnurve to the left having a radius of 329.00 feet, a central angle of 37°19'OT', a chord beating of N71 °11'33"W, atui a chord length of 210.52 feet along the northeasterly boundary of Touchmark Living Center Subdivision No. 1; Thence N89°51'OtS"W, 141.19 feet along the northeasterly boundary of Touchmark Living Center Subdivision No. I; Thence 313.93 feet on a curve to the right having a radius of 271.00 feet, a ceartral angle of 66°22' 19", a chord bearing of N56°39'ST'W, and a chard lengtfi of 296.67' feet, along the northeasterly boundary of Touchmark Living Ceirter Subdivision No, 1; • Thonoe 72.40 feet on a curve to the right having a radius of 37.50 feet, a central angle of 110°37' 10", a chord bearing of N31 °49'4T'E, and a chord length of 61.67 feet, along the northeasterly boundary of Touohmark Living Centex Sobddvisiaa No. l; Thence N87°08'23"E, 76.58 feet; Z?ience 107.05 feet on a curve to the left having a radius of 194.98 feet, a central angle of 31 °27'20", a chord bearing of N71°2a'42"E, and a chord length of 105,71 feet; Thence NSS°41'02"E,135.34 feet; • Page 3 of4 ®~® D 6 S 1 6 N• t IV C. M' • ~ • Meadow Lake Phase 3 continued... ' Thence 93.55 feet on a curve to the right having a radius of 454.96 feet, a central angle of 11 °4b'S2", a chord bearing of N61 °34'29"E, and a chord length of 93.38 feet; ' Thence N67°27'SS"E, 188.04 feet; Thence 265.07 feet on a curve to the right having a radius of 654.94 feet, a central angle of 23° ] 1'21 ", a chord bearing of N74°03'35"B, and a chord length of 263.27 feet; Thence S89'°20'45'B, 230.53 feet to the POINT OF BB.C3INNING. The above-described parcel contains 19.80 acres, more or Tess. Subject to any existing easements orrights-of--way of record or apparent. r AP RpYA4 REVI; gY ~:~,~. ~ JAN 012008 ~ MERIDIAt+ Pueuc .Q. , WORKS DEPT; ~~ .. 3 ~~ ~. Page 4 of 4 ~~ • ~' 4 ~g ~~ ~s~~ U ~~ ~ ~~ ~ a0 *- 0 h~ ~~ ~C'~~ ~ ~ W W= Y 0- a ~ +~ ~~~ O~ ~W ~~~ o. o ~~~ _~~ ~~ ~_ ~~ °~~ .~ ~~~ ~~ a • ~ • _© __~_ _ ' ~ D E S I C. N 1 ~N C: ... --'- - LANo PLANNING f.~'~:J ~~~','~ CIVIL enalNCealNo ~~,. LnNOBCAP¢ naoNlTCOTUac ~~. ~ ~~:~~ ` LANG SUaVCY , _ (.~:~~ PH 208/2!6.6300 FX 2D6/246.8320 wwa,xrgdesign.com Proposed Boundary D4:s4:rlptlon for Meadowlake Village Phase 3 Job No. 6466223 A parcel of land situate in the north half of Section 16, Township 3 North, Range I East, Boise Meridian, Meridian City, Ada County, Idaha, and being more particularly described as follows: Commencing at the northwest corner of the northwest quarter of Section l 6, Township 3 North, Range 1 East, Boise Meridian, Meridian City, Ada County, Idaho; Thence S89°19'53"E, 2706.26 feet along the north Line of the northwest quarter; Thence 500°04'07"E, 384.98 feet along the east line of the northwest quarter to the POINT OF BEGINNING: Thence S89°20'45"E, 576.93 feet; , Thence 28.85 feet on a curve to the right having a radius of 28.00 feet, a central angle of 59°01'54", a chord bearing of S59°49'47"E, and a chord Length of 27.59 feet; Thence 154.53 feet on a curve to the left having a radius of 74.99 feet, a central angle of l 18°03'49", a chord bearing of 589°20'45"E, and a chord length of 128.61 feet; Thence 28.85 feet on a curve to the right having a radius of 28.00 feet, a central angle of 59°01'54", a chord bearing of N61 °08' 18"E, and a chord length of 27.59 feet; Thence 589°20'45"E, 43.09 feet; Thence 47.70 feet on a curve to the right having a radius of 274.98 feet, a central angle of 9°56'23", a chord bearing of 584°22'33"E, and a chord Length of 47.64 feet; Thence 579°17'01"E, 515.39 feet to the west line of the northwest quarter of the northeast quarter; Thence 500°01'48"W, 79.05 feet along the west line of the northwest quarter of the northeast quarter to the northerly boundary of F.dgeview Estates No. 1 Subdivision; Thence N82°08'44"W, 7.63 feet along the northerly boundary of Edgeview Estates No. 1 Subdivision; Thence N79°24'21"W, 449.48 feet along the northerly boundary of Edgeview Estates No. 1 Subdivision; Thence S80°S1'42"W, 116.19 feet along the northerly boundary of Edgeview Estates No. 1 Subdivision; Page :1 of a t 113 Easl YJindlnp'Cieek Dlive Eaple,ID 63616 • Meadow Lake Phase 3 continued... Thence 525°44'31 "W, 195.09 feet along the westerly boundary of Edgeview Estates No. 1 Subdivision; Thence S22°30'43"E, 1 s0.40 feet along the westerly boundary of Edgeview Estates No. 1 Subdivision; Thence N89°51'06"W, 36.83 feet; Thence S00°08's4"W, i 1 s.86 feet; Thence N32°37' 18"W, 171.71 feet; Thence N16°47'2s"W, 71.82 feet; Thence 566°08'35"W, 370.59 feet; Thence S47°06'50"W, 23.22 feet; Thence 582°s2'42"W, 60.24 feet; Thence N78°51'06"W, 208.s3 feet; Thence Ss2°05'28"W, 174.8? feet; Thence 550°sl'06"E, 146.98 feet; Thence 109.05 feet on anon-tangent curve to the left, concave southerly, having a radius of 242,84 feet, a central angle of 25°43's0", a chord bearing of Ss0°19'36"W, and a chord length of 108.14 feet; Thence 537°27'41"W, 54.64 feet; Thence 588°02'20"W, 2s.70 feet; Thence N52°31'S9"W, 184.32 feet to the southeasterly boundary of Touchmark Living Center Subdivision No. 1; Thence N37°28'01 "E, 5.76 feet along the southeasterly boundary of Touchmark Living Center Subdivision No. 1; Page 2 of 4 ®®~ D E S I G N ! N C. • ~ Thence 61.G9 feet on anon-tangent curve to the right, concave easterly, having a radius of 57.50 feet, a central angle of 61 °28'32", a chord bearing of N 16° 18'24"W, and a chord length of 58.78 feet, along the northeasterly boundary of Touchmazk Living Center Subdivision No. 1; Thence N52°31'59"W, 50.96 feet along the northeasterly boundary of Touchmazk Living Center Subdivision No. 1; Thence 82.29 feet on anon-tangent curve to the right, concave northerly, having a radius of 68.00 feet, a central angle of 69°19'58", a chord bearing of N87° 1 ]'S8"W, and a chord length of 77.36 feet, along the northeasterly boundary of Touchmazk Living Center Subdivision No. 1; Thence N52°31'59"W, 28.37 feet along the northeasterly boundary of Touchrnark Living Center Subdivision No. 1; Thence 214.29 feet on a curve to the left having a radius of 329.00 feet, a central angle of 37° 19'07", a chord bearing of N71 ° 11'33"W, and a chord length of 210.52 feet along the northeasterly boundary of Touchrnark Living Center Subdivision No. l; Thence N89°51'06"W, 141.19 feet along the northeasterly boundary of Touchmazk Living Center Subdivision No. 1; 'T'hence 313.93 feet on a curve to the right having a radius of 271.00 feet, a central angle of 66°22' 19", a chord bearing of N56°39'57"W, and a chord length of 296.67 feet, along the northeasterly boundary of Touchmazk Living Center Subdivision No. l; Thence 72.40 feet on a curve to the right having a radius of 37.50 feet, a central angle of 110°37' l 0", a chord bearing of N31 °49'47"E, and a chord length of 61.67 feet, along the northeasterly boundary of Touchmazk Living Center Subdivision No. 1; Thence N87°08'23"E, 76.58 feet; . Thence 107.05 feat on a curve to the left having a radius of 194.98 feet, a central angle of 31 °27'20", a chord bearing of N71 °24'42"E, and a chord length of 105.71 feet; Thence N55°41'02"E, 135.34 feet; Page 3 of4 ® '~~ D E S I G M 1 N C. r ~ ~ ~ M86~t0.00S - 80'8! _ - _ ~ ~~7 ~H~N: ~+~~ ti~,m~Td~ N~ i = ~ vi ~~ ;' r~ ~ k~low~~~~~~~~~ ms's Z 1 y ~~ Z~ N 0 h .. ID f.l A .0 !. ~ W .. y~ viz~z{'.lz.lzyz~z r. ~ !I I~i ~ j~~~11 ~ ~~~}1 06 A OOH ~ ~ ~ M § O ~ G ~ ~ ~ YJ '"• I~ F~ N N O O IG m N m IN. ~ p~j ~ ~ Q /y~~ jUj O W V/ VJ ~~~iw~,,I ~ ~ h A ~ y~ ~~ljl (~1 Q N~ N N E h N O ~Nb a^ ~! ~''S ,,yy~~ On '~ ~. M.OS.B0.003 n ,^ n o' n m m ~ ~ n ~ n /, t O ^_ N n W % .i ~,~y`,.t1~ ~U UUUUUC~U~jUC~U U~ t~ gza?~ .~ µ16 ~ ~ ° - aea.sa• j ~ ~~ ~ J ~ ) %I Y ~~~~t ~ Q t % •~ ., O f ~ ~ ce ~ I r Q ~ '~ `~ i 3 ~~ ~ ~ ~ W !/ ~ `„ o i ¢ W a LL~~l; i,. 'raj I f ~ W °~ ~ ~ JJ ~ I~_1 ~ ~m v ~~,{~~ ~ ~ ~ Z o ~ ~ : e~C~' ~ o ~ ~r~ I :, ~~ `,~ /• e ~• W W ~ ~~~ • • • • February 15, 2008 AZ 07-006 8~ RZ 07-010 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT Stanley Consultants ITEM NO. 6-E REQUEST Development Agreement -- Request for Annexation and Zoning of 94.69 acres from RUT to a C-G zone for Pinebridge and a Rezone of 75.67 acres from I-L 8~ L-O zones to a C-G zone for Pinebridge - e/o of N. Locust Grove & w/o of N. Eagle AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: U S WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached Development Agreement A~~ fL OTHER: Contacted: ~ K'e 1 Emailed: 1~I~ Snl'1 111 Materials presented at public Date: 2'~ ~ Phone: 20 ~" ~ J~~ 1' Staff Initials: yll become property of the of Meridian. • ~ ,1~1,1;,61'I C„Q;IiI,I~lUgl''N' q%,wC~9;l~q'I'.C;Ifi'f'I III, I;,~ q+il~Nl'I,~ul ~Ndl4%47~ldPd'iP .~I;I~I:I !~U~i I'f Ifl'll~li~lE IIJ.i~I°IU V11'~,i°,~i;lEi'~d'I:I'Il' I(n"I ;~'d"~I f"I'.% REICCR If)ED~-fuREQUE~'IP ~Vq~~ II ~ I ~ EI'~ ~~ qV 1 I WIY ~ ~ II ~ I~I I 1 I I I~ I'~) I~ Cily of Meridian I Ei~'~~~"~~ DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. DMB Investments, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this . " ~:' l day of 1,~e i, 2008, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and DMB Investments, LLC, whose address is 250 S. Beechwood, Suite 120, Boise, Idaho 83709, hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developermake awritten commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Developer has submitted an application for annexation and zoning of the Property's described in Exhibit A, and has requested a designation of C-G (General Commercial), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Corrunission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRIDGE SUBDNISION PAGE 1 OF 11 • ~ • • 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 7"' day of November, 2007, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRIDGE SUBDNISION PAGE 2 OF 11 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to DMB Investments, LLC, whose address is 250 S. Beechwood, Ste. 120, Boise, Idaho 83709, the party that owns and is developing said Property and shall include any subsequent owner(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned C-G (General Commercial), attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B-2 which are herein specified as follows: Construction and development of 6l building lots and 2l common lots on I70 +/- acres in the proposed C-G zone pertinent to the AZ-07-006 and RZ-07-OIO applications. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRIDGE SUBDNISION PAGE 3 OF 11 • i • • 1. Development of the property shall substantially comply with the conceptual site plan and elevation submitted with the subject application and the concepts outlined below. 2. Pine Street shall be extended to Locust Grove prior to issuance of any Certificate of Occupancy for buildings that would require access to Pine Avenue. Where there are existing utilities and where the surrounding public roads are fixed, the developer shall be allowed up to 7 occupancy permits prior to final plat recordation. The Planning Director and the Development Services Manager of the City of Meridian may consider allowing additional occupancy permits (not to exceed 13) if the administration of the previous 7 seems to be efficient and in the City's best interest. 4. The following concepts shall be employed in the development of the property: a. General massing of buildings, roundabouts and landscape islands in streets shall be constructed as generally shown on the preliminary plat and conceptual site plan prepared by Stanley Consultants, Inc., dated 3-5-07. b. Pedestrian connections shall be constructed between buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks; c. Structures shall be built adjacent to roadways with a majority of the parking to the rear and sides of the structures. d. Common areas with site amenities (i.e., plazas/courtyards, water features, picnic areas, flower gardens, public art, etc.) are encouraged to be included within the office/retail portion of the development and will be required in the multi-family portion of the development. e. Structures should be oriented toward each other or the adjacent street(s) if there is no parking in the front of the building; f. Windows, awnings, or arcades totaling at least 30°Io of the length of the facade should be provided for facades that are viewable from other structures; g. Provide walkways at least 8 feet in width for any aisle length that is greater than 150 parking spaces or 200 feet away from the main building entrance; DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRIDGE SUBDIVISION PAGE 4 OF 11 • • • h. Exterior building walls should demonstrate the appearance of high quality materials of stone, brick, wood, or other native materials (acceptable materials include tinted or textured masonry block, textured masonry block, textured architectural coated concrete panels, or stucco or stucco like synthetic materials -smooth faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. i. The building design shall incorporate at least 2 changes in one or a combination of the following: color, texture and materials; j. Rooflines shall demonstrate 2 or more of the following: overhanging eaves, sloped roofs, two or more roof planes, varying pazapet heights, and cornices; k. The primary building entrances shall be clearly defined by the architectural design of the building. 1. A Conditional Use Permit for the multi-family portion of this development shall be submitted prior to submitting for final plat approval on that area. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owner/Developer or Owners/Developers heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developer consents upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developer and if the Owner/Developer fails to cure such failure within six (6) months of such notice. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRIDGE SUBDNISION PAGE 5 OF 11 • inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. DEFAULT: 9.1 In the event Owner/Developer, or Owner/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the Ciry upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner/Developer'scnst, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRIDGE SUBDNISION PAGE 6 OF 11 • • delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may require irrevocable letters of credit, cash deposits, certified check as allowed under Meridian City Code Section 11-5-C, to insure installation of any unfinished improvements that are not in conflict with Section 15 of this Agreement. At the City's sole discretion the Owner/Developer agrees to provide surety in the form as required by the City, if necessary. 14. CERTIFICATES OF OCCUPANCY: The Owner/Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer/Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRIDGE SUBDNISION PAGE 7 OF 11 • • ~ i CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: DMB Investments, LLC 250 S. Beechwood, Suite 120 Boise, ID 83709 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer ofthe Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRIDGE SUBDNISION PAGE 8 OF 11 • upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRIDGE SUBDNISION PAGE 9 OF I 1 ~ • ~ i ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER DMB INVESTMENTS, LLC =_,~~ BY----- ~ =~ f2~--~. CITY OF MERIDIAN BY:~ MAYOR Y de WEERD ,~, ATTEST: ~;i' ,~ `~'~ `: `ti• _ .'~ CITY CL K ~~~ ~ ~ --_ _.? ~~ ,l ~ -~ `\, DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRIDGE SUBDNISION PAGE 10 OF 11 STATE OF IDAHO, ) County of Ada, ss On this =~ f / = day of . ~I E~ ~ r ®= ~ 2008, before me, the undersigned, a Notary~ Public in and for said State, personally appeared ~i~;: ,;,srp ~ ~%: ~~ik f,-'~ ~- known or identified to me to be the d,~'s o~~. ~: ~ ' of DMB Investments, LLC, acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal. the day and year in this certificate first above written. 4$i~gee®aaaitamae o (SEAL) ~ ~ ~.~ E ~,1~ ~ m ~ ~ ~; ~- r' , ,,w,..-~. < ®~' ` _- ~ ~- ~ - ~ a c . Notary Public for Idaho -, <., ~ .° e ~U 1 Residing at: ~r,= ~4 .rr ~:«..t ~- ~ '®~ ``; °~ ~ My Commission Expires: ~.~" ~-.tc'.fi .:~~//~ ~~~ ~ O F ~ - ~ D6V ®® + n .. ®~Lr3J~e GSOYtiY~• STATE OF IDAHO ) ss County of Ada ) '~ On this ~ ~ day of ~r la ~ ~ , 2008, before me, a Notary ~ e Public, personally appeared Tammy de Weerd and ,know or identified ~~ to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IlV WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day < ~ ~ ethis certificate first above written. , ~{4t~~ .: ~JyI{~_~' ~ 6 . l /f ~ e4 ~ ~ ~r~ ,' i ~ (SEAL) ~ ~` ; ~-~otary Publ~ for Idaho • t " ~f ~~ ~.,,~,~. Residing at: ~ ' ~V~'.4;' Commission expires: ~ ~ ~' • ~, P~-~ -'`ti• •~'~:; `ATE ;i'~ DEVELOPMENT AGREEMENT (AZ 07-006 & RZ 07-010) PINEBRIDGE SUBDIVISION PAGE 11 OF 11 . • • DESCRIPTION FOR PINEBRIDGE OVERALL PARCEL December 26, 2006 A PARCEL OF LAND BEING PORTIONS OF THE NW'/4, THE NORTH HALF OF THE SE'/4 AND THE NORTH HALF OF THE SW '/ OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 8, T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°34'33" E 1591.59 FEET ALONG THE NORTH LINE OF SAID SECTION 8 TO A POINT; THENCE S 00°05'54" W 40.76 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF FAIRVIEW AVENUE, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 89°59'07" E 867.33 FEET ALONG SAID SOUTHERLY RIGHT OF WAY TO A POINT; THENCE S 00°04'24" W 1102.70 FEET TO A POINT; THENCE N 89°36'25" E 193.77 FEET TO A POINT ON THE EAST LINE OF THE NW'/40F SAID SECTION 8; THENCE S 00°04'01" W 1502.84 FEET TO THE SOUTHEAST CORNER OF THE NW '/4 OF SAID SECTION 8; THENCE S 00°05'17" W 45.00 FEET ALONG THE WEST LINE OF THE SE'/ TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE; ALONG THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE THE FOLLOWING: THENCE N 89°39'03" E 330.64 FEET TO A POINT OF CURVATURE; THENCE 164.20 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 444.28 FEET, A DELTA ANGLE OF 21 °10'34", A TANGENT OF 83.05 FEET AND A CHORD BEARING OF N 79°03'46" E 163.27 FEET TO A POINT OF TANGENCEY; 19642-OVERALLPARCEL. THENCE N 00°20'57" W 15.00 FEET TO A POINT; THENCE N 89°39'03" E 1683.48 FEET TO A POINT; THENCE S 00°20'57" E 33.00 FEET TO A POINT; THENCE N 89°39'03" E 353.77 FEET TO A POINT; • THENCE S 44°22'51" E 22.68 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; LEAVING SAID SOUTHERLY RIGHT OF WAY OF PINE AVENUE AND ALONG THE WESTERLY RIGHT OF WAY OF EAGLE ROAD THE FOLLOWING: THENCE S 01°02'07" W 770.98 FEET TO A POINT; THENCE S 71°10'34" W 74.43 FEET TO A POINT; THENCE S 01°02'07" W 50.00 FEET TO A POINT; THENCE S 69°31'00" E 13.77 FEET TO A POINT; LEAVING SAID WESTERLY RIGHT OF WAY OF EAGLE ROAD: THENCE N 88°55'23" W 2423.39 FEET TO A POINT; THENCE N 00°05'17" E 97.08 FEET TO A POINT; THENCE N 89°55'00" W 13.46 FEET TO A POINT; THENCE N 44°54'55" W 42.49 FEET TO A POINT; THENCE N 00°05'17" E 48.11 FEET TO A POINT; THENCE N 89°55'00" W 6.50 FEET TO A POINT ON THE WEST LINE OF THE SE'/ OF SAID SECTION 8; THENCE N 00°05'17" E 0.31 FEET TO A POINT; THENCE S 89°38'12" W 1329.04 FEET TO A POINT; THENCE N 00°01'11" E 331.21 FEET TO A POINT; THENCE S 89°38'43" V'd 657.47 FEET TG A POINT; 19642-OVERALLPARCEL • ~ ~ • THENCE N 00°00'36" E 331.45 FEET 1'~O A POINT ON THE SOUTH LINE OF THE NW '/4 OF SAID SECTION 8; THENCE N 89°38'58" E 25.01 FEET TO A POINT; THENCE N 00°00'36" E 810.68 FEET TO A POINT; THENCE N 89°59'33" W 662.38 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF LOCUST GROVE ROAD; THENCE N 00°00'16" E 670.41 FEET ALONG SAID RIGHT OF WAY TO A POINT; THENCE S 89°59'39" E 483.27 FEET TO A POINT; THENCE S 55°51'09" E 314.44 FEET TO A POINT; THENCE S 65°46'37" E 588.99 FEET TO A POINT; THENCE S 68°24'37" E 195.54 FEET TO A POINT; THENCE N 00°09'39" E 1189.46 FEET TO A POINT; THENCE N 89°53'28" E 100.03 FEET TO A POINT; THENCE N 00°05'54" E 435.78 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 169.80 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. MICHAEL E. MARKS, PLS NO. 4998 BY __ r . NiEP.IDIF~N t'UBLf~ ~JC~RKS DEPT. 19642-OVERALLPARCEL _ _ ,. ~ -, - _ ,: - _... ~._.... ...._._._. I `.~ 9 "I ci G ~ .. ~ Vi ,Cl~ ,°~~~ C:, J'.r`i'~"~J9 J/ E ~•6~.~~ `'1`~. .. 5 . W _ Nw sEC ~ ioN 140.76' ~ • CORNER SEC8 ~ oC CP&F#9381309 y9 99 ~ ~ I ~ ~ EXHBT B o~ log) z `~ .]L • ~ '][' N89°53'28"E 100.03' ~_ ~ I ~ cv I , I~ ~ ° N ~ ~ o I~ to ~ ~ ~ I Z a J z 0 U W Z ~, 25.00' P<g~TctF~~Af~. i~~ ~~§C S89°59'39"E S ~fr;,RK.S ~t~~=T, w 483.27' s`SS>> ,~~ N89°36'25"E o - o ~3j Og ~. I o 193.77' ~ ~~ ~ Sss ° l o I ~ I w Sg8 ~3~'F z ~ I o I I ~0 99' c~i ~ o w ~'~'' o ~ ~ o 0 °ol O 0 0 0 0 ~ N89°59'33"W °° °° z _ _ OVERALL PARCEL ~ I a ° 662.38' 7,396,686 sq.ft. = z ? - 568°24'37"E 195.54' 169.80 acres o I 25.00' ~ w ~ 0 _ ~°I~ ~1 ~ o ol~ o z I. N 89°38'58" E 25.01' 2649.67' CENTER 1/4 CORNER 490.79' 07 - - - - - - ~ - - ~ - - - - W1/4 CORNER 662.30' ~ ~ 1962.36' S00°05'17"W 330.64 SECTION 8 _~ CP&F #102003706 ~ ~ 45.00' _ o ~ a _~ o ~ 589°38'43"W ~ - ~ ~ ~ ', o ~ z 657.47' w _ ~ ° N Z CV 07 08 0 ~ N00°05'17"E °o ~ S89°38'12"W 1329.04' 0.31 1817 z -- -- REVlslolvs PINEBRIDGE OVERALL PARCEL LEGAL Stanley Consultants ~N~. DESCRIPTION EXHIBIT 1940 S. BONITO wAY O Q 0 ° DRAWN U LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. MERIDIAN, ADA COUNTY, IDAHO MEM DATE: 12/15/06 SCALE: 1=400 SUITE 140 MERIDIAN, IDAHO 83642 208-288-0573 JOB N0. 19642 ..........I I ~...' I) ........... ~y~ c. 0 O N O ~ ~ O~~ ~ „ N89°36 25 E 193.77' W z 0 U w z w L3 ~l N w 0 0 ~ o 0 0 0 ~~z of 0 O O FAiRVIEW AVENUE '_1 c ,J, 4 ~l 08 09 co N ~ N ~~ LINE TABLE LINE LENGTH BEARING L-1 13.46 N89°55'00"W L-2 42.49 N44°54'55"W L-3 6.50 N89°55'00"W L-4 33.00 S00°20'57"E L-5 15.00 N00°20'57"W ~~ CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CHORD BEARING CHORD C1 164.20' 444.28' 21 °10'34" 83.05' S 79°03'46" W 163.27' w IN 0 0 z 0 O la w . J ~ S00°05'17"W I ``' ~ 45.00' S 89°39'03" W 2615.02' PINE AVENUE 440.75' 08 09 490.79' _ _ _ _ - - LS 1683.48' L4 353.77' 1/4 C 330.64' C1 S44°22'51 'E ~,• 22.68' r N ~ I ~ N ~I ~ OVERALL PARCEL o ; ~ ~I tD 7,396,686 sq.ft. No o N N00°05'17"E 169.80 acres ~~ ~ °' • 48.11' S71°10'34"W c°n w~ r~~ ~lo O N N ~ Z O ~ H J 2 " I REVISIONS wl J Z O M 0 °a DRAWN: U 74.43 ~ S01 °02'07"W o ~l._1 N88°55'23"W 50.00' I o - - - - 2423 39r - - - - N00°05'17"E S69°31'00"E _ o ~ ~ 97.08' 13.77' ' ° " ~ S 88 57 53 E 8 127.02' 09 08 PINEBRIDGE OVERALL PARCEL LEGAL DESCRIPTION EXHIBIT LOCATED IN SECTION 8, T.3 N., R.1 E., B.M MERIDIAN, ADA COUNTY, IDAHO MEM DATE: 12/15/06 SCALE: 1=400 I;....., ~~ ~~ "~ 1 1 ...... „~,c `q ~ - Stanley Consultants ~N~. 1940 S. BONITO WAY SUITE 140 MERIDIAN, IDAHO 83642 208-288-0573 JOB N0. 19642 uER • * • • DESCRIPTION FOR PINEBRIDGE ANNEXATION PARCEL 1 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE NW'/4, OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 8, T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°34'33" E 1591.59 FEET ALONG THE NORTH LINE OF SAID SECTION 8 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 89°34'33" E 191.60 FEET ALONG SAID NORTH LINE TO A POINT; THENCE S 00°02'34" W 325.02 FEET TO A POINT; THENCE N 89°34'33" E 95.00 FEET TO A POINT; THENCE N 00°02'34" E 325.02 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 8; THENCE N 89°34'33" E 580.75 FEET ALONG SAiD NORTH LINE TO A POINT; THENCE S 00°04'24" W 1150.10 FEET TO A POINT; THENCE N 89°36'25" E 193.77 FEET TO A POINT ON THE EAST LINE OF THE NW '/4 OF SAID SECTION 8; THENCE S 00°04'01" W 622.51 FEET ALONG SAID EAST LINE TO A POINT; THENCE S 88°13'39" W 847.84 FEET TO A POINT; THENCE N 68°24'37" W 321.74 FEET TO A POINT; THENCE S 00°02'44" E 829.49 FEET TO A POINT; THENCE S 89°38'58" W 817.40 FEET TO A POINT; THENCE N 00°00'36" E 660.67 FEET TO A POINT; 19642-ANNEXATION PARCEL 1 !• i ~ THENCE N 89°59'33'' W 687.38 FEET TO A POINT ON THE WEST LINE OF THE NW '/4 OF SAID SECTION 8; THENCE N 00°00'16" E 670.41 FEET ALONG SAID WEST LINE TO A POINT; THENCE S 89°59'39" E 508.27 FEET TO A POINT; THENCE S 55°51'09" E 314.44 FEET TO A POINT; THENCE S 65°46'37" E 588.99 FEET TO A POINT; THENCE S 68°24'37" E 195.54 FEET TO A POINT; THENCE N 00°09'39" E 1189.46 FEET TO A POINT; THENCE N 89°53'28" E 100.03 FEET TO A POINT; THENCE N 00°05'54" E 476.54 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 69.47 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. RSV v~ FP~?i~A€~ t!n ~~ D~KS E~EF''6.iC MICHAEL E. MARKS, PLS NO. 4998 f..~~ `t_`~• ~ „~ .xeµf~,R r d"~ ;mw ~. r b , { ~~ { ~~~ ~ ~ ~"a.°" 2 19642-ANNEXATION PARCEL 1 S 89°34'33" W 06 05 07 08 1591.59' W 0 0 I ~ N p z la N . ~ I~ J4I I I w N ~ ~ ~ m ~ ~ o ~ N S89~59'39"E 508.27' .SSSSJ, oz 3,~R°9F A 4 6~ 6 o I~ S88g9~F ~' CO O ~~ ~ S68°24'37"E ~ 195.54' ~ N89°59'33"W ~ 687.38' U O J ~ O ' W Oo' O ~ O ~ ~ ~ ~ W I ~~~ CIA O CO I ~ ~ I ~ fTl ~ O ~p O p p ~ Z o• ~ p S89~38'S8"W I 817.40' N 89°38'58" E ° ~7 08 687.31' N H Z Q r J Z O U w J z REVISIONS PINEBRIDGE ANNEXATION PARCEL ONE (1) LEGAL DESCRIPTION EXHIBIT O Q 0 0 2652.58' 1/4 CORNER FAIRVIEW AVENUE _ 05 191.60' 580.75' 193.64' 8 N ;~ O ,ten N N N00°02'34"E ~ o I co o ``~ 325.02' ~ o ~ p N ~ N89°34'34"E I of 95.00 ~ `n ~+ o ° N c- N89°53'28"E ~ o o ~n 100.03' op = o ~i ~~ I ~ N ANNEXATION PARCEL 1 ~ I 3,025,929 sq.ft. 69.46 acres N89°36'25"E 193.77' ~~~ ~ N O N O I CO O ~ w ~ O 24 3~,. `321 ~4 W 58813'39"W ~ 0 847.84' N p r~ o o z n;~ 00 ' ~~~ F.l ~ _ , M ~ ~ KS DEF'F.'~ I -- ~ LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. MERIDIAN, ADA COUNTY, IDAHO Stanley Consultants ~N~. 1940 S. BONITO WAY SUITE 140 MERIDIAN, IDAHO 83642 208-288-0573 DRAWN: M EM ~ DATE: 12/ 15/06 SCALE: NTS ~ JOB N0. 19642 • DESCRIPTION FOR PINEBRIDGE ANNEXATION PARCEL 2 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE SW '/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SW '/ OF SECTION 8 (WEST'/4 CORNER), T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°38'58" E 662.30 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 89°38'58" E 1987.37 FEET TO THE NORTHEAST CORNER OF THE SW'/4 (CENTER'/4 CORNER) OF SAID SECTION 8; THENCE S 00°05'17" W 662.33 FEET ALONG THE EAST LINE OF SAID SW'/4 TO A POI NT; THENCE S 89°38'12" W 1329.06 FEET TO A POINT; THENCE N 00°01'11" E 331.21 FEET TO A POINT; THENCE S 89°38'43" W 657.47 FEET TO A POINT; THENCE N 00°00'36" E 331.45 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 25.22 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. _ ~= ~_`~ ~~ E~cViE ~ PP OVkL I~i,~~ f RF_. f/IERIGiA~ PUBLIC V~JORKS DEPT, 19642-ANNEXATION PARCEL 2 1/4 CORNER 06 os FAIRVIEW AVENUE os 07 08 S 89'34'33" W 2652.58' r o . z to ~o ~ C I O m I ANNEXATION m ~ I ~' PARCEL 1 I ~ ~ I O mIN N ~ ~ w ~ ~ U o ~ o D ro -..._._ .............--- - .._ ......._. P ~ _ 07 Og 2649.67' CENTER 1/4 ~~ 1987.37' z 0 w o z ~ o co o ~ ~~ ~ N Gi ~ p) O ~'' ANNEXATION PARCEL 2 °' U ~ °o S8~'38'43"W r°ii v m ~ 657.47' ,098,607 sq.ft. W ~ Z Z 25.22 acres o W r w o D ~ o N m D I 589'38'12"W ~ -----..__....-- - --. _._ ~ e 1329.04' Q, w ~ ~ A N LAYNE INDJrJSTRIAL PARK o w B~ VIE OVtiL z ~ J N Z ~~xcRlGtAPd PUBLIC ~`V~='~v`` rEPT REVISIONS PINEBRIDGE ANNEXATION N PARCEL TWO (2) Stanley Consultants.NC. ~ LEGAL EXHIBIT 1940 S. BONITO WAY LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. SUITE 140 MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 208-288-0573 DP,AWN: M EM ~ u~TE: ' ~/ 15/06 SCALE: 1 " =400' JOB N0. 19642 I • ~ • • DESCRIPTION FOR PINEBRIDGE REZONE PARCEL 1 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE SE'/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SE'/4 (EAST'/4 CORNER) OF SECTION 8, T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE S 89°39'03" W 440.75 FEET ALONG THE NORTH LINE OF THE SE '/4 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°20'57" E 33.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE; THENCE N 89°39'03" E 353.77 FEET ALONG SAID SOUTHERLY RIGHT OF WAY TO A POI NT; THENCE S 44°22'51" E 22.68 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; ALONG THE WESTERLY RIGHT OF WAY OF EAGLE ROAD THE FOLLOWING: THENCE S 01°02'07" W 770.98 FEET TO A POINT; THENCE S 71°10'34" W 74.43 FEET TO A POINT; THENCE S 01°02'07" W 50.00 FEET TO A POINT; THENCE S 69°31'00" E 13.77 FEET TO A POINT; LEAVING SAID WESTERLY RIGHT OF WAY OF EAGLE ROAD: THENCE N 88°55'23" W 2423.39 FEET TO A POINT; THENCE N 00°05'17" E 97.08 FEET TO A POINT; THENCE N 89°55'00" W 13.46 FEET TO A POINT; 19642-~F,7QNF pARCFT 1 • ~ ~ • THENCE N 44°54'55" W 42.49 FEET TO A POINT; THENCE N 00°05'17" E 48.11 FEET TO A POINT; THENCE N 89°55'00" W 6.50 FEET TO A POINT ON THE WEST LINE OF THE SE'/ OF SAID SECTION 8; THENCE N 00°05'17" E 617.64 FEET ALONG SAID WEST LINE TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE; ALONG THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE THE FOLLOWING: THENCE N 89°39'03" E 330.64 FEET TO A POINT OF CURVATURE; THENCE 164.20 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 444.28 FEET, A DELTA ANGLE OF 21 °10'34", A TANGENT OF 83.05 FEET AND A CHORD BEARING OF N 79°03'46" E 163.27 FEET TO A POINT ON A CURVE; THENCE N 00°20'57" W 15.00 FEET TO A POINT; THENCE N 89°39'03" E 1683.48 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. SAID PARCEL CONTAINING 49.64 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT I O ALL EXIS I ING EASEMENTS AND RIGHTS OF WAY. RE\fIE\M ~~PROVAL @Y R"ERi~iP.r~ PUBLIC FORKS pEPT. 19642-R F_7,~NF P A R CF,T 1 ...... CENTER 1/4 CORNER PINE AVENUE 1/4 CORNER N 89°39'03" E 2615.02' 440.75' Og 09 -- - _ 00' 495' ' - - 1683.48 77' 353 330.64 N 89'39'03" E C1 N00'20'57"W ' . N 89'39'03" E 15.00 S00'20'S7"E S 44°22'51 "E ' ' I~ 22.68 33.00 ~ I '` REZONE PARG-i 1 °~~ '~ ~ ~ CO 2,162,334 sq. ft. ~~° N w L3 N00'05'17"E 49.64 acres ' ' " ° N ~ W 571 10 34 I o L2 48.11' 74.43' ° 0 L1 N00°05'17"E S01 °02'07"W ' ° z 97.08' N 88°55'23"W 50.00 I • 2423.39' S69'31'00"E o 13.7 7' ~ Im ° S 88'57'53" E w ' J w N ~ 127 02' I . N 1/16 CORNER I ~ ~ ~. o N O 08 FRANKLIN ROAD S 89'39'17" W 08 09 ~1ER;DtAf~ Ptv~~l{E; ~ 2570.96' 17 16 4`4`~R~S GEP'€ X1/4 CORNER LINE TABLE LINE LENGTH BEARING L-1 13.46 N89°55'00"W L-2 42.49 N44°54'55"W L-3 6.50 N89°55'00"W CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CHORD BEARING CHORD C1 164.20' 444.28' 21'10'34" 83.05' S 79'03'46" W 163.27' REVISIONS PINEBRIDGE REZONING PARCEL (1) LEGAL Stanley Consultants tN~. DESCRIPTION EXHIBIT 1940 S. BONITO WAY LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. suITE 140 MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 208-288-0573 M EM DATE: 12/ 1 5/06 SCALE: 1=400 I JOB N0. 19642 • • • • DESCRIPTION FOR PINEBRIDGE REZONE PARCEL 2 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE NW'/~, OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NW'/ OF SECTION 8 (WEST'/ CORNER), T. 3 N., R.. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°38'5$" E 687,31 FEET ALONG THE SOUTH LINE OF THE NW '/4 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 00°00'36" E 150A0 FEET TO A POINT; THENCE N 89°38'58" E 817.40 FEET TO A POINT; THENCE N 00°02'44" W 829..49 FEET TO A POINT; THENCE S 68°24'37" E 321..74 FEET TO A POINT; THENCE N 88°13'39" E 847.84 FEET TO A POINT ON THE EAST LINE OF SAI D NW '/; THENCE S 00°04'01" W 880032 FEET TO THE SOUTHEAST CORNER OF SAID NW'/4; THENCE S 89°38'58" W 1962.,36 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 26.03 ACRES MORE OR LESS., THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. REVI APP V<1L BY MERIDIA~4 FUBL&G \NORKS DEPT. 19642-REZONE PARCEL 2 • • • • DESCRIPTION FOR PINEBRIDGE REZONE PARCEL 3 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE NW'/4, OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 8, T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°34'33" E 1783.19 FEET ALONG THE NORTH LINE OF SAID SECTION 8 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 89°34'33" E 95.00 FEET ALONG SAID NORTH LINE TO A POINT; THENCE S 00°02'34" W 325.02 FEET TO A POINT; THENCE S 89°34'34" W 95.00 FEET TO A POINT; THENCE N 00°02'34" E 325.02 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 0.70 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. s I~ 7'~~D REVlt~E~OV~4L ~~t_~ y N~ERIDII~R~ PUBLIC 1NORKS pEP~; MICHAEL E. MARKS, PLS NO. 4998 19642-REZONE PARCEL 3 ... 06 05 07 OS r O n c c~ 0 m O D PINE 07 oe AVENUE N89'38'S8"E 687.31' v1''GS~~ --~ ~~~ ~~ E ~ ~-~~~a t~~~~` ~' ~. REVISIONS PINEBRIDGE REZONING PARCEL (2) LEGAL Stanley Consultants .NC. DESCRIPTION EXHIBIT 1940 S. BONITO WAY LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. suITE 140 MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 I 208-288-0573 FAIRVIEW AVENUE • • 05 1/4 CORNER ~ L 5327 ~3~F N88°13'39"E 847.84' z 0 wIo N ~ o N O CO-~-~~- REZONE PARCEL 2 010 ,oz° ~ 1,133,930 sq.ft. Nlo o °0 26.03 acres o w o_ rn ~-i N89°38'58"E 817.40' CENTER 1/4 CORNER S89'38'58"W ~~ 1962.36' ODRAWN: MEM DATE: 12/25/06 ~ SCALE: 1=400 ~ JOB N0. 19642 ~ ......' '~ II........,I ........... ;I ;U ,.....,, .;~ ,i ,.,,, re~~ .........I 14.,.....E I~.,.....J S 89"34 33" W 2652 58' 4 3 3 E N 8 1/4 0RNER 06 OS FAIRVlEW AVENUE 0 0 95 05 07 O8 ~ 1783.19' 774 39' 8 N 00'02'34"E 325 02' S00"02 34 W 325 02' ~~ ° c.~ ~ S89"34 34"W u°> m i 9500 ( ~i `N° N ~ REZONE PARCEL ~ , ~ 30,876 sq ft ~ i o 0 71 acres i 0 a ~ l I ~ I I .o ,. I~ I U O I~ w ~~ o w 0 o zip, I~ 0 .,, . o 0 -~ - - ___---1 Z 07 a8 v~.~. ~EV~E gY e~~t; £t~ ... z N POg~I~ ,~i ~ DRKS p~P Z REVISIONS PINEBRIDGE REZONING Q PARCEL 3 LEGAL ° N ~) Stanley Consultaryts ~~~ ~ DESCRIPTION EXHIBIT 1940 S B0N1T0 WAY LOCATED IN SECTEON 8, T..3 N., R 1 E., B.M.. suiTE 140 `~ MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, JDAHO 8364. 208-288-0573 a °a DRAWN: MEM DATE: 12/15/06 SCALE: 1=400 JOB N0. 19642 U ,,, .,,...,;'I ................. .........~ ...~,......,,I ;..... ..... . • ~ ~ ~~~. • ~~I,;..~~, ....,uP ~~ i~ ... ... ........ ~il~y OrIi+I°3'iG1aI1 City ~;lerr Oi~ice CITY OF MERIDIAN E IDIAN*;--~- FINDINGS OF FACT, CONCLUSIONS OF LAW AND I D A tI 0 DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 94.69 acres from Rl and RUT (Ada County) to C-G (General Retail & Service Commercial) District; Rezone of 75.67 acres from I-I, (Laght Industrial) District to C-G (General Retail & Service Commercial) District; Preliminary Plat of 61 building lots and 21 common lots on 170 +/- acres; and Variance for two access points to N..Eagle Road, by Stanley Consultants. Case No(s).. AZ-07-006, RZ-07-010, PP-07-008, and VAR-07-007 For the City Council Bearing Date of: October 16, and 23, 2007 (Findings on the November 7, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall, exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-006, RZ-07-010, PP-07=008, VAR-07-007 -1- • . • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities. and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Descriptions, Preliminary Plat, Conditions of Approval, and Development Agreement provisions, all in the attached Staff Report for the hearing date of October 23, 2007, 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 Annexation and Zoning request, as evidenced by having submitted the legal description and exhibit map, stamped and dated February 5, 2007, by Michael Marks, PLS, is hereby conditionally approved; 2. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of October 23, 2007, incorporated by reference; 3. The Applicant's Rezone request, as evidenced by having submitted the legal description and exhibit map; stamped and dated February 5, 2007, by Michael Marks, PLS, is hereby conditionally approved; 4. The Applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 3/5/07 is hereby conditionally approved; and, 5. The Applicant's Variance request for an access point to Eagle Road/SH 55 from Commercial Street is hereby approved; 6. The Applicant withdrew the Variance request for an access point to Eagle Road proposed between Commercial Street & Pine Avenue; and 7. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of October 23, 2007, incorporated by reference. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-006, RZ-07-010, PP-07-008, VAR-07-007 -2- • • • • D. Notice of Applicable Time Limits Notice of Twelve (12) Month .Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) yeaz of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional tune extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 23, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-006, RZ-07-OIO, PP-07;008, VAR-07-007 -3- • • ~ ~ By action of the City Council at its regular meeting held on the ~ ~' day of 2007. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ATTEST: ~~_~. VOTED__~~~ VOTED_ I~~~!~ VOTED_ (~~G~ VOTED_ C~K!~v VOTED MAYOR ~' de~~WEER ~ ~o ~J~ n~ WILLIAM G. BERG, JR., TY ; LERI~ ~~ ,~~' ~ ~ . Copy served upon: /' Applicant //,/~~~~~~-~~~~~ i~~~~~~~`~`````` ~/ Planning Department ~/ Public Works Department City Attorney By: Dated: Ity Clerk's Office ~" ~~~~~ CITY OF MER]DIAN FINDII~TGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-006, RZ-07-030, PP-07-008, VAR-07-007 -4- ~• ~ ~~ ~ .. ',~4,~1 t~~l!~ ~~I I~~ ~C:P'1:V1~C11' f'i"UF+'1i11~I:P hll ~'iJfl:.lllh;ld:::~ L:;i;~..Ul~' i~~V:]I:I•~I,;.!::{, !:I:V~;:I";' G:::I'If'i~' 4:)N~ )'~~YG5ti1:'ill/~.l'~~I I IL..'~I'~h,;Llh~l~~a l:;ilf'.I:: STAFF REPORT HEARING DATE: October 23, 2007 (Continued from September 18, October 2, and October 16, 2007) TO: Mayor & City Council FROM:. Sonya Wafters, Associate City Planner ~, IDIAN*~^' (208) 884-5533 I D A H O SUBJECT: Pinebridge • AZ-07°=006 Annexation and Zoning of 94.69 acres from R1 and RUT (Ada County) to C- G (General Retail & Service Commercial) District • RZ-07-010 Rezone of 75.67 acres from I-L (Light Industrial) District to C-G (General Retail& Service Commercial) District • PP-07=008 Preliminary Plat of 61 building lots and 21 common lots on 170 +/- acres • VAR-07-007 Variance for two access points to N. Eagle Road 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Stanley Consultants, has applied for Annexation and Zoning (AZ) of 94.69 acres from R1 and RUT (Ada County Zones) to C-G (General Retail and Service Commercial) District; Rezone (RZ) of 75.67 acres from I-L (Light Industrial) District to C-G Zone; Preliminary Plat (PP) consisting of 61 commercial building lots and 21 common lots on 170 +/- acres; and a Variance (VAR) for two access points to N. Eagle Road. As part of the AZ & RZ applications, the applicant has submitted a conceptual site plan showing the proposed uses and layout of the development along with conceptual building elevations of some of the proposed buildings. The Pinebridge development is proposed to consist of approximately 3,000,000 square feet of commercial, light office, and multi-family residential uses and a medical campus. Buildable lots for the~;proposed subdivision range in size from 0.43 of an acre to 13.62 acres. The proposed development will also result in the extension of E. Pine Avenue between Locust Grove and Eagle Road, which will serve as the primary east/west connection for the proposed development. The proposed Pinebridge Avenue will serve as the primary north/south connection between Fairview Avenue and Pine Avenue. Two roundabouts are proposed for Pinebridge Avenue and Pine Avenue; one is proposed for the intersection of Pine Avenue and Webb Avenue and a second one is proposed for the intersection of Pinebridge Avenue and E. State Avenue. Across-access agreement(s) will be provided for the development to allow for shared parking. A Variance is requested for :two access points to Eagle Road; the first access request is for the continued use of an existing access point on Commercial Street that has been used by Elixir, and the second request is for a new access point which will be located on Eagle Road halfway between Pine and Commercial. The VAR for access points are required due to a change in use of the property and because the locations proposed do not comply with the spacing requirements of the UDC. The overall site consists of approximately 170 acres and is located on the south side of E. Fairview Avenue, on the east side of N. Locust Grove Road, on the west side of N. Eagle Road, and on the Pinebridge AZ RZ PP VAR PAGE 1 f:l`ll"'h~'' ~[)3:~ PaN1 .9~,..IL..VI,~'~,I'+~ ]f'L...<<~+~I''d'I'~fI]`JC.i Ill I'':'e~lf::a''~~• 4I I T~,.:I i'I VI~;`;f' I i it"'. '11"Illli 161h'.„~+~„f~ IJ IQ i ]::1~~1~1= ~'~:Uf.:ll I ~ I, ::!111;7 north side of E. Commercial Street. T'he subject property is rx+ithin the City's Area of Impact and the Urban Service Planning Area. 'Part of the subject property, 75 acres, is already annexed into the City. The remainder, 95 acres is still zoned in the County. 2. SUMMARY RECOMMENDATION The subject applications (AZ; RZ, PP, & VAR) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning, Rezone, Preliminary Plat, and Variance applications. Staff is recommending approval of the proposed AZ, RZ, & PP applications but is recommending denial of the VAR request per the conditions listed in Exhibit B of the Staff Report, based on the Findings in Exhibit D of this report. (The Commission is not required to make a recommendation to City Council on the Variance request.) The Meridian Planning & Zoning Commission heard these items on May 17, June 21, July 19, i. In favor Dan '1'ori3n DMti Investments; ,lacK ~;orramtar~e ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: Caleb Hood h, Kev Issue(s) of Discussion by Commission: i. T_he timeline of the extension of Pine Avenue to Locust Grove Road; ii. T_he existence of historical structures on the property and what the Applicant intends on doing with them; iii. The location of the 10-foot wide multi-use pathway required by the Master Pathways Plan through the site; iv. The requirement for a final plat to be signed prior to issuance of any occupancy permits on the site; v. Requiring the Applicant to provide cross-access to adiacent industrial eroperties• require access from Yine Avenue; ii. Modify condition 1 1 3 in Exhibit B, regarding structures being built adiacent to roadways with parking to the rear and sides of the structures, to the "maiority" of parkin to the rear and sides of the structures. iii. Modify condition 1.2.6 in Exhibit B, regarding cross-access and driveway stubs, to not require cross-access to the Elliott Group and H2NR parcels but require emergency access to be provided to the H2NR parcel at the southeast corner; still require cross-access to the Cortabitarte and Belair parcels; iv. On condidcPn 2.14 in Exhibit B, include the pro~~sions of the UDC that allow for the property: v. Pinebridge AZ RZ PP VAR PAGE 2 f:;ll"I"'1 LhI' :'~~~1I:::F+..1.4::UL~+~~:I ~I falf..ty~.lwl,"rlV1'~14a 1CbIf.~1 ~ h~l lli.l''d• ~i_I 1:~ 'I•I,:I I{'4 I li:ai" !I 4 I I~ ";1'1:.:1:1 N1I:; 4,If1,11'h~diCil 11:'1 •'I:III~ I•';IIf:!i;l I~~ ' a~, ~CQ:If.;l'7 vi. Modify condition ~ 6 in Exhibit B which restricts the Pinebridge/Fairview ~, Outstanding Issue(s) for City Council: i. Historic Preservation Commission should provide a recommendation to the City Council regarding the historic structures on the site; Applicant should also comments from the HPC to determine if any of the buildings should be preserved. ii. The Commission re nested that the A licant and Staff work to ether to come up with a condition that would allow for occupancv permits to be issued prior to flat recordation Staff met with the Applicant and came up with the following condition• "Where there are existing utilities and where the surrounding public roads are fixed the Applicant shall be allowed up to 7 occupancv permits prior to final plat recordation The Planning Director and the Development Services __ _ _ .. ..~_ i__~ a_ __.___J 1Z\ in. regarding access to their property once Pine Avenue is widened. The Applicant is workin with ACHD and BCI to resolve the access issue. Staff is unaware of g, ~nmmarv of ity Council Public Hearing• i. I_n favor: Dan Torl"in. Applicant's Representative: Mike Ford: Dennis Baker: Track F.wing_ vii. In onnosiNon• Dave Gratten Blue Crocc of Idaho viii. CommenHnQ• Garv Inselman ACRD: Pat Dobie ix. Wrlttelltp~fimnnv• 7.elda eYer_Sylvia Blue Cross of Idaho x. off nrecentinn annlication• Anna Canning xi. Other staff cnmmpntina nn application: None g, Key Issues of Disc~~ssinn by Counc 1: j. ~~Apphcant chmilri meet with the Aictnrir Preservation COmmISSIOn tU determine if any of the Pxi_c-t!I1~ ctructt!rec on the cite are considered historic and should be preserved: ii. The cignali~ation of the Fairview/Pinebrid~e intersection: iii. The r location of Blue Cross' driveway further to th west away from the gjgg~,~pj~ intersection• iv. Traffic impacts on Eagle Road and adjacent roadways: y, Prnnncnr~ access nnintc to F.aule Road: Pinebridge AZ RZ PP VAR PAGE 3 I; I'll"''u i;;lli~ Ih,91%:a~~:I111:,11114a'~d I',L..,•4.Pdl'I[I Id.., f.:;lllal';hiJ~l..a,..I.'~I I°' I~.I'"I'LUI'll' F'f'il' f IIII III ,4.-~I;:Ih~d6:i Iahi~Jl i,~~~..bl::l~ ~ i, 2:~I:Vi;I"~ vi. Withdrawal of the Variance request for the access noint to Eagle Road between rcial and Pine: C m ~ om e up., (`nnn~il f'lhanoec to Staff/Commission Recommendation i. Modify condition_~t ~ to rPQAr.t.n_o th_e timing of the extension of Pine Avenue to Locust Crove Road to prior to issuance of anv Certificate of Occunancv rather than Certificate of 7,onina Comn_ fiance for huildinus that would require accecc from Pine Avenue. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers A~07- 006, R~07-010, PP-07-008, & VAR-07-007 as presented in staff report for the hearing date of October 23, 2007, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07- 006, RZ-07-010, PP-07-008, ~& VAR-07-007 as presented during the hearing on October 23, 2007, for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance ; I move to continue File Numbers AZ-07-006, RZ-07-010, PP-07-008, & VAR-07-007 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: , South of E. Fairview Avenue, East of N. Locust Grove Road, west of N. Eagle Road, and north of E. Commercial Street (seepage 2 of application for specific parcel numbers). Section 8, Township 3 North, Range 1 East b. Owner: DMB Management, LLC 250 S. Beechwood, Ste. 120 Boise, Idaho 83709 c. Applicant: Stanley Consultants 1940 S. Bonito Way, Suite 140 Meridian, ID 83642 d. Representative: Michael Wilson, Stanley Consultants e. Present Zoning: RI (AdayCounty), RUT (Ada County), C-G (General Retail and Service Commercial), and I-L (Light Industrial) £ Present Comprehensive Plan Designation: Mixed Use -Community, Mixed Use -Regional, and Industrial ' g. Applicant's StatementlJustification: From Applicant's narrative submitted with application, "Pinebridge Subdivision will provide the City of Meridian with high quality commercial uses, Pinebridge AZ RZ PP VAR PAGE 4 ~,..,1.'ll"'1i' ~f,) If ~ IGh C? FtLY: ~ N rh.P~~l li' L.;'4,1' ~~ I f f l ' 4 a f.:;r I :1P'<<~~,~~I I:P~d' •; 41 1 F~;.:I:- :I''d;;47? `V• pr f::;~ lf;. '1f ;1-If lf::, 11-II If:~ ~4 X11 L I l it ; :I :~ ; ~L ] .I' i~ J~IiG I ] ~ ' I , :: i;o[f offices, multi-family residential development, and a proposed medical campus. Approximately 3,000,000 square feet of residential, conunercial, and light office uses are proposed for Pinebridge. The large scale of the proposed development will result in significant job creation and property tax revenue for the City of Meridian. The proposed development will also result in the construction of the extension of E. Pine Avenue between Locust Grove and Eagle Road; this extension will provide a critical road connection for the City of Meridian... The proposed multi- family residential component of Pinebridge will help to add to Meridian's diversity of housing types by adding multi-farruly housing to a housing inventory that is made up primarily of single- family residential development... Pinebridge Subdivision will be an innovative, vibrant, mixed- use development which will provide quality commercial and office development, a medical campus, and multi-family housing." (See applicant's narrative for more information.) 5. PROCESS FACTS a. The subject application will in fact constitute an Annexation and Zoning as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. b. The subject application will in fact constitute a Rezone as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. c. The subject application will in fact constitute a Preliminary Plat as deternned by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. d. The subject application will in fact constitute a Variance as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the City Council on this matter. ~ e. Newspaper notifications published on: April 30, 2007 and May 14, 2007 (Commission); August 27 2007 and September 10, 2007 (City Council) f. Radius notices mailed to properties within 300 feet on: Apri120, 2007 (Commission); Au ust 24, 2007 (City Council) ~ g. Applicant posted notice on site by: August 6, 2007 (Commission); September 27, 2007 (City Council 6. LAND USE a. Existing Land Use(s): There are a few existing single-family homes and associated outbuildings on this site but the site primarily consists of vacant land. b. Description of Character of Surrounding Area: The area surrounding this site consists primarily of industrial uses and vacant undeveloped land with some office and commercial uses, with a multi-family development to the north of the site. c. Adjacent Land Use and Zoning: North: Commercial uses, zoned C-G; Vacant undeveloped property, zoned RUT (Ada County); multi-farnily`residential development, zoned R-40; Industrial, commercial, & office uses, zoned I-L East: Industrial, commercial & office uses and undeveloped property, zoned I-L; Commercial property, zoned C-G 3. South: Industrial property, zoned I-L; offices, zoned L-O; school, zoned L-O Pinebridge AZ RZ PP VAR ~ PAGE 5 .I ~_, ., i ~1•I~ ~I ~I I IILI..I'iVI;II ~ i iP' IIJ-;I; ~IIII.~~II+II14:r I..D.,I~..DI ~I)i.i1-:F;..!,~,.?'~.N~4;1 l.:a'1~"' u l k~ IwT;<:.lN, a f:;i ll; ~.I`J If'L.. / i.l"~I I f I I ! 4...i I:;I:I. I 1-i, I~r: .. 4. West: Industrial. property, zoned I-I,; ~~'acant ground, zoned Rl1T in Ada County; Commercial property,'zoned C-G; residential property, zoned R-8 and R-40 d. History of Previous Actions: • The northern portion of this property was previously platted in Ada County as part of Pleasant Valley Subdivision; a very small southern portion was platted as part of Gemtone Center Subdivision No. 5; and the rest has not been previously platted. • A development application was previously submitted for Pinebridge in 2005 (AZ-OS-013, PP- OS-015, & CUP-OS-020) that included ail of the subject property except for the portion east of N. Machine Avenue. This previous application was withdrawn by the Applicant. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This property is proposing to sewer to mains located in Locust Grove Road, East Fairview Ave and East Pine Ave. Location of water: This property is proposing water service to mains located in Locust Grove Road, East Fairview Ave and East Pine Ave. Issues or concerns: None 2. Canals/Ditches Irrigation: There are a few irrigation ditches and drains that traverse through or adjacent to this site: All open imgation ditches, laterals and canals, should be tiled when this property develops.. 3. Hazards: The Planning Department is not aware of any hazards associated with this property. 4. Proposed Zoning: C-G (General Retail and Service Commercial) 5. Size of Property: 170 +/- acres f. Landscaping 1. Width of street buffer(s) adjacent to: E. Fairview Avenue: N. Locust Grove Road E. Pine Avenue: ; N. Eagle Road: Pinebridge Avenue: E. Commercial Street,, E. Wilson Lane: E. State Street: E. Shellbrook Drive: N. Webb Avenue: N. Machine Avenue: 25 feet (principal arterial) 25 feet (Honor arterial) ZS feet (minor arterial) 35 feet (principal arterial & entryway corridor) 20 feet (collector) 20 feet (collector) 20 feet (collector) 10 feet (local) 10 feet (local) 10 feet (local) 10 feet (local) Note: UDC Table 11-2B-3 lists the required street buffer widths for the following street classifications: Street landsca e buffer in feet Local 10 Collector ~ 20 Arterial 25 Pinebridge AZ RZ PP VAR i PAGE 6 ~ i i i i 1 ~i ~ i i ~ i:'I`If"~i .ill' l~'ll.l :I,:II)L~i 1 I.~~,''~dl LI ll...r I:;Vf~l{',u~ll:~' I' i.l:I:r I~;.Ei;f'i_;il~t.l if C:;i161,'I[']lifli I11:.~4.iA I lil i I::P.i~~:.DP ~l:hlal:::I~,.::~ ':I;il:;i;~ [Entryway corridor 35Y If the street classification of any of the above-listed streets is incorrect, please refer to the table above for the correct buffer width. Street buffers shall be constructed in accordance with the standards listed in UDC 11-3B-7C, Landscape Buffers along Streets. 2. Width of buffer(s) between land uses: A 25-foot wide buffer is required adjacent to all residential uses. Buffers shall be constructed in accordance with the standards listed in UDC 11-3B-9C. 3. Common open space: NA (Common open space will be required with CUP approval of the multi family residential portion of the development, per UDC I1-4-3-27C.) g. Amenities: NA (Amenities will be required with CUP approval of the proposed multi family residential portion of the development, per UDC 11-4-3-27D.) h. Off-Street Parking: One off-.street parking space is required for every 500 square feet of gross floor area in commercial districts, per UDC 11-3C-6B. (See UDC I1-3C-6for required number of off-street parking spaces for residential use.) i. Required Dimensional Standards for the C-G zone: Front setback: 0 Rear setback: 0 Interior side setback: 0 Maximum building height: 65 feet Maximum building size without design standard approval: 200,000 square feet (See UDC 11-4-3-27B for specific dimensional standards for Multi family Residential Use) Summary of Proposed Streets and/or Access: Access to the proposed development will primarily be provided from E. Fairview Avenue via Pinebridge Avenue, and N. Eagle Road & N. Locust Grove Road via Pine Avenue. The applicant is proposing to construct Pinebridge Avenue south from E. Fairview Avenue.and extend E. Pine Avenue to the west from N. Eagle Road to N. Nola Road, which will serve as the primary access points into the development. Pinebridge Avenue will be constructed within 64 feet ofright-of--way with a 46-foot wide street section (measured back to back), curb, gutter, and a 7-foot wide attached sidewalk. Pine Avenue will be constructed within 96 feet of right-of--way with a 72-foot wide street section (measured back to back), curb, gutter, a 5-foot wide planter, and detached 5-foot wide sidewalk. East Wilson Lane is proposed to stub to the west at the northern portion of the development for future connection to the existing Wilson Lane west of the site. East State Street is proposed to connect to the east to an existing segment of State Street. North Webb Avenue and North Machine Avenue are proposed to connect to the south to existing segments of these streets. North Newbridge Place will be constructed to the south from E. Pine Avenue to provide access to Lots 4 & 5, Block 2. East Shellbrook will provide access from N. Locust Grove Road to the proposed multi-family portion of the development and connect to Pinebridge Avenue. Commercial Court (an existing private road) runs along the south boundary of the site. Across-access agreement will be recorded for Pinebridge to allow for shared parking. Staff is generally supportive of the proposed street system within the development with the comments and conditions stated in Section 10, Analysis, and Exhibit B of this report. However, Staff is not supportive of the access points proposed on Eagle Road/SH 69 (see Section 10, Analysis, below for more information). Pinebridge AZ RZ PP VAR PAGE 7 ~I::'If f.'Y' f,:Pl b111:..1 [I(.Ul.:~,,i'I I'11.1~~1'~,I~hll li it 1::7h.I"64~'Iaf.':p,~~.!',,f~']P~ Ifl.;faf'4;I]PI,'If 'I ~ V,I ..Lp.fl fil 4,.1:+.111 ~.:ii I[;U,~Q:.il.'•';;~If:il'I. 1f'. "; !fai)1 7. COMMENTS MEETING On April 27, 2007 a joint agency and department meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS A majority of the subject property is designated "Mixed Use -Community" (MU-C) and "Mixed Use - Regional," (MU-R) with a 1.5 acre portion designated as "Industrial" on the Comprehensive Plan Future Land Use Map. The proposed C-G zoning district is compatible with the afore-mentioned Mixed Use designations but is not compatible with the Industrial designation. The Comprehensive Plan (page 98) states that "the areas depicted on the Future Land Use Map are conceptual and, therefore, will require further analyses prior to the creation of a zoning map." Staff believes that a map amendment is not necessary for the industrial designated property and that the requested C-G zone and commercial use of this property would be more appropriate because of the property's size (1.5 acres) and proximity to Mixed Use designated land. Per Chapter VII of the Comprehensive Plan, the Mixed Use land use category contains five sub- categories. "Generally, the rruxed-use designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual site 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." The MU-C category allows for residential densities of 3 to 15 units per acre. Sample uses in this category also include: grocery stores, drug stores, coffee/sandwich shops, dry cleaner/Laundromat, professional offices, retaiUgift shops, clothing stores, garden centers, restaurants, banks, drive-thru facilities, auto service stations, department stores, medicaUdental clinics, schools, parks, churches, public uses, clubhouses, hardware stores, salons, and daycares. The MU-R category allows for residential densities of 3 to 40 units per acre. This category includes all of the afore-mentioned uses allowed in the MU-C category and also includes entertainment uses, major employment centers, and clean industry. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the subject property in the following manner: - Sanitary sewer and water service will be extended to the project at the developer's expense. - A portion of the subject lands currently lies within the jurisdiction of the Meridian Rural Fire District and a portion lies within the jurisdiction of the Meridian City Fire Department. Once annexed the lands that are currently in the County will be under the jurisdiction of the Meridian City Fire Department, who shares resource and personnel with the Meridian Rural Fire Department. - The portion of the subject property that is currently in the County is under the jurisdiction of the Ada County Sheriff's Office. The portion that is currently in the City is Pinebridge AZ RZ PP VAR PAGE 8 d.. L .~...,,, lip{ 14'11-. {~ { I I~l_~!~~''~I .I' L. ~~Il ~ I' fll L.r {..~!I°,l{'.~'~'.~ IL'.i~~~,~'e{{ {{' f'tlf: l'I U{!'.1_ ~f'Q.1{~'~, {~ .{-iI1{:: ~{"{{{f'. ~~4 {'4 { I''l l...r L.P.d~~ 11::: •._JI:kII::.I:d, r.'.:!, ,?LI(,4 ~' under the jurisdiction of the Meridian Police Departrr~ent (i'~IPD). Unce the County portion is annexed, all of the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD) except for N. Eagle Road (SH SS), which is owned and maintained by the Idaho Transportation Department (ITD). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter VII, Goal I, Objective B -Plan for a variety of commercial and retail opportunities within the Impact Area. The applicant plans to develop the property office, and retail uses; with a medical campus. a variety of uses in this area of the City. with a mix of multi family residential, light The proposed use of the property will provide Chapter IV, Goal II -Diversify economic base of City -make Meridian more than a "bedroom" community. Per the Applicant's narrative, the proposed Pinebridge development is planned to add approximately 3, 000, 000 square feet of commercial, residential, and off ce development to the City and help to diversify the economic base of the City. Chapter VI, Goal II; Objective A, Action 12 -Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points onto arterial streets. Development of this property should reduce the number of existing access points onto adjacent arterial streets by eliminating the current access points and providing internal access from the proposed streets within the development. An internal cross-access and cross- parking agreement will also be required for the proposed lots within this development. Chapter VII, Goal V, Objective A, Action 7 -Continue promoting quality mixed-use developments in accordance with the Future Land Use Map. The Future Land Use Map designates this property as Mized Use. Staff believes that the proposed multi family, office, and retail use of this property will be a quality mixed use development. • Chapter VI, Goal V -Encourage the development of a continuum of services to meet the health care needs of the citizens of Meridian. A medical campus is planned within this development, which will help to meet the healthcare needs of the citizens of Meridian. • Chapter VII, Goal II -Serve the Treasure Valley as a regional industrial, commercial, and retail distribution hub; Pinebridge AZ RZ PP VAR PAGE 9 t:.. I:"'u I';Ilf I'~'I:l:ald, I G:I I.'t.l'' .I'i... ! I''+!I 111 I I i l:::rll?f' 'i ~ I I''~~~, h I I I.li.l'~ ii~;,.f.. II ~ ?Ild.'ll .I-II!I II III ~''~..fl~.l l fV i L:h.r'~:1(I?' ~I:P i li! Is ~ , ':I'il:;~' The significant cammercial carnponerzt of Pinebridge ~vtl'1 help to make Meridian a commercial hub for the Treasure Valley. • Chapter VII, Goal N -Encourage compatible uses to minimize conflicts and maximize use of land. The proposed medical campus, commercial, light office, and residential uses are compatible with existing uses in the Eagle/Fairview area of Meridian and with the Comprehensive Plan designations for future development in the area. • Chapter VII, Goal III -Ensure that adequate public services, including transportation, for existing and future development are provided. The extension of Pine Avenue and construction of Pinebridge Avenue will provide key transportation routes for the City of Meridian. • Chapter VII, Goal N, Objective C, Action 1 -Protect existing residential properties from incompatible land use .development on adjacent parcels. The applicant is proposing a commercial zone. The UDC requires a 25 foot wide landscape buffer be constructed adjacent to residential uses to assist in buffering residential properties from commercial uses, in accordance with the standards listed in UDC 11-3B-9C. Staff has included a condition of approval that the Applicant must comply with this requirement. • Chapter N, Goal I, Objective A, Action 6 -Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. The proposed mixed-use development is contiguous to the City and can be provided with urban services at the time of final approval. • Chapter V, Goal I, Objective A.3 -Encourage infill development in vacant/underdeveloped areas within the City over fringe area development to halt the outward progression of urban development. The subject infill property is largely surrounded by land that has been annexed into the City and is located close to the core of the City. Annexation and development of this property will allow urban growth within an underdeveloped area of the City. • Chapter V, Goal III, Objective B, Action 8 -Require all developments adjacent to designated entryway corridors to provide a minimum of 35 feet of high quality, professional landscaping on the site adjacent to the roadway. A portion of this development is located adjacent to Eagle Road, an entryway corridor into the City. As such, a 35 foot wide landscape buffer will be required adjacent to Eagle Road in accordance with UDC 11-3B-7, Landscape Buffers along Streets. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-21ists the permitted, accessory, and conditional uses within the C-G zoning district. Retail stores, professional services (offices), and healthcare services are listed as principal permitted uses in the C-G zone. Multi-family residential developments require conditional use approval in the C-G zone and are subject to the Specific Use Standards listed in UDC 11-4-3-27. See UDC 11-2B-2 for a complete listing of uses allowed in the C-G zone. Pinebridge AZ RZ PP VAR PAGE 10 j.., ....~~; .j°p.:'r ~~,, :: ~:;,,.L.;~i ;, ~,,; ~:~ ,~~ ~~,~T'',1 :"'~;bC ~-p ::; :,, ,y ~ ;:, ',~I /~~. r.;.:, ;,f':, :,,.'"i ;i,.... I::,I°a :p ,..... ..P f^ a it I:T~dfi,; "i~, i,..I I.. , •UIa; r:: 1.:':?i '.':j ill'; II I ~ .. I I .I I.,{..i .. ,I. el .I L.... ,. I V. ..~ L.. L..I ~ ~~Ll..l ~. I..i L..L..L .. If. I I .. ]I ,. II .I 11~I_. II I..~ ~.I .. L. ~.. ~. I. I , ... . ~~ b. Purpose Statement of the Commercial Districts: 'The purpose of" the commercial. districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading io Staff Recommendation: AZ Application: The Comprehensive Plan Future Land Use Map designation for this property is Mixed Use -Community (MU-C). The applicant is proposing a C-G zone, which is generally consistent with the MU-G designation. Approval of the subject annexation and zoning request would allow the Applicant to obtain a commercial (C-G) zoning designation for the subject property. According to UDC 11-2B-2, the uses proposed for this site, retail stores, professional services, and healthcare services, are principal permitted uses in the proposed C-G zone. The Applicant has submitted a conceptual development plan and building elevations showing how this site will redevelop with approximately 3,000,000 square feet of residential, commercial, and light office uses. Based on the policies and goals contained in the Comprehensive Plan and the Future Land Use Map designation of Mixed Use for this property, Staff believes that the requested C-G zone is appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and findings for an annexation. The annexation legal descriptions for Parcels 1 & 2 submitted with the application (stamped on February 5, 2007 by Michael E. Marks, PLS) are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. RZ Application: The Comprehensive Plan Future Land Use Map designation for this property is Mixed Use -Regional (~-R), Mixed Use -Community (MU-C) and Industrial. The proposed C-G zoning district is compatible with the MU-R and MU-C designations but is not compatible with the Industrial designation. The Comprehensive Plan (page 98) states that "the areas depicted on the Future Land Use Map are conceptual and, therefore, will require further analyses prior to the creation of a zoning map." Staff believes that a map amendment is not necessary for the industrial designated property and that the requested C-G zone and commercial use of this property would be more appropriate because of the property's size (1.5 acres) and proximity to Mixed Use designated land and that the property owner owns all of the subject property. Approval of the subject rezone request would allow the Applicant to obtain a commercial (C-G) zoning designation for the subject property. According to UDC 11-2B-2, the uses proposed for this site (i.e. retail stores, professional services, and healthcare services) are principal permitted uses in the proposed C-G zone. The Applicant has submitted a conceptual development plan and building elevations showing how this site will redevelop with approximately 3,000,000 square feet of residential, commercial, and light office uses. Based on the policies and goals contained in the Comprehensive Plan and the Future Land Use Map designation of Mixed Use for this property, Staff believes that the requested C-G zone is appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and findings for a rezone. The rezone legal descrip~ ion for Parcels 1 & 2 submitted with the application (stamped on February 5, 2007 by Michael E. Marks, PLS) are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. Pinebridge AZ RZ PP VAR PAGE I I f.'ll'f'4 i.~l x,;11-1 [li~~l_~~~1~~1I'L,~~'!,l!~~,Il''Ll•,i..~I~]~I}-~,:~,~1li~,~1111 la.:Ii'I'i•,~I~'.1..114.J:1~ fl.l:f IIIII,~~~T+Illall~a~.,~~~,,~p:.~~'iP.:ll?f~'.:?`!~,~!OUr Development Agreement; In conjunctiorN with the AG,~'d I~Z, l:daha Code §67-6511A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City of Meridian that may require some written commitment for all future uses, per UDC 11-SB-3D2. Staff believes that a DA is necessary to ensure that the site develops in an attractive manner. If the Commission or Council feels additional DA requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. Staff would like to see the following concepts employed in the development of the property: 1) pedestrian connections between buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks; 2) structures built adjacent to roadways with parking to the rear and sides of the structures; 3) common areas with site amenities (i.e., plazas/courtyards, water features, picnic areas, flower gardens, public art, etc.); 4) structures oriented toward each other with windows, awnings, or arcades totaling at least 30% of the length of the fagade viewable from other structures; 5) provide walkways at least 8 feet in width for any aisle length that is greater than 150 parking spaces or 200 feet away from the main building entrance; ~ exterior building walls should demonstrate the appearance of high quality materials of stone, brick, wood, or other native materials (acceptable materials include tinted or textured masonry block, textured masonry block, textured architectural coated concrete panels, or stucco or stucco like synthetic materials -smooth faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials; 'n at least 2 changes in one or a combination of the following shall be incorporated into the building design: color, texture and materials; 8) rooflines shall demonstrate 2 or more of the following: overhanging eaves, sloped roofs, two or more roof planes, varying parapet heights, and cornices; and 9) the primary building entrances shall be clearly defined by the architectural design of the building. A Development Agreement will be required as part of the annexation and rezone of this property. Prior to the annexation and rezone ordinance approvals, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: Development of the property shall substantially comply with the conceptual site plan and elevation submitted with the subject application and the concepts outlined below. • No building permits shall be issued, prior to final plat recordation. • The following concepts shall be employed in the development of the property: - General massing of buildings, roundabouts and landscape islands in streets shall be constructed as generally shown on the preliminary plat and conceptual site plan prepared by Stanley Consultants, Inc., dated 3-5-07. - Pedestrian connections shall be constructed between buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete., or bricks; - Structures shall be built adjacent to roadways with a majority of the parking to the rear and sides of the structures; - Common areas with site amenities (i.e., plazas/courtyards, water features, picnic areas, flower gardens, public art, etc.) are encouraged to be included Pinebridge AZ RZ PP VAR PAGE l2 ~~~~, ICI ~i_l~{:.. '~I~~~lf.~~.~1..~~~.. II~~~ X111-.,. I~u '~~~ 1~. II~...I ~. ~'.~: '~'I "~I~. . ~~~'i~;ll ~. ~ ~.~i.li...ll ~~. ~I ~. ~. ~~ ~~ 6.~'~~,. ~ .~:~.~:. .~'~~~~f~..ii:ll. I'I~. ~.~ ~I~ I 1„~~/~~ ~~1.. ~I.,~I ~::~~~:: ~4. w1 .1~.i~~„~iI II,.'I within the officelretail portion of th.e development and will be required in the multi-family portion of the development. - Structures should be oriented toward each other or the adjacent street(s); - Windows, awnings, or arcades totaling at least 30% of the length of the facade should be ;provided for facades that are viewable from other structures; - Provide walkways at least 8 feet in width for any aisle length that is greater than 150 parking spaces or 200 feet away from the main building entrance; - Exterior building walls should demonstrate the appearance of high quality materials of stone, brick, wood, or other native materials (acceptable materials include tinted or textured masonry block, textured masonry block, textured architectural coated concrete panels, or stucco or stucco like synthetic materials - smooth, faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials; - The building design shall incorporate at least 2 changes in one or a combination of the following: color, texture and materials; - Rooflines shall demonstrate 2 or more of the following: overhanging eaves, sloped roofs, two or more roof planes, varying parapet heights, and cornices; - The primary building entrances shall be clearly defined by the architectural design of ,the building. - A Conditional Use Permit for the multi-family portion of this development shall be submitted prior to submitting for final plat approval on that area. PP Application: The Applicant has submitted a preliminary plat/conceptual site plan for this site labeled as Sheets 1, 2, 3, & 4 of 7, prepared by Stanley Consultants, Inc., and dated March 5, 2007. The proposed subdivision consists of 61 buildable lots and 21 common lots. All proposed lots meet the dimensional standards for the requested C-G zone. Buildable lots range in size from 0.43 of an acre to 13.62 acres. Staff has reviewed the preliminary plat/conceptual site plan and is supportive of the following design features represented on the plan: 1) the orientation of the buildings adjacent to Eagle Road with parking to the side and rear of the structures; 2) the roundabouts which should reduce speeding and assist in traffic flow; and 3) planter islands. The Applicant has not submitted a phasing plan for this site. Due to the size of this development and the proposed extension of Pine Avenue, the Applicant should address the timeline for development of the site at the Commission hearing and submit a phasing plan prior to or at the Commission meeting. Additionally, depending upon the Applicant's phasing plan, the Commission may want to include a DA provision that Pine Avenue be extended prior to issuance of Certificate of Zoning Compliance's on the site. Proposed Streets and/or, Access: Primary access to the development is proposed to be provided from E. Fairview Avenue via Pinebridge Avenue, and N. Eagle Road & N. Locust Grove Road via Pine Avenue. The applicant is planning to construct Pinebridge Avenue south from E. Fairview Avenue and extend E. Pine Avenue to the west from N. Eagle Road to N. Nola Road, which will serve as the primary access points into the development. Pinebridge Avenue will be constructed within 64 feet ofright-of--way with a 46-foot wide street section (measured back to back), curb, gutter, and a7-foot wide attached sidewalk. Pine Avenue will be constructed within 96 feet of right-of--way with a 72-foot wide street section (measured back to back), curb, gutter, a Pinebridge AZ RZ PP VAR PAGE ] 3 4::11'1''9' 4:1'P 14~bI:11a,:IG;lllhel''d If'1...r+"'+fl" li. I::i I[::VI:Jf'~~~~,•I]ia'~;I~iI.I~' fd,Jf I I,.VL'.'1•'L:fyIG,.'1fll•Ifll IIFf ~~!,:f+Tl Il.i I::;P,~(;']' ~I~::IIi I~ ' i 'ra:;~il:f' 5-foot wide planter, and detached 5-foot wide sidewal:k.. East Wilson Lane is proposed to stub to the west at the northern portion of the development for future connection to the existing Wilson Lane west of the site. East State Street is proposed to connect to the east to an existing segment of State Street. North Webb Avenue and North Machine Avenue are proposed to connect to the south to existing segments :of these streets. North Newbridge Place will be constructed to the south from E. Pine Avenue to provide access to Lots 4 & 5, Block 2. East Shellbrook will provide access from N. Locust Grove Road to the proposed multi-family portion of the development and connect to Pinebridge Avenue. Across-access agreement will be recorded for Pinebridge to allow for shared parking. ACRD- has submitted comments on this application, included in Exhibit B, which recommend against .the approval of the proposed traffic signal at the Fairview/Pinebridge intersection as currently proposed. Staff is generally supportive of the proposed street system within the development with the comments and conditions stated in Section 10, Analysis, and Exhibit B of this report. However, Staff is not supportive of the two access points proposed to Eagle Road with the VAR application because access to the site can adequately be provided from Pine Avenue that runs along the northeast boundary of the site, in addition to the other proposed access points to the other arterial roadways. Cross-Access/Driveway Stubs: There are some parcels adjacent to this site that should be interconnected to this development. Staff believes that cross access easements and driveway stubs should be provided. to the following parcels: 87104250004 (Cortabitarte, at the east boundary); 87104251802 (Belair Leasing, Inc., at the west boundary); 82333350010 (Elliott Group, LLC., at the west boundary); and 82333350020 (H2NR, LLC., at the west boundary). Across-access agreement should be recorded granting cross-access to these parcels via a note on the plat or a separate agreement. Providing cross-access to the afore-mentioned properties will assist in providing interconnectivity to adjoining parcels and limiting access points on adjacent roadways. Cross access easement(s) should also be recorded for all lots within this subdivision that share drive aisles. Staff is not requesting that a stub be provided to the south from the multi-family portion of the development to the Duncan property (parcel #S1108233990) because of the Comprehensive Plan Future Land Use Map designation of Industrial for the property. Staff feels that connectivity to this parcel should be provided from the south via Pine and/or from the west via Locust Grove through properties that are designated for similar type uses. Landscaping: The Applicant has submitted a landscape plan with this application, labeled as Sheet 1 of 1, prepared by Stanley Consultants, Inc., and dated March 22, 2007. Landscaping must be installed on this site in accordance with the standards listed in UDC 11-3$, Landscaping Requirements. The landscaping shown on the landscape plan submitted with this application is approved with the following modification/comments (NOTE: The internal landscaping has not been reviewed and is not approved with this plat. Internal landscaping will be subject to compliance with the UDC during the CZC review. Perimeter and landscaping adjacent to streets shall be completed as part of the platting process): • A 35-foot wide street buffer is required along Eagle Road, an entryway corridor in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. • A 25-foot wide sheet buffer is required along E. Fairview Avenue, Pine Avenue and N. Locust Grove Road, and any other street(s) classified as an arterial street, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. • A 20-foot wide street buffer is required along all collector streets, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. • A 10-foot wide street buffer is required along all local streets, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. Pinebridge AZ RZ PP VAR PAGE 14 u, ~r..:1 ir.,,r~ ~r..:ui~ r~~at.Rnl:a~i.,y,r~ ta1.R:r~r~iri~~r., c::~~i.ii~.~~,.~iia~~ ,i 1~ r~,:~~..h~..~iF~...i.. o-~,~u~~,. ~r~i-iur::, ~r-ii:~.<<~,ir ri ia, r.:.~.~~,~i:: ,;: ~i~: i~ ~ +„ ~c~~rrr ~., • A 25-foot wide buffer to residential uses i.s required in accordance with the standards listed in UDC 11-3B-9C, Landscape Buffer to Adjoining Uses. • Internal parking lot landscaping is required upon development of each lot in accordance with the standards'listed in UDC I 1-3B-8, Parking Lot Landscaping. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted tv the Planning Department prior to issuance of any Certificate of Occupancies for this site. All standards of installation should apply as listed in UDC 11-3B-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The preceding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s), the Certificate of Zoning Compliance and Conditional Use Permit application(s). Existing Structures: The site currently contains some existing structures. All existing structures that do not meeting setbacks or the dimensional standards of the UDC shall be removed prior to the City Engineer's signature on the fmal plat. There are several old structures located at the corner of Nola and Pine that may be classified as historical structures. The Applicant shall address at the public hearing what they intend on doing with these structures. Building Elevations: The Applicant has submitted an elevation of their office building proposed to be located adjacent to the Pinebridge development at the corner of Pine and Hickory (see Exhibit A.5). The Applicant states that this elevation is representative of what some of the buildings will look like within the proposed Pinebridge development. A list of construction materials for the future buildings on the site was not provided by the Applicant. Due to the size of this development, Staff does not believe that requiring all buildings within the development to resemble the elevation submitted with this application would be practical. However, in order to ensure that future buildings on this site develop in an attractive manner, Staff is including design provisions in the Development Agreement for future buildings (see DA provisions above and in Exhibit B). , Design Standards: All structures proposed within the development that exceed 200,000 square feet or that are located on an entryway corridor (Eagle Road), shall be required to obtain design review approval and comply with the design standards listed in UDC 11-3A-19C. Further, all structures located adjacent to Fairview Avenue, Pinebridge Avenue, and Pine Avenue shall also be required to comply with the afore-mentioned design standards because of the high visibility of the structures. Fencing: The Applicant is not proposing to construct fencing on the site and none is required by the UDC. If permanent fencing is not constructed on the site, temporary fencing to contain debris during construction should be installed around the perimeter of the site. Pathways: The Master Pathways Plan depicts future 10-foot wide multi-use pathways across this site. Multi-use pathways should be constructed on this site in accordance with the standards listed in the Pathways Plan and the locations depicted on the Master Pathways Plan included as Exhibit A.4 in this report and per the text in the Pathways Plan as follows: 1) The pathway shown on the Pathways Plan (Settlers Ci•eek Pathway, Locust Grove-Treasure Valley RWT} along the northwest portion of the site on the north side of the multi-family portion of the development is Pinebridge AZ RZ PP VAR PAGE 15 f:;;l'I"'4t" 4..,i if ~ I'~'Ii 1.h V7, l l.:a it .~ ~i; I"+ II' f... ~'!;C ~,I I'~ l~ 1-l l 1. , l.;l~a:.al' ~''~,.'!' L.,;!'~ I , ~.I 1 I :kill' 4:::61 ~l lf' If'Q a ll•i, II' ~:.:I:fi :I-Il if i, ~~'~~ f~'.L I f 4 i 1:;1 4~'~.I (~ I; ~.f lx l~ 4 :i.la la i planned to be located `°on either the north or south side of the Settlers Canal where it will eventually connect with a short existing segment of pathway before continuing east as a proposed pathway. Where the Flume Canal disappears the pathway heads south to connect to the Treasure Valley RWT." Because there is an existing segment of pathway along the north side of Settlers Canal on the H2NR LLC 8c Paddington Subdivision HOA properties, Staff believes that the pathway should continue to Locust Grove along the north side of the Settlers Canal and be constructed upon development of the Leonard property (R7104253800). The Applicant should connect to the existing segment of pathway and extend the pathway on the north side of the Flume Canal to the east property boundary. The pathway should then extend south along the west side of Machine Avenue then cross Machine and run along the Snyder Lateral to the south property boundary for future connection to the Treasure Valley RWT. 2) The pathway shown on the Pathways Plan (Meridiaan Loop Pathway, Franklin-Fairview) is planned to extend from the Treasure Valley RWT and~head north along Nola Road and then northeast to the signal at Hickory Way and Fairview. The Applicant should construct the pathway along the east side of Nola Road along the west property boundary, north across Pine Avenue, then east along the north side of Pine Avenue and north along the west side of Pinebridge Avenue. Where the pathway meets the pathway required along the Flume Canal, the pathway should cross Pinebridge and extend north along the east side of Pinebridge and stub to the Cortabitarte property at the northeast corner of the site for future extension to the east as shown on the conceptual plan in Exhibit A. The multi-use pathways in each phase of the development shall be constructed prior to signature on the final plat of each phase. Ditches, Laterals, and Canals: Per iJDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle- point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Multi-family Development: The preliminary plat/conceptual site plan submitted with this application depicts amulti-family development proposed for the western portion of the site. This plan shows 25 multi-family buildings with an undisclosed number of residential units. Multi- familydevelopments required Conditional Use Permit (CUP) approval in the C-G zone, per UDC 11-2B-2. Staff questions how the design of the multi-family area shown on the concept plan will create a viable multi-family project with a public road bisecting the units. A CUP shall be submitted prior to final plat submittal for this area so that the exact layout and design for the multi-family development can be reviewed and approved prior to construction of the roads in this area. The subject application does not grant approval of the proposed multi-family development, location or number of structures, number of dwelling units, or driveway approval; a CUP is required for approval of the proposed multi-family development on the site. Additionally, Specific Use Standards (UDC 11-4-3-27) apply to multi-family developments as follows: a. Setbacks: Buildings shall provide a minimum setback of 10 feet, unless a greater setback is otherwise required by the UDC. Pinebridge AZ RZ PP VAR PAGE 16 ¢...1.11 ''u' ~~.r 4 ~ I~~,~ ;I': Crt, 7.f.711,~~~, Pad I' ° 1.... 4; I I :P I [ I f a..;. I::;~ IE:. I ' ~~~~~.~I I a'~~l'~ [ f F~.I~PCr l~. u' 1= i V l' 1'1f~•I: I: l i l '~~ lAal.h ~ 4.1 I a '~..~~ I: r,~ a l:a ~ ~ i ;?~~I;i~~ 4 i~ b. Service a~r~eas: Uri-site service areas, outdoor storage areas, waste starage, disposal facilities, and transformer or utility vaults shall be fully screened from view from any public street. c. Private, usable open space: A minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. d. Developments with 20 units or more shall provide the following: A property management office, a maintenance storage area, a central mailbox location, and a directory and maptof the development at a convenient location. e. Covered Parking: UDC 11-3C-6 requires that multifamily developments shall provide parking as follows: for 1 bedroom units, there shall be two parking spaces with one in a covered carport or garage; and for units with more than one bedroom, 2 parking spaces shall be provided in a covered carport or garage. f. Common Open Space Design Requirements: A minimum of 350 square feet of outdoor common open space shall be provided for each unit containing more than 1,200 square feet of living area. The common open space shall be not less than 400 square feet in area, and shall Have a minimum length and width dimension of 20 feet. g. Amenities: UDC:11-4-3.27 requires that multi-family developments between 20 and 75 units provide 3 amenities from separate categories (i.e. quality of life, open space, or recreation). h. Elevations: Elevations are required to meet the architectural standards set forth in UDC 11-4-3-27E. i. Landscaping: Per UDC 11-4-3-27, all street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following standards: - The landscaped area shall be at least 3-feet wide; - For every 3 lihear feet of foundation, an evergreen shrub having a minimum mature height of 24 inches shall be planted; and - Ground cover plants shall be planted in the remainder of the landscaped area. j. Maintenance and Ownership Responsibilities: Per UDC 11-4-3-27G, a legally binding document shall be recorded that states the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. VAR Application: The applicant is requesting a Variance from the standards listed in UDC 11- 3H-4Blcarid 11-3H-4B2„regarding Development along Federal and State Highways. Because the east boundary of this site is located adjacent to State Highway (SH) 55 (Eagle Road), the standards listed in UDC 11-3H-4B regarding Development along State Highways, apply to the development of this property. The Applicant is proposing two access points to SH 55. The first is from the existing Commercial Court, which is a private road located approximately 860 feet south of the centerline of Pine Avenue that has been used by Elixir. The second is a new access point proposed to be located half-way between Pine and Commercial, approximately 440 feet north of the south property line. Se'e Exhibit A.4 for proposed access points to SH 55. Pine Avenue is located in accordance with UDC I 1-3H, '/~ mile between Fairview Avenue and Franklin Road. Per UDC 11-3H-4B, use of existing approaches (in this case, E. Commercial Pinebridge AZ RZ PP VAR PAGE 17 4..~~~ I...,1' I,.V~" .~~~:.".~~.~~,..p1.~~4;~ ~ ~ ~I..:'4hal.`k~p,"sld,.p ~I.II~:',~Iil'I~.~l:.ll''d~~ ~~' (~'~.~~'41Q..1~~d:.~ ~'4.,V~ii ~'~',.:~.~:. ~"~~~~::.,'~4~+:~~ ~4 r l...V}~~,_,I~' 4 :11::]~d,..~~~~, !~~~~.~I~I ~~1~ Street) to SH 55 shall be alla~wed to continue provided that a11. af`the fallowing conditions are met: 1) The existing use is lawful and properly permitted effective September 15, 2005; 2) The nature of the use does not change (for example, a residential use to a commercial use); and 3) The intensity of the use does not increase (for example, an increase in the number of residential dwelling units or an increase in the square footage of commercial space). Staff has reviewed these standards and found that the intensity of the proposed use of the site will increase because of the square footage of commercial space proposed. The UDC further states, "If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise acquire access to a street other than the state highway. The use of the existing approach shall cease and the approach shall be abandoned and removed." Additionally, "No new approaches directly accessing a state highway shall be allowed and public street connections to the state highway shall only be allowed at the section line road and the half mile mark between section line roads (where Pine Avenue currently exists). These half mile connecting streets shall be collector roads." The applicant is requesting a Variance to the above-stated standards and is proposing that the existing Commercial Street approach be allowed to continue and that a new approach to SH 55 be allowed on the west side of SH 55, midway between Pine Avenue and Commercial Street. The applicant's justification for the proposed variance, per the applicant's narrative submitted with the application, is "The two variances are being requested to relieve undue hardships associated with the site. If the proposed project were smaller in scale it would not be necessary to propose an additional access point on SH 55; the 170 acre size of the proposed development and the location of the project make it necessary to create a new access point to provide adequate connectivity and access for the proposed development. The change in intensity of the use for the existing Elixir access point warrants the second proposed variance to allow for the continuing use of an existing access point. The proposed change in use of the subject property is supported by Meridian's Comprehensive Plan; the Pinebridge property is designated for Mixed Use, Industrial, and Mixed Use Regional development. It would not be possible to develop the subject property in a manner consistent with Meridian's Comprehensive Plan without changing the intensity of use on the property." In order for the Council to.grant a variance, the Council shall make the following findings: - The variance shall not grant a special right or privilege that is not otherwise allowed in the district; , - The variance relieves an undue hardship because of characteristics of the site; and - The variance shall'not be detrimental to the public health, safety, and welfare. Staff does not believe that •the afore-mentioned findings can be made for approval of the variance request in this instance. Please see Staff's analysis of the findings in Exhibit D of this report for more information. Further; Staff does not believe that two additional access points to SH 55 are necessary as there is an existing access point to SH 55 via Pine Avenue, along the northeast boundary of this site, which will provide access to the east side of this development. b. Staff Recommendation: Staff is recommending approval of the proposed AZ, RZ, & PP applications but is recommending denial of the VAR request per the conditions listed in Exhibit B of the Staff Report, based on the Findings in Exhibit D of this report. The Meridian Planning & Pinebridge AZ RZ PP VAR PAGE 18 iC::l 11'~i ~~::DIF' Nw~9kaf~k.71::;i-e~§.I''~l 8'.f.,,:al"J1~I11°JI:::i I::VI°,If'~''~lli.~~„~ '4I I~ fd..I::Pf,::Uf~~:;l" N i~.,lll~i, 11..1..11:1::: II-Illi:!,~~'4.f+II 14 i f.:a'.~i:Dl- ~.f:filf.:,T~l :?.:1, al",~~PP 11. EXIIIBITS A. Drawings 1. Vicinity/Zoning Map 2. Preliminary Plat (dated: 3/5/07) 3. Landscape Plan (dated: 3!22/07) 4. Site Plan for Variance Request 5. Conceptual Building Elevation 6. Overview of Site 7. Master Pathways Plan depicting conceptual locations of future multi-use pathways B. Agency Comments/Conditions 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Legal Description & Exhibit Map i D. Required Findings from Unified Development Code Pinebridge AZ RZ PP VAR PAGE 19 A. Drawings 1. Vicinity/Zoning Map Exhibit A • ~ • •~ p, • ~ ~ •I 2. Preliminary Plat __ _ _ N~e~ear w ~~w~~m~~m.u~ ~ ~ _~_ ~ ia i~~m m~ f~ m~ _ ~ M[11 Ce m11u ® ~~ ~ ~eO~pe g~~~ 2~~! 77g5E I w i t Ya= ~ ~~ ~ p~! ~g ~;. ~~ r ~p °~m ~' ~-~ ~__ ~ ~~ 01 Exhibit A •• •• Exhibit A ~ ~ ~ ~ Exhibit A ~ ~ ~ r 0 4 ~3~~ ~ a~~ i ~~ ~ ~a ~ °!~ ..~ ~ t ~9 e 2 Exhibit A ~ ~ ~ ~ 3. Landscape Plan (dated: 3/22107) y~T LFCENO ~. Pm ~lY[ ~Yllr ~ 'tlL IDYS C®lW[ a ~.e m srx~~,~ ~~~.: iw a~.~ .> A..Q. v. a b ~~~p~ "~~8~ r 01 a~ Exhibit A '~ ~ ~ ~ 4. Site Plan for Variance T~.equest Exhibit A ~i~ 5. Conceptual l~uilcliing Elevation ---- - /~ ~ ~~ ~_ _ i ~I -~= ~~ /- Exhibit A b. (7verview u~~ Site ` 1 I 2 I ~ I ~' ~ I g I t ~~~ ~~ Exhibit A I~~,• 7. Master ~'atllways Plan~depicting conceptual locations cr~'luture multi-use pathways Exhibit A • ~ • B. Agency Comments/Conditions 1. PLANNING DEPARTMENT `' 1.1 ANNEXATION/REZONE COMMENTS 1.1.1 The rezone legal description for Parcels 1 & 2 submitted with the application (stamped on February 5, 2007 by Michael E. Mazks, PLS) are accurate and meet the requiremens of the City of Meridian and Idaho State Tax Commission. 1.1.2 The annexation legal descriptions for Parcels 1 & 2 submitted with the application (stamped on February 5, 2007 by Michael E. Marks, PLS) are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. 1.1.3 A Development Agreement will be required as part of the annexation and rezone of this property. Prior to the annexation and rezone ordinance approvals, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: • Development of the property shall substantially comply with the conceptual site plan and elevation submitted with the subject application and the concepts outlined below. A final plat ishall be recorded, prior to the issuance of Certificates of Zoning Compliance; the site shall be a lot and block in a recorded subdivision. The following concepts shall be employed in the development of the property: - General massing of buildings, roundabouts and landscape islands in streets shall be constructed as generally shown on the preliminary plat and conceptual site plan prepared by Stanley Consultants, Inc., dated 3-5-07, as amended below. - Pedestrian connections shalt be constructed between buildings in. the form of pathways,. distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks; - Structures shall be built adjacent to roadways with the majority of parking to the rear and sides of the structures; - Common~~ areas with site amenities (i.e., plazas/courtyards, water features, picnic areas, flower gardens, public art, etc.) are encouraged to be included within the office/retail portion of the development and will be required in the multi-family portion of the development. - Structures shall be oriented toward each other or the adjacent street(s) if there is no parking in front of the building; - Windows;, awnings, or arcades totaling at least 30% of the length of the facade shall be provided for facades that are viewable from other structures; - Provide walkways at least 8 feet in width for any aisle length that is greater than 150 parking spaces or 200 feet away from the main building entrance; - Exterior building walls shall demonstrate the appearance of high quality materials.. of stone, brick, wood, or other native materials (acceptable materials Exhibit B • ~ ~ • include tinted or textured masonry block, textured masonry block, textured architectural coated concrete panels, or stucco or stucco like synthetic materials - smooth faced concrete block, tilt-up concrete panels, or prefat~ricated steel panels are, prohibited except as accent materials; - The building design shall incorporate at least 2 changes in one or a combination of the following: color, texture and materials; - Rooflines: shall demonstrate 2 or more of the following: overhanging eaves, sloped roofs, two or more roof planes, varying parapet heights, and cornices; - The primary building entrances shall be clearly defined by the architectural design of the building. - A Conditional Use Permit for the multi-family portion of this development shall be submitted prior to submitting for final plat approval on that area. 1.2 PRELIMINARY PLAT -SITE SPECIFIC REQUIIZEMENTS 1.2.1 The preliminary plat and :conceptual site plan labeled as Sheets 1, 2, 3, and 4 of 7, prepaeed by Stanley Consultants, Inc., .dated March 5, 2007, is approved, with the conditions listed herein. 1.2.2 The landscape plan, labeled as Sheet 1 of 1, prepared by Stanley Consultants, Inc., dated March 22, 2007, is approved with the following modifications/comments (NOTE: The internal landscaping has not been reviewed and is not approved with this plat. Internal landscaping will be subject to compliance with the UDC during the CZC review. Perimeter and landscaping adjacent to streets shall be completed as part of the platting process): a. Landscaping must be installed on this site in accordance with the standards listed in UDC 11-3B, Landscaping Requirements. b. A 35-foot wide street buffer is required along Eagle Road, an entryway com:dor in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. c. A 25-foot wide sheet buffer is required along E. Fairview Avenue, Pine Avenue and N. Locust Grove Road, and any other street(s) classified as an arterial street, la~idscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. d. A 20-foot wide street buffer is required along all collector streets, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. e. A 10-foot wide street buffer is required along all local streets, landscaped in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. £ A 25-foot wide buffer to residential uses is required in accordance with the standards listed in UDC 11-3B-9C, Landscape Buffer to Adjoining Uses. g. Intemal parking 1'bt landscaping is required upon development of each lot in accordance with the standards listed in iJDC 11-3B-8, Parking Lot Landscaping. h. Per iJDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. i. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department prior to issuance of any Certificate of Occupancies for this site. All standards of installation should apply as listed in UDC 11-3B-14. Exhibit B • ! • ~ Where the applicant has submitted a preliminary Yandscalae plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The preceding modifications and notes should be shown on a revised landscape plan submitted with the final plat applications, the Certificate of Zoning Compliance and Conditional Use Permit application. 1.2.3 Construct ]0-foot multi-use pathways within this development in accordance with the standards listed in the Meridian Pathways Master Plan and the conceptual locations depicted on the Pathways Plan shown in `.Exhibit A.4 of this report and per the text in the Pathways Plan as follows: 1) The pathway shown on the Pathways Plan (Settlers Creek Pathway, Locust Grove- Treasure Valley RWT) along the northwest portion of the site on the north side of the multi- family portion of the development is planned to be located "on either the north or south side of the Settlers Canal where ,it will eventually connect with a short existing segment: of pathway before continuing east as a proposed pathway. Where the Flume Canal disappears the pathway heads south to connect to the Treasure Valley RWT." Because there is an existing segment of pathway along the north side of Settlers Canal on the H2NR LLC & Paddington. Subdivision HOA properties, Staff believes that the pathway should continue to Locust Grove along the north side of the Settlers Canal and be constructed upon development of the Leonard property (87104253800). The Applicant shall connect to the existing segment of pathway and extend the pathway on the north side of the Flume Canal to the east property boundary. The pathway should then extend south along the west side of Machine Avenue then cross Machine and run along the Snyder Lateral to the south property boundary for future connection to the Treasure Valley RWT. 2) The pathway shown on the P~~thways Plan (Meridian Loop Pathway,'Franklin-Fairview) is planned to extend from the Treasure Valley RWT and head north along Nola Road and then northeast to the signal at Hickory Way and Fairview. The Applicant should construct the pathway along the east side of Nola Road along the west property boundary, north across Pine Avenue, then east along the north side of Pine Avenue and north along the west side of Pinebridge Avenue. Where the pathway meets the pathway required alongithe Flume Canal, the pathway should cross Pinebridge and extend north along the east side of Pinebridge and stub to the Cortabitarte property at the northeast corner of the~~-site for future extension as shown on the plan in Ea~:hibit A. The multi-use pathways in each phase of the development shall be constructed prior to signature on the final plat of each phase. 1.2.4 A Conditional Use Permit is required for the multi-family residential portion of the: development depicted on the conceptual site plan. All future structures shall comply with the architectural standards listed in UDCM11-4-3-27E for multi-family developments. A Certificate of Zoning Compliance (CZC) is required for each building within this development prior to issuance of a building permit. Development of the site shall substantially comply with the conceptual development plan submitted with this application. NOTE.• A CZC application may include multiple/all multi family units within the development. 1.2.5 All structures proposed within the development that exceed 200,000 square feet or that are located on an entryway corridor (Eagle Road), shall be required to obtain design review approval and comply with the design standards listed in UDC 11-3A-19C. Further, all structures located adjacent to Fairview Avenue, Pinebridge Avenue, and Pine Avenue shall also be required to comply with the afore-mentioned design review standards. 1.2.6 Cross access easements and driveway stubs shall be provided to the following parcels: 87104250004 (Cortabitarte, at the east boundary); 87104251802 (Belair Leasing, Inc., at the n~~~~~cnn~n west boundary); ' . Emer~encv access shall be provided to the H2NR parcel Exhibit B ~s •~ at the southeast corner. Across-access agreement slxall be recorded granting cross-access to these parcels via a note on the plat or a separate agreement. A cross access easement shall also be recorded for all lots within this subdivision that shaze drive aisles. 1.2.7 All signage for the site requires approval of a sign permit. All signage must comply with UDC 11-3D-8I and 11-3D-10, Table 2, for subdivision identification signs. 1.2.8 If permanent perimeter fencing is not constructed on the site, temporary fencing to contain debris during construction shall be installed around the site prior to release of building pernvts. 1.2.9 Underground, pressurized irrigation must be provided to all lots within this development. 1.2.10 1.2.11 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Locust Grove Road. The applicant shall install all mains to and through this development; aI-plicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Locust Grove A:oad. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 A water stub to the east shall be provided to allow for a future looped system, it shalt, be covered by a standard City of Meridian easement. 2.4 Prior to any excavation or, improvements within this development that applicant shall submit a Flood Plain Development Permit and comply with all conditions of the same. 2.5 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size.. and depth of reimbursable pipe) being fmalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.6 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.7 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. Exhibit B Pine Avenue shall be extended to Locust Grove Road prior to issuance of any Certificate of ~ r' ~~^~^^~ Occunancv for buildinQS that would require access from Pine Avenue. • 2.$ The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.9 All existing structures not meeting setbacks or the dimensional standards of the UDC :;hall be removed prior to building permits being released. 2.10 Meridian Public Works specifications do not allow any large landscaping within a five; foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.11 Any meter tiles located in common driveways shall be upgraded to traffic rated materials per City of Meridian Standard Specifications. 2.12 As proposed, additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. T'he additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.13 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domesticpurposes such as landscape imgation. 2.14 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. Per UDC 11-3A-6A.3.a. the City Council may City Council may also waive this requirement for lame-capacity facilities. 2.15 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, and the road base approved, prior to applying for building :permits. 2.16 All development improvements, including but not limited to sewer, water, fencing, nucro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to issuance of building permits. 2.18 It shall be the responsibility of the applicant to ensure that all development features c:omply with the Americans with Disabilities Act and the Fair Housing Act. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. Where. mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. Exhibit B •• • s 2.22 Compaction test results sliaYl 'be subn~vtted to the Meridian. Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.23 The engineer shall be required to certify that the street centerline elevations are set a nunimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.24 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25-feet, height for 250 watt fixtures is 30-feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.. a. Fire Hydrants shall have the 4 ''/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section _°09.5: h. Show all proposed or existing hydrants for all new construction or additioris to existing buildings within 1.;000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved tum around. Phasing of the project may require a temporary approved 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 anal 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. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with ari all weather surface are required before,combustible construction is brought on site. 3.7 Building setbacks shall be per the Intemational Building Code for one and two story construction. 3.8 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurerrtents shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.9 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.10 The office/commercial lots will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced Exhibit B • • • • 2612 responses in the year 2004. According to a report completed by Fire ~. Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.11 The 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 home by the developer. 3.12 Maintain a separation of 5' from the building to the dumpster enclosure. 3.13 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). 3.14 The Fire Dept. has concerns about the addressing of the existing house and the address being visible from the street which the project is addressed off of. Please contact the Addressing, Specialist at 898-5500 to address this concern prior to the public hearing. 3.15 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.16 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. 3.17 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.18 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved :route around the exterior of the facility or building, on-site: fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183}. a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet {183 m). b. For buildings equipped throughout with an approved automatic spririlcler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.19 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 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 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.23 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. 3.24 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 seF~arated 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 Exhibit B • ~ • • 124,000 square feet (1120 m2) that have a single approved fire apparatus access read when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 3.25 Connect E. Commercial Street to Machine Avenue on the east side of N. Machine Avenue. 3.26 The Pinebridge/Fairview intersection access point should be aright-in/right-out only. 3.27 Lot 1, Block 17 may have limited visibility and access points prohibit driveways on curves. 3.28 No access points should be allowed to/from Eagle Road. 4. POLICE DEPARTMENT 4.1 Prior to release of building permits, the applicant shall submit a parking plan for all off-street parking in the multi-family development to the Planning and Zoning Department. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 4.2 The northeast/south/west facades shall include windows that look onto the parking areas and/or other public areas. .w.~~~ 4.4 Any interior fencing shall. allow visibility from the street or shall not exceed four feet in height if solid fencing is used. All micropaths and open areas shall have adequate lighting. 4.5 The loading areas shall be separated from all public parking areas. 4.6 The Pinebridge/Fairview intersection access point should be a right-in/right-out only the design of which shall be subiect to ACRD approval. 4.7 Lot 1, Block 17 may have limited visibility and access points prohibit driveways on curves. 4.8 No access points should be allowed to/from Eagle Road. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICE COMPANY 6.1 SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.l .1 Dedicate 60-feet ofright-of--way from the section line of Fairview Avenue abutting t:he parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the:right-of--way which is in addition to existing right-of--way :from available Corridor Preservation Funds. 7.1.2 Construct the additional third travel lane of Fairview Avenue abutting the site with pavement widening, vertical curb, and gutter. The construction of this lane is impact fee eligible and the applicant can be reimbursed for the costs associated with the construction of the third lane. Exhibit B ~~ ~ • 7.1.3 Construct a 7-foot attached (or 5-foot. detached) concrete sidewalk on Fairview Avenue abutting the site. 7.1.4 Enter into a cooperative agreement with the District to dedicate the full right-of--way and construct Pine Avenue through the site, from Eagle Road to Nola Road, as a complete 5-lane roadway. This roadway shall be constructed as a standard 72-foot street section with vertical curb, gutter, and 7-foot attached concrete sidewalks (or 5-foot detached} within 96-fet;t of right- of-way. The complete 5-lane roadway with vertical curb and gutter are impact fee eligible improvements. The applicant is responsible for the cost designing and constructing the sidewalk and any landscaping improvements. 7.1.5 Construct Pine Avenue at its intersection with Eagle Road as a 7-lane roadway section to mirror the east leg of the intersection, in accordance with the submitted traffic impact study. Reconstruct the north side of Pine Avenue abutting the Blue Cross site to achieve the mirroring of the east leg, this will involve re-location of the existing curb, gutter, and sidewalk approximately 5 to 7-feet to the north. 7.1.6 Dedicate sufficient right-of--way and construct a separate right-turn lane on the eastbound Pine Avenue approach to Eagle,Road. 7.1.7 Design, construct, and install a signal at the intersection of Pine Avenue and Hickory Avenue. Install the conduit and poles at the time of construction. When the signal meets traffic warrants the District will install the mast arms and signal heads. The applicant is responsible i:or all costs associated with the design,and construction of the signal and shall pay for the cost of all of the signal equipment at the time the poles are installed. 7.1.8 Extend and construct Hickory Avenue south of Pine Avenue to intersect Commercial. Court. Hickory Avenue shall be constructed as a commercial roadway (40-foot street section with vertical curb, gutter, and 5=foot concrete sidewalk) within 54-feet ofright-of--way. 7.1.9 Construct one collector roadway, Shellbrook Street, to intersect Locust Grove Road centered between the existing Shellbrook Street and Buchman Street on the west side of Locust Grove Road to create a T-type intersection. Construct Shellbrook Street as a standard 46-foot collector street section with vertical curb, gutter, and 5-foot detached (or 7-foot attached) concrete sidewalk. Re-design the large extended center island within Shellbrook Street to more clearly direct the public traffic; with the re-design there shall no longer be a public street on the northern side of the island. Coordinate the design with District Planning Review and Traffic Services staff. 7.1.10 Comply with the District's Interim Policy for converting private roadways to public standards if Commercial Court is intended to be converted to a public roadway. 7.1.11 Submit a detailed analysis of the proposed roundabouts for the State Street/Pinebridge Avenue and and the Pinebridge Avenue/Pine Avenue intersections prior to design and construction of the intersections or signature of a final plat. If the staff review of the analysis deternune,s that a roundabout is not appropriate, further analysis will be required to determine the appropriate intersection control. 7.1.12 Construct State Avenue, Webb Avenue, Machine Avenue, and Wilson Lane as 40-foot commercial roadways within 54-feet ofright-of--way complete with vertical curb, gutter and 5- foot concrete sidewalk. 7.1.13 Construct Pinebridge Avenue to intersect Fairview Avenue in alignment with the main driveway for Oakbrook Plaza on the north side of Fairview Avenue, approximately 265-feet west of the original proposal. Construct the roadway as a collector roadway with a standard 46-foot street section with vertical curb, gutter, and 7-foot attached sidewalks within 70-feet of right-of--way. Provide 21-foot street sections on either side of the proposed center landscape islands. Exhibit B • • 7.1.14 Construct two right-in/right-out only curb-return type driveways on Fairview Avenue., one located at the east property line and one located at the west property line. Install a 6-inch raised concrete median on Fairview Avenue to prevent the left-in/left-out turning movements for these driveways. 7.1.15 Construct the following cwb return type driveways on Pine Avenue • Aright-in/right-out driveway located a minimum of 250-feet west of Eagle Road (measured near edge to near edge). Shift this access if it is located within the required right-turn lane of the intersection. • Afull-access driveway in alignment with Rosario Street. • Afull-access driveway on the south side of Pine centered between the Pinebridge;/Pine roundabout and the Pine/Newbridge intersection. Afull-access driveway on the south side of Pine centered between the Nola/Pine intersection and the Pine/Pinebridge roundabout. • A full access driveway on the north side of Pine in alignment with Machine Avenue. • A full access driveway on the north side of Pine in alignment with Newbridge Place. 7.1.16 Construct driveways on the following roadways in accordance with District policy: • Pinebridge Avenue • Shellbrook Street • E. State Avenue • Webb Avenue • Machine Avenue • Wilson Lane 7.1.17 Extend one stub street from the east (E. State Street) and two from the south (Webb Avenue and Machine Avenue). 7.1.18 Construct one new stub street to the west (Wilson Lane). Provide a temporary turnaround at the terminus of this stub street and install a sign stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.19 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any 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 damai;ed 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. Exhibit B • ~ • 7.2.6 Utility street cuts in pavement less thar- 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 ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full businf;ss days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 3'87-6190 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~irestrictions 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 g.1 We have no objections to this proposal. Exhibit B ~J C. Legal Description & Exhibit 1Vlap .DESCRIPTION FOR PINEBRIDGE OVERALL PARCEL December 26, 2006 • • A PARCEL OF LAND BEING PORTIONS OF THE NW Y°, THE NORTH HALF OF THE SE Y AND 7f1E NORTH HALF OF THE SW Y OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 8, T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°34'33" E 1591.59 FEET ALONG THE NORTH LINE OF SAID SECTION 8 TO A POINT; THENCE S 00°05'54" W 40.76 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF FAIRVIEW AVENUE, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 89°59'07" E 867.33 FEET ALONG SAID SOUTHERLY RIGHT OF WAY TO A POINT; THENCE S 00°04'24" V11 1102.70 FEET TO A POINT; THENCE N 89°36'25" E 193.77 FEET TO A POINT ON THE EAST LINE OF THE NW '/< OF SAID SECTION 8; THENCE S 00°04'01" W 1502.84 FEET TO THE SOUTHEAST CORNER OF THE NW '/ OF SAID SECTION 8; THENCE S 00°05'17" W 45.00 FEET ALONG THE WEST LINE OF THE SE'/° TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE; ALONG THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE THE FOLLOWING: THENCE N 89°39'03" E 330.64 FEET TO A POINT OF CURVATURE; THENCE 164.20 FEE'f,ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF. 444.28 FEET, A DELTA ANGLE OF 21°10'34", A TANGENT OF 83.05 FEET AND A CHORD BEARING OF N 79°03'46" E 163.27 FEET TO A POINT OF TANGENCEY; 19642-0 VERALLPARCEL. Exhibit C • ~ • • THENCE N 00°20'57" W 15.00 FEET TO A POINT; THENCE N 89°39'03" ! 1683.48 FEET TO A POINT; THENCE S 00°20'57" E 33.00 FEET TO A POINT; THENCE N 89°39'03" E 353.77 FEET TO A POINT; THENCE S 44°22'51" E 22.68 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; LEAVING SAID SOUTHERLY RIGHT OF WAY OF PINE AVENUE AND ALONG THE WESTERLY RIGHT OF WAY OF EAGLE ROAD THE FOLLOWING: THENCE S 01°02'07" W 770.98 FEET TO A POINT; THENCE 5 71°10'34" W 74.43 FEET TO A POINT; THENCE S 01°02'07" V1/ 50.00 FEET TO A POINT; THENCE S 69°31'00" E 13.77 FEET TO A POINT; LEAVING SAID WESTERLY RIGHT OF WAY OF EAGLE ROAD: THENCE N 88°55'23" W 2423.39 FEET TO A POINT; THENCE N 00°05'17" E 97.08 FEET TO A POINT; THENCE N 89°55'00" W 13.46 FEET TO A POINT; THENCE N 44°54'55" W 42.49 FEET TO A POINT; THENCE N 00°05'17" E 48.11 FEET TO A POINT; THENCE N 89°55'00" W 6.50 FEET TO A POINT ON THE WEST LINE OF THE SE Y< OF SAID SECTION 8; THENCE N 00°05'17" E 0.31 FEET TO A POINT; THENCE S 89°38'12" W 1329.04 FEET TO A POINT; THENCE N 00°01'11" E 331.21 FEET TO A POINT; THENCE S 89°38'43" W 657.47 FEET TO A POINT; 19642-OVERALLPARCEL Exhibit C • • THENCE N 00°00'36" E 331.45 FEET TO A POINT ON THE SOUTH LINE OF THE NW Y. OF SAID SECTION 8; THENCE N 89°38'58" E 25.01 FEET TO A POINT; THENCE N 00°00'36" E 810.68 FEET TO A POINT; THENCE N 89°59'33" W 662.38 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF LOCUST GROVE ROAD; THENCE N 00°00'16" E 670.41 FEET ALONG SAID RIGHT OF WAY TO A POi NT; THENCE S 89°59'39" E 483.27 FEET TO A POINT; THENCE S 55°51'09" E 314.44 FEET TO A POINT; THENCE S 65°46'37" E 588.99 FEET TO A POINT; THENCE S 68°24'37" E 195.54 FEET TO A POINT; THENCE N 00°09'39" E 1189.46 FEET TO A POINT; THENCE N 89°53'28" E 100.03 FEET TO A POINT; THENCE N 00°05'54" E 435.78 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 169.80 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. MICHAEL E. MARKS, PLS NO. 4998 BV MERIDIAN PUBLIC WnRKS DEPT. 19642-0 VER.ALLPARCEL Exhibit C s• •• 06 05 _ - OZ 08 NW SECTION CORNER SEC9 CP&F~}938t309 N Io I~ 5 8.34.33., W. N 89'34'33" E FAIRVIEW AVENUE 1591:59' S00'05'S4"W w ' 4C.76 in EXH!~IBIT "B" o Z ' N89'S3'28"E 100.03' 2652.58'. 05 1061.36' S89'S9'07"E 867.33' ~8. o I N ~° Io 0 ~ I _. REVI AP RLVAL I is (-o I `,° ~v ° ` I °w l o I ~ `~ _ ut ~89'S9'39"E S WcRKS ='E=,. w I~- 483.27' SSS~, ,~~ N89'36'25"E . C O ~ gg, F ~ ~~ ~ sss. IS °II`~ ~ 58899,E Z of w w ~^ ~ O ~ 0 n a° z N89'59'33"W F ° OV_RALL PARCEL ~ I °o ° 662.58' 7,396,686 sq.it. ' ? 568'24'37"E 195.54' 169.80 ocres o I ` -? 5.00' v o ~:,! o o '~ ~ i N ol~ c O olOp z I I~ O N 89'38'53" E 25.01' 2649.67 CENTER t/4 CORNER 490.79 07 '- w -1952.36' - wt/a "ORNER 662.30': + 500'05'17"W 330.6a' SECTION 8 rcOj ~ ~ 45.00' CP&~ ai02003706 ~ ~ ~"~ n . ' o ~~ °o ~' S89'38'43"W o° ~ Z 657.47' w _ ~ I ;o N Z N 07 08 0 ~ N00'OS'17"E °o `~ 589'38' i 2"W 1329.04' 0.31 ~o ~~ Z ~ ~ _ REv~s~oNs I PINEBRIDGE OVERALL PARCEL LEGAL Stanley Consultants ~. DESCRIPTION EXHIBIT 1940 s. BONITO WAY 1 LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. suiTE tao MERIDIAN, IDAHO 836a2 MERIDIAN, ADA COUNTY, fDAHO 208-288-os73 DRAtvN: MEM DATE: ,2/15/OE SCALE: t=400 J06 N0. t9Ga2 Exhibit C • • EXHIBIT "C" 05 _ _ 2644.03' OS Oa S 89'S7'tt" w o ~ ~ ~. ~ O FAIRVIEW AVENUE -- D8 09 N G ~ n ~ N n N I N N89'30'25"E 193.77' - I I -~. I N 0 0 ~ o v 0 CURVE TABLE CURVE, LENGTH RADIUS DELTA TANGENT CHORD BEARING CHORD Ct t6a.20' aA4.28' 21't0'3a" 63.05' S 79'03'46" w 163.27' nl 0 Ir ~I r N ~r NS PINEBRIDGE OVERALL PARCEL LEGAL DESCRIPTION EXHIBIT LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. MERIDIAN, ADA COUNTY, 1DAH0 MEM '.DATE: 12/15/06 SCALE: t=400 LLI I ~ o Stanley Consultants INC 1940 S. BONITO WAY SUITE t 40 MERIDIAN, IDAHO 83642 208-288-0573 I J08 rt0. t9G42 ' LINE TABLE UNE LENGTH BEARING L-1 13.46 N89'S5'00"W ~ L-2 42.49 N44'S4'S5"~'~ L-3 0.50 N89'S5'00"vd ' L-4 33.OG 500'2057"E L-5 15 OC N00'20 57"W o o ~i I Z of Q 0 0 o a o I~ N e W ~ , J w I U Z I Q 0 500'0517 W W 45.00' v ~ S 89'39'03" w 26 i 5.02' PINE AvENUE aa0.75" 08 09 ~ 490.79' ~ - - - ~ - w - - 1683.48' L 353.77" '~4 c 330.64' C1 LS ,; 544'Z2'St "E _^. 27_.68' 3 I c+ ^ '~ j~ ~ CU nl ~ GVERALL PARCEL CIO w ~~ •~ 7,396,686 sq.ft. of ~ o N00'OS'17"E 169.80 ocres '~I °' 48.11' ~ 571'10'34"W ~ L3 74.43 L2 ~Ol'02'07"W I .o I 1 _ _ _ N88'S5'23"W_ _ _ 50.00' W, 7.423.39r 569'31'00"E ~I ~ ~^ rn N00'05'17"E 13.77 °c ~~I° 97.08' ~ ^ o ~ S 88'57'53" E °11D t~7_o~' 08 09 Exhibit C • . • • DESCRIPTION FOR PINEBRIDGE ANNEXATION PARCEL 1 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE NW Y, OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 8, T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°34'33" E 1591.59 FEET ALONG THE NORTH LINE OF SAID SECTION 8 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 89°34'33" E 191.60 FEET ALONG SAID NORTH LINE TO A POINT; THENCE S 00°02'34" W 325.02 FEET TO A P01NT; THENCE N 89°34'33" E 95.00 FEET TO A POINT; THENCE N 00°02'34" E 325.02 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 8; THENCE N 89°34'33" E 580.75 FEET ALONG SAID NORTH LINE TO A POINT; THENCE S 00°04'24" W 1150.10 FEET TO A POINT; THENCE N 89°36'25" E 193.77 FEET TO A POINT ON THE EAST LINE OF THE NW'/a OF SAID SECTION 8; THENCE S 00°04'01" W 622.51 FEET ALONG SAID EAST LINE TO A POINT; THENCE S 88°13'39" W 847.84 FEET TO A POINT; THENCE N 68°24'37" W 321.74 FEET TO A POINT; THENCE S 00°02'44" E 829.49 FEET TO A POINT; THENCE S 89°38'58" W 817.40 FEET TO A POINT; THENCE N 00°00'36" E 660.67 FEET TO A POINT; 19642-ANNEXATION PARCEL 1 Exhibit C • • • • THENCE N 89°59'33" UV 687.36 FEET TO A POINT ON THE WEST LINE OF THE NW '/4 OF SAID SECTION 8; THENCE N 00°00'16" E 670.41 FEET ALONG SAID WEST LINE TO A POINT; THENCE S 89°59'39" E 508.27 FEET TO A POINT; THENCE S 55°51'09" E 314.44 FEET TO A POINT; THENCE S 65°46'37" E 588.99 FEET TO A POINT; THENCE S 68°24'37" E 195.54 FEET TO A POINT; THENCE N 00°09'39" E 1189.46 FEET TO A POINT; THENCE N 89°53'28" E 100.03 FEET TO A POINT; THENCE N 00°05'54" E 476.54 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAWING 69.47 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. REV JJ PPROVAL 24 , __ C,":Ei1lDIAN PUBLIC V.p~<xs DEFT. MICHAEL E. MARKS, PLS N0.4998 19642-ANNEXATTON PARCEL 1 Exhibit C • ~ • • EXHIBIT "B" S 89'34'33" W 2652.56' 1/4 CORNER 05 OS FAIRVIEW AVENUE 05 1591.59' ~ f93.64' 8 ~7 0$ I ~ ~~ " ~ °I N 'N ~ c 'a o tO o v~ op ~ o I~ c rj N ~~ I ~ ANNEXATION PARCEL 1 ' I w m ~ 3,025,929 sq.ft. o~ -~~, 69.46 ocres o ~ N 58959'39"E ° '~ 508.27' SSSS °z l N89'36'25"E `Tlq 'oy•. X93.77' g4. F I 3 5654 o~.n O p g9. 0 0 ~ ~~ ~ O k. 568'24'37"E ~687q•3 °o F 195.54' 3?~ j9,W 58847,84' W ~., o ~ N89~59'33"W „~ o v 687.38' ~ o Z O N ~ J ~ ~ m'o P pOVAL w LiEV1E M n . A ? O ~ ~ I r ~ItD 1 O ~ p < Z MERIDIAN PUBt-~ °p i ~ y,~gRKS DEPT. z S89~38'S8"W 817.40' N 89'38'S8~' E _ ~ ~ ' n-i no 687.31' REVISIONS PINEBRIDGE ANNEXATION PARCEL ONE (1) Stanley Consultants ~N~ j LEGAL 'DESCRIPTION EXHIBIT 1940 S. BONITO WAY LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. suITE too MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 208-288-0573 DRAWN: MEM DATE: 12/15/06 SCALE: NTS JOB N0. 19642 Exhibit C ,~ • DESCRIPTION FOR PINEBRIDGE ' ANNEXATION PARCEL 2 December 26, 2006 Exhibit C A PARCEL OF LAND BEING A PORTION OF THE SW '/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SW '/4 OF SECTION 8 (WEST'/d CORNER),`T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°38'58" E 662.30 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 89°38'58" E 1987.37 FEET TO THE NORTHEAST CORNER OF THE SW'/a (CENTER'/. CORNER) OF SAID SECTION 8; THENCE S 00°05'17" W 662.33 FEET ALONG THE EAST LINE OF SAID SW'/< TO A POINT; THENCE S 89°38'12" W 1329.06 FEET TO A POINT; THENCE N 00°01'11" E 331.21 FEET TO A POINT; THENCE S 89°38'43" W 657.47 FEET TO A POINT; THENCE N 00°00'36" E 331.45 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 25.22 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY 19642-ANNEXATION PARCEL 2 ~Y-vi[ ?F=w~ - ~~^=KS DEpr. • • • EXHIBIT "C" O6 OS ~ FAIRVIEW AVENUE ' ' ' W -- -- -- ,'/< CORNER ,8 58' ,,~d 2652 07 D Ja S 89 1 3 1 . z r o , o o n °o ( °a c ANNEXATIDN I m I "' PARCEL 1 A I I I o• r~ e .~ I 'a ~ I4 o D ~ -.. _-_ -., - o 4 N 07 08 ~ _ 26a9.67' _ - - r, TER 1/ CE Z ~987.3T _ U O ~' O W O V' m p O ° m m se9'3e'a3°w ANNEXATION PARCEL 2 ss7.ai' ~ 1,098,607 sq.tt. ~ f z z 25 22 ocres ~ 4 - . p S o D ~ ~ 589'38'l2'W 0 ~__ _ _ _ __ , i 329.Oa' I t N ~AYNE INDUSTRIAL PARK c u REVtE ~y CVAt a v Z °u L O 0 •i" :.~.: j~~E~.!C :T REVISIONS PINEBR~IDGE ANNEXATION PARCEL TWO (2) Stanley Consultants ~~. LEGAL EXHIBIT 7940 5. BONITO WAY LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. sulrE Sao MERIDIAN,. ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 208-288-0573 DRAwN MEM DATE: t2/,t5/C6 SCnL~ 1'" =400' ~~08 N0. 19642 Exhibit C • DESCRIPTION FOR PINEBRIDGE REZONE PARCEL 1 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE SE Y< OF SECTION 8, TOWNSHIP 3 NORTH RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SE '/ (EAST'/ CORNER) OF SECTION 8, T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE S 89°39'03" W 440.75 FEET ALONG THE NORTH LINE OF THE SE '/<TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°20'57" E 33.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE; THENCE N 89°39'03" E 353.77 FEET ALONG SAID SOUTHERLY RIGHT OF WAY TO A POINT; THENCE S 44°22'51" E 22.68 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE I~OAD; ALONG THE WESTERLY RIGHT OF WAY OF EAGLE ROAD THE FOLLOWING: THENCE S 01°02'07" W 770.98 FEET TO A POINT; THENCE S 71°10'34" VV 74.43 FEET TO A POINT; THENCE S 01°02'07" W 50.00 FEET TO A POINT; THENCE S 69°31'00" E 13.77 FEET TO A POINT; LEAVING SAID WESTERLY RIGHT OF WAY OF EAGLE ROAD: THENCE N 88°55'23" W 2423.39 FEET TO A POINT; THENCE N 00°05'17" E 97.08 FEET TO A POINT; THENCE N 89°55'00" 'W 13.46 FEET TO A POINT; 19642-REZONE PARCEL 1 Exhibit D • • • THENCE N 44°54'55"'JV 42.49 FEET TO A POINT; THENCE N 00°05'17" E 48.11 FEET TO A POINT; THENCE N 89°55'00"'V1l 6.50 FEET TO A POINT ON THE WEST LINE OF THE SE'/< OF SAID SECTION 8; THENCE N 00°05'17" ~~ 617.64 FEET ALONG SAID WEST LINE TO A POINT ON THE SOUTHERLY"!RIGHT OF WAY OF PINE AVENUE; ALONG THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE THE FOLLOWING: THENCE N 89°39'03" E 330.64 FEET TO A POINT OF CURVATURE; THENCE 164.20 FEEL' ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS 01= 444.28 FEET, A DELTA ANGLE OF 21°10'34", A TANGENT OF 83.05 FEET AND A CHORD BEARING OF N 79°03'46" E 163.27 FEET TO A POINT ON A CURVE; THENCE N 00°20'57" i~/ 15.00 FEET TO A POINT; THENCE N 89°39'03" F_ 1683.48 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. SAID PARCEL CONTAINING 49.64 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. kEVi'c\N D~RC'vAt_ Y_, r.k ~ ~ 2~LIG ~`go,.ouc r.~.-LT. 19642-REZONE PARCEL 1 Exhibit D EXHIBIT "E~" • • CENTER 1/4 CORNER PINE AVENUE 1/4 CORNER N 89'39'03" E 2615.02' aa0.75' O8 09 00' 49V79' ~ - i683.48~ 330.64' ~ 353.77' N 89'39'03" E Cl N00'20'S7"W N 89'39'03" E 15.OOT- S00'20'S7"E S a4'22'St''E ~ 33.OD' 22.68' I ~~ 3 ~ REZONE PARCEL 1 oI~ ~ ~~ ~ N O N 2,162,334 sq. it. ~~^lo ~ w L3 49.64 ocres v°li~ ~ N N00'05'17"E S71'i0'34"W 48.11' ~ L2 ~a a3.-~ 0o L1 N00'OS'17"E ~ SOT'02'07"W Z 97.08 55^0.0~ ~88'S5'23"W ' 2423.39' 569'31'00" 13.77' O~ S 88'57' S3" E ~ N t27.02' 1/16 CORNER ttE1~1t ~ :~y 1-r -GVi-. O$ FRANKLIN ROAD S 89'39'17" W ~`~ .°~it5 GEa1'. 1/4 CORNER 2570.96' LINE TABLE U,vE• LENGTH BEARING jL- i 13.46 N89'S5'00"W L`-2 42.49 N44'S4'S5"W L-3 6.50 N89'S5'00"W ZN Q s z 0 " REVISIONS N CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CHORD BEARING CHORD C1 164.20' aaa.28". 21'10'34" 83.05" S 79'03'46" W 163.27' PINEBRIDGE REZONING PARCEL (1) LEGAL DESCRIPTION EXHLBIT LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. MERIDIAN, ADA COUNTY, IDAHO MEM DATE: 12/16/06 SCnLE: t=a00 08 09 17 16 Stanley Consultants ~~. 1940 S. BONITO WAY SUITE 140 MERIDIAN, IDAHO 83642 208-288-0573 I o a 0 ' J a I ~ w 3 00 ^ v o N I o JOB N0. 19642 Exhibit D ~ • • • DESCRIPTION FOR PINEBRIDGE REZONE PARCEL 2 December 26, 2006 A PARCEL OF LAND E3EING A PORTION OF THE NW Y., OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NW '/. OF SECTION 8 (WEST'/. CORNER),~T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°38'58" ~E 687.31 FEET ALONG THE SOUTH LINE OF THE NW '/. TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 00°00'36" E 150.00 FEET TO A POINT; THENCE N 89°38'58" E 817.40 FEET TO A POINT; THENCE N 00°02'44"'W 829..49 FEET TO A POINT; THENCE S 68°24'37" E 321.74 FEET TO A POINT; THENCE N 88°13'39" E 847.84 FEET TO A POINT ON THE EAST LINE OF SAID NW'/d: THENCE S 00°04'01" W 880.32 FEET TO THE SOUTHEAST CORNER OF SAID NW'/.; THENCE S 89°38'58°'W 1962.36 FEET TO THE REAL POINT OF BEGINNING. ' SAID PARCEL CONTAINING 26.03 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. REVI AP JVAL BY ^. MERIDIHN PUBLIC \~~ORKS DEPT. 19642-REZONE. PARCEiL 2 Exhibit D • ~ • EXHIBIT "~'' Da OS o~ oe r O I n c ~ . c~ 0 < . m ~ I 0 A 0 FAIRVIEW AVENUE o5 ~~ ~ ~ ~ _~ ~ ~ ~ ~~ ~ ~ t/4 CORNER PINE o~ os AVENUE N89'38'S8"E 687.31' S 82,4 ~~£ N88'13'39"E da7.84' z o 0 ~ Flo o ,y `°-~"• REZONE PARCEL 2 0~0 ~ 1,133,930 sq.ft. N~o 26.03 ocres I 89'38'58"E I 817. a0' CENTER 1/4 CORNER ~~ ~ 589~38'S8"W ... 1962.36' J Z Y REVISIONS PINEE3RIDGE REZONfNG ~ PARCEL (2) LEGAL Stanley Consultants .NC. j DESC;RLPTtON EXHIBIT 1940 S. BONITO WAY LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. SUITE tao x MERIDIAN, IDAHO 83642 MERLDIAN, ;ADA COUNTY, IDAHO 2pg-pgg-0573 DRAWN: MEM DATE: t 2/26/06 $CA! F: 1=400 JOB N0. 196a~ Exhibit D • • • • D. Required Findings from U~ufied Development Cade Annexation and 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 zone all of the subject property to C-G. The City Council finds that the propcised zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Repr~rt. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; If the applicant enl:ers into a development agreement with the city, the City Council fmds that future development of this property will comply with the established regtlations and purpose statement of the C-G zone. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on arty 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 deliwery of services by any political subdivision providing public services within the City including, but na~t limited to, school districts; and, The City Council finds that the proposed zoning amendment should not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation its in the best of interest of the City (UDC 11-SB-3.E). If the applicant eiiters into a development agreement with the City, the City Council finds that the annexation of this property is in the best interest of the City as it meets the intent of the Comprehensive Plan. 2. Preliminary Plat Findings: In consideration of a, preliminary plat, combined preliminary and final plat« or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff generally supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Exhibit D ~ ~ ~ ~ The City Council finds that. public services can be made available to accorrunodate the proposed developrxient. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the develciper is installing sewer, water, and utilities for the development at their own cost, the City `Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development: will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD'considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. f. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural or scenic features on this site. However, there are several old structures located at the corner of Nola and Pine that may be classified as historical structures. The City Council finds that the Applicant should meet with the Historic Preservation Commission to determine if these structures should be preserved. Staff recommends that the Commission and Council reference any public testimony that m:ay be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Variance Findings: The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-SB-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: a. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: In addition to Pine Avenue/Street, the applicant is proposing to use two other access points to Eagle F'.oad. If the City Council grants the two proposed access points on Eagle Road/SH55, it would grant a right that is currently prohibited not only in the C-G zone but for all new development adjacent to state highways. Several public access points are available to this site from N. Locust Grovt; Road and E. Fairview Avenut; and an access point via E. Pine Avenue already exists to SH 55. Therefore, Staff does not find that the request is consistent with UDC 11-SB-4E-1 and this finding does not apply to the subject property. However, the City Council does find Exhibit D •• •• that the Applicant's request is consistent with. L-I:7C 11-51~-4EY anal approves the access point to Eagle Read from Commercial Street. (Note: The applicant withdrew the Variance request for the proposed access point to Eagle located between Commercial and Pine.) b. The variance relieves an undue hardship because of characteristics of the site; Council finds that the location of this site, being on a major arterial, justifiers an access point being constn:~cted to Eagle Road/SH 55. c. The variance shall not be detrimental to the public health, safety, and welfare. It is important to limit access points on major roads such as highways, a~~ their main function is to move traffic over longer distances at higher speeds. This means separating access points on said roads so that turning movements occur at fewer locations. Frequent access points do increase congestion. And as traffic congestion increases, so does the likelihood of traffic conflict and the potential for accidents. Council finds that granting the proposed access point to Eagle from Commercial will not be detrimental to the public health, safety, and welfare and is approved. NOTE: The applicant withdrew the Variance request for an access point to Eagle Road proposed between Commercial and Pine. Exhibit D • February 15, 2008 • • MI 07-015 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT Tuscany Development, Inc. ITEM NO. 6-F REQUEST Addendum to DA -- Request for an MI application to modify existing DA listing the permitted 8. prohibited home occupational uses within the Brownstones S. ensure Brownstones 8. future condos are constructed as shown w/submitted elevations for Gramercy Townhomes 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 Addendum tc- DA ~l~prov er OTHER: Contacted: ~L~~ ~ ~~`'~ Date: ~.~ ~ 5 Phone: Emailed: ~ ~ K'~CU }~-riC-r Staff Initials: ~° Materials presented at public meetings shall become property of the City of Meridian. • • d411;U~U~ ~I;~I;;IP,,PIIVI'V°9'' f'liliil;fC;lf'L~CUIi;f4,~ll, f;ld~ihl'11;;111~!I'I,IP91^II~ d49u114;VIJPd"I' dal;l I:i IlIIC;II$idi! 11;~I1'I~I°IC;I I;I'll?~''li''~I:~i'~I;Ilil I;Ir'I.~,i"I U~'I'r~l ICPlfif'~lD'll'~B~ I~°~;aClli ,"Ih~~.~n~,~li~~,;~~~:~~1 ~ VI ~N NNI fl i I~ I ~~ ~ ~ I~i~'~ d NN N ~I I' ~ W M ~ G~ I~~~~,I~r,r;i~r~l„IVECi ~-~N~G~ki~u,ll!';~ul°I° G,I~~~ ~iV~, ~f h'I~ridian 1 E:1c~Ei~~~:~~,;~. ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Tuscany Development, Inc., Owner/Developer This addendum is made and entered into this ~~5, day of ~'~ : ~;'~.~ -- 2008, by and between CITY OF MERIDIAN, a municipal corporation of the Mate of Idaho, hereafter called CITY, and Tuscany Development, Inc., LLC whose address is 6223 N. Discovery Way, Boise, Idaho 83713, hereinafter called OWNER/DEVELOPER. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain DEVELOPMENT AGREEMENT (Instrument # 106141056) on the land described in Exhibit "A" ("Property"). B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement in accordance with the terms in this Addendum, which terms have been approved by the Meridian Planning and Zoning Commission and the Meridian City Council in accordance with Idaho Code Section 67-6511A. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended to add the following: SECTION 4. Uses permitted by this agreement: 4.3 The home occupational uses within the Brownstone (Live/Work units) shall adhere to the home occupation requirements in accordance with UDC 11-4-3-21. 4.4 Permitted home occupation uses shall include: professional offices (i.e. attorney, accountant, architect), art studio (i.e. photography, painting, graphic design (and specialty retail (i.e. custom jewelry, arts and crafts). 4.5 Prohibited home occupation uses shall include restaurants, coffee shops, food preparation, personal service (i.e. hair, tanning, nail salon), retail and other uses that create high volumes of traffic into the residential portion of the development. ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-015 GRAMERCY TOWNHOMES) PAGE 1 OF 4 . • • 4.6 The proposed townhomes and multi-family buildings shall be constructed with high quality materials, including but not limited to, stucco with substantial brick or stone accents. Elevations shall substantially conform to the elevations submitted with PP-07-018 and CUP 07-018. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation of the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This second addendum shall be binding on the Owners/Developers of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Addendum. 4. If any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This addendum sets forth all promises, inducements, agreements, condition, and understandings between Owners/Developers and City relative to the subject matter herein, and there are no promises, agreements, conditions or under-standing, either oral or written, express or implied, between Owners/ Developers and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this second addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-015 GRAMERCY TOWNHOMES) PAGE 2 OF 4 • • • 6. This addendum shall be effective as of the date herein above written. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: TUSCANY DEVELOPMENT, INC. BY: CITY OF MERIDIAN BY: Mayor Tam de Weerd ,,~,,., Attest: \\\,\°~ ~r _ ~~!°.~~ _ `" _ ' s ~~. _..... _ _ _ - ' ,City Clerk ~ ~ d"'; Y ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-015 GRAMERCY TOWNHOMES) PAGE 3 OF 4 • ~ ! ~ STATE OF IDAHO ) County of Ada, ss: On this ~< ~ day of ~G rl , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared ~-~.,.f ~ ~~ ~ n S,~ known or identified to me to be the '~~,-e~',d ~,.~,~- of Tuscany Development, Inc., and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) -.~~_~• ~rJ~r~~ee®®~ Y C 0® E ~ ~ (~ ~ ~~ a P~ ®° ~: s, oa ®® ~ ~J? 1 S1 ® .6 STATE OF IDAHO ) County of Ada ss `-~~~ `.~.~,.~ ~ Jam, _ Nota Public for Idaho Residing at: r-) • ~ .~ l-~ My Commission Expires: b' 3~ ~ ~ On this `q~ day of _ 200 before me, a Notary~QyC~~ Public, personally appeared Tammy de Weerd and Vwi 1'°m r-T~°~• ;' r., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the ~a~>M~r~ instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. peas°°°e~ •~ (~i ~~~ ,~,AR~ • ~ ~~ 0 `e~ • ° ~~~ (SEAL) ; ~`'" ~~ ~ ,E ~ Notary Public for Idaho s • ~ Residing at: ~ Q,,~ L~ ~ ~ ~ ~~- ~, ~ t`~,,``` ~~~G,-~•~op Commission expires: ~0 ~) l '1) ~'~"~ TE O~ p~ ~.... • ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-015 GRAMERCY TOWNHOMES) PAGE 4 OF 4 • • L..!1 1.5' t~l.^ .h„Lli:,l.~,.1J.711,~h..l~,l L.'11... ~4:p~d'I'da'I'~dB , .~ .. _~,.i .,l .. ~,, :r ~,~~ ,,,~,, r~ ::.:. :;~ ~:r:n,,..~..,.....:::~~ ~~ {;i ~ ~ ~..~ ::i ..:::; ,a r,~,,,, ,..., ..., ;i ..... a .. .., ..,i ,...,,:,p ~' ~:n :::;r ,. ,.~,.....i . IL. ll..l. , ~.I, . I I I. IL.. I I'P I ~ ,.I I 1 1...1 l..l l ,. it I ,.., I. ,. 1. ~I L.L.. L .LL. , i I , ~I ~ d i,..~~ ,L.,i ~. ~I ,I_. L..I ~I II L. L..L.., ~ IJ.., II_. l ,. 1i, ..: i_I Li , C. Legal Description & Exhibit IvlCap ~ ("~ ~' - - ~~=. ~~ 6DA':H O :Ig50 East:Watertower St. Site I So ~ ;; SURVEY Meridian, Idaho 83b42 • ~ `', 1. ~ GROUP Phone (208) 846-8570 ~' ~• - _ Fax. (308) 884-5399 ~ July 26; 2007 Pr_•oposed Meridian TNR zone Gramercy "Subdivision A parcel of land located in the West % of the NE Y< of Secfion 20, T.3N., R1E., ' B:M., Meridian, Ada County, Idaho, more particulazly as follows: Commencing at the North '/. comer of said. Section 20, from. which the Northeast corner of said section bears Noth'89°46'02" East; 2656:88 feet; thence along the west line of.the NE'/4 of said 5ecbon 20 South 00°24'04" West; 1541.32 feet; thence South 89°3'5'56" Bast,. 265.OQ. feet to the REAL POINT OF.BEGIIVNING. 'T'hence continuing'South 89°35'56" East, 75$.14 feet; Thence 39:27 feet along the arc. of a curve to the right, said curve having a radius of.25.00 feet, a delta angle of 90°00'00"; and a long chord bearing South 94°35,'56" East, 3S:3b feet to a point of tangency;. Thence South 00°24'04'" West, 153.00 feet to a point of curvature; Thence 31:42 feet along the azc of a curve to the right, said curve having a radius of 20:00 feet,. a delta angle of 9.0°00'00", and a Iong chord; bearing South 45°24'04" West, 28.28 feet. to a point:of tangency, Thence North 89°35'56" West, 768.14 feet; Thence North 44°35'56" West, 28.2$ feet; Thence North 00°24'04" East, 153.00 feet to a point of curvature; Thence 39.27 feet along the arc of a curve to the right, said curve having. a radius of 25:00 feet; a delta angle of 90°00'00", and a long chord beating North 45°24'04" East, 35.3b feet to the Point of Beginning. Containing 3.66 acres, more or less. REYI ~ ~PaROYAI BY S€P 1 X707 MERIDIAN PUBIIC WORI(S-DEPT. 60615-ttuzone.doc ' Pr:o.fes.sl.ono! laan.d Surveyors Exhibit C ~ , February 15, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT David Dean •. February 19, 2008 AZ 07-0 l 7 REQUEST Development Agreement -- Request for Annexafion ano 6"G 40.4 ~cres from RUT to C-C zone (21.3 acres), R-8 zone (6.27 acres) and R 9 02.87 acres) for Three Corncrs -- 63x0 North Locust Grove Road ( AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: COMMENTS CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Development Agreement A.~t-o%, Contacted: ~ m `~ d. Emailed: Date: 2 - , ~ Phone: Staff Initials: Materials presented at pu meetings shall become property of the City of Meridian. TOOTHMAN-ORTON E~I~RING COMPANY Consulting Engineers and Planners 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 PHONE: (208) 323-2288 FAX: (208) 323-2399 TO: Meridian City Clerks Office Meridian City Hall 33 East Idaho Ave. Meridian, Idaho 83642 RECEIVED JAN 3 1 2008 City Of Meridian City Clerk Office WE ARE SENDING ^^ Shop drawings Copy of letter ^ Attached ^ Prints ^ Change ^ Under separate cover the following ^^ Plans ^ Samples ^ Specifications Signed DA by Courier Service COPIES DATE NO. 1 1 /31 /08 DESCRIPTION Ori final Develo ment A reement w/ Deans Signature and N THESE ARE TRANSMITTED as checked below ^^ For approval ^ Approved as submitted ^ Resubmit copies for approval ^ For your use ^^ Approved as noted ^ Submit copies for distribution ^ As requested ^^ Returned for corrections ^ Return corrected prints ^^ For review comment ~ For Ci Council A royal ^^ FOR BIDS DUE 20 ^ PRINTS RETURNED AFTER LOAN TO US REMARKS: COPY TO SIGNED: Tim Mokwa, Project Manager DOCUMENTI If enclosures are no[ a.c Holed, kFnd/y nalify us at once. L~C~r~C~G°3Oo~ ~°~~~~^V~/~°~ Date Job No. 1-31-2008 ~ 07121-10-201 ATTENTION Tara Green, Deputy City Clerk RE: Development Agreement - AZ 07-017 Three Corners Subdivision ~/rE IDIZ IAN,- ~J January 29, 2008 Tim Mokwa Toothman Orton Engineering, Co. 9777 Chinden Boulevard Boise, ID 83714 • ~~~~~~~~ Re: Development Agreement -Three Corners AZ 07-017 Dear Mr. Mokwa, MayorTammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba Enclosed please find the original Development Agreement for Three Corners, which is ready for your review and signatures of the appropriate parties. Please sign where indicated and return to the City of Meridian City Clerk's Office for placement on the next available City Council Agenda for approval. Please call me if you have any questions at 208-888-4433. Sincerely, ~~ Tara Green Deputy City Clerk enc. . ~ ADA COUNTY RECORDER J. DAV~VAR AMOUNT .00 14 BOISE IDAHO 02128108 01:41 P DEPUTY Patti Thompson II I I l II ll I f II I I II I III I II I I'll I I ~II RECORDED-REQUEST OF Ciry of Meridian 1 ~o~c~~ki7 DEVELOPMENT AGREEMENT PARTIES: I . City of Meridian 2. David J. Dean and, Luane I. Dean, Owners/Developers THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this ~J~51 day of „_ , 2008, by and between City of Meridian, a municipal corporation of the State of I aho, hereafter called CITY, and David J. Dean and Luane I. Dean, whose address is 1746 E. Dunwoody Court, Meridian, Idaho 83642, hereinafter called OWNERS/DEVELOPERS. RECITALS: 1.1 WHEREAS, Owners/Developers are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owners/Developers have submitted an application for annexation and zoning of the Property's described in Exhibit A, and has requested adesignation of C-C, Community Business District; R- 8, Medium Density Residential District; and R-2, Low Density Residential District (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owners/Developers made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the DEVELOPMENT AGREEMENT (AZ 07-017) THREE CORNERS PAGE 1 OF 11 • Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 8th day of January, 2008, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Owners/Developers to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNERS/DEVELOPERS deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owners/Developers to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT (AZ 07-017) THREE CORNERS PAGE 2 OF 11 • ~ ~ • 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNERS/DEVELOPERS: means and refers to David J. Dean and Luane I. Dean, whose address is 1746 E. Dunwoody Court, Meridian, Idaho 83642, the parties that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned C-C, Community Business District; R-8, Medium Density Residential District; and R-2, Low Density Residential District, attached hereto and by this reference incorporated herein as if set forth at length. 4. USE5 PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2A and § 11-2B which are herein specified as follows: Construction of 33 residential lots, 11 commercial lost and 10 common lots in the proposed C-C, R-8 and R-2 zoning districts on 40.4 acres. The pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 07-017 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners/Developers shall develop the Property in accordance with the following special conditions: 1. Development of the property shall substantially comply with the residential elevations and building materials (stucco and fiber cement siding, concrete the or architectural composition shingles and brick or stone accents painted in earth DEVELOPMENT AGREEMENT (AZ 07-017) THREE CORNERS PAGE 3 OF 11 • • tone colors) and the conceptual site plan submitted with the subject application (see Exhibit A), including the concepts outlined below. - Pedestrian connections shall be constructed between commercial buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks; - Commercial structures shall be built adjacent to roadways with parking to the rear and sides of the structures; - Minimum of 8 buildings with no one building exceeding 33,600 square feet. The maximum allowable non-residential square footage for this development, excluding the private school, shall be 100,000 square feet. - Provide the amenities as shown on the concept plan including but not limited to a pond with water feature, a common pathway along the perimeter and internal to the proposed development, picnic shelter with barbeques, entry feature on Lot 1 Block 5 and an entry feature highlighting the entrance into the development. The applicant shall also provide an additional plaza area within the commercial portion of the development to include sitting benches and a water feature. - Windows, awnings, or arcades totaling at least 30% of the length of the facade shall be provided for facades that are viewable from other structures; - Exterior building walls shall demonstrate the appearance of high quality materials of stone, brick, wood, or other native materials (acceptable materials include tinted or textured masonry block, textured masonry block, textured architectural coated concrete panels, or stucco or stucco like synthetic materials -smooth faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials; - The commercial building design shall incorporate at least 2 changes in one or a combination of the following: color, texture and materials; - Rooflines shall demonstrate 2 or more of the following: overhanging eaves, sloped roofs, two or more roof planes, varying parapet heights, and cornices; - The primary building entrances shall be clearly defined by the architectural design of the building. 2. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 3. The Applicant shall be responsible for all costs associated with sewer and water DEVELOPMENT AGREEMENT (AZ 07-017) THREE CORNERS PAGE 4 OF 11 • service installation. 4. The following shall be the allowed uses on this property: Permitted and accessory uses within the C-C zone. All conditionally permitted uses on the subject site shall be subject to CUP approval. 5. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. The Applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review approval from the Planning Department prior to any commercial building construction on the subject property. Except for one full-access for the private school and one public street access to Locust Grove Road, no other access points to Locust Grove Road or Chinden Boulevard shall be allowed. 8. Construct a 35-foot wide landscape street buffer along Locust Grove Road and Chinden Boulevard as proposed. Include the construction of a 10 foot wide pathway adjacent to Chinden Boulevard in accordance with UDC 11-3H-4. 9. Construct a minimum 25-foot wide landscape buffer between all C-C zoned property and residential uses. 10. Preserve a minimum 70-foot wide right-of--way for Chinden Boulevard, and construct a minimum 10-foot wide pathway adjacent to the site. (. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owners/Developers or Owners'/Developers' heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Propert}~' of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owners/Developers consent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: DEVELOPMENT AGREEMENT (AZ 07-017) THREE CORNERS PAGE 5 OF 11 • r • i 7.1 That the City provide written notice of any failure to comply with this Agreement to Owners/Developers and if the Owners/Developers fail to cure such failure within six (6) months of such notice. ~. INSPECTION: Owners/Developers shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Owners/Developers, or Owners'/Developers' heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owners/Developers of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owners'/Developers' cost, and submit proof of such recording to Owners/Developers, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City orOwners/Developers, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. DEVELOPMENT AGREEMENT (AZ 07-017) THREE CORNERS PAGE 6 OF 11 • ~ • • 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owners/Developers shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owners/Developers or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owners/Developers agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owners/Developers agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developers/Owners has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owners/Developers agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER/DEVELOPER: DEVELOPMENT AGREEMENT (AZ 07-017) THREE CORNERS PAGE 7 OF 11 • • c/o City Engineer David J. Dean and Luane I.. Dean City of Meridian 1746 E. Dunwoody Court 33 E. Idaho Avenue Meridian, ID 83642 Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request ofOwner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. DEVELOPMENT AGREEMENT (AZ 07-017) THREE CORNERS PAGE 8 OF I 1 • • 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subj ect Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. EVELOPERS a~ ~~ ua e I. Dean CITY OF MERIDIAN DEVELOPMENT AGREEMENT (AZ 07-017) THREE CORNERS PAGE 9 OF 11 • • ATTEST: ~~~ By: MAYOR TA de WEERD Approved by City Council ,, ;; f ~~., CITY CLERK SY~c ~Iman STATE OF IDAHO, ) County of Ada, ) ss 2-19-n~ .j - F _. On this ~~ s~ day of ~n I/1G 2008, before me, the undersigned, a Notary Public in and for said State, perso ally appeared David I. Dean, known or identified to me to be the person who signed the above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) aaaq ` ii0~ ~M-y otary Public for Idaho ~~ ~-,r Residing at: ~Gl.r', ~ p~. pt,~ ,WT ~OTA,~~. ~ My Commission Expires: ~ U ~3b a ~ 3 ~~~ ~vs~.~~c ~~~~F o~ ~~~'~~ DEVELOPMENT AGREEMENT (AZ 07-017) THREE CORNERS PAGE 10 OF 11 • STATE OF IDAHO, ) County of Ada, ss S~ On this ~ day of 2008, before me, the undersigned, a Notary Public in and for said State, perso ally appeared Luane I. Dean, known or identified to me to be the person who signed the above and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ~~N~~uu~~~h~ ~••'~~.~ NURty~' otary Public fob I aho ~~ -' ^ I_ ~ ~ W' w ~~w~ ~pTA$ y ss Residing at: aX' ~ ,,, My Commission Expires: ~b 3 ~r ~°1Ug4~4 ~~~~s ~~ 1~*~' STATE OF IDAHO ) County of Ada ss On this ~ day of , 2008, before me, a Notary So-~-( etc Public, personally appeared Tammy de Weerd and ~ ~~-'^ 7~' know or ~o1rr~ identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal .the da~ and year in this certificate first above written. s ~~~ ,~~ w (SEAL) ; E~l'~~ 14 ~ otary Public nor Idaho -,, n n ° Residing at: ~ Q.-~CLWC~ , 1 p ~: ` G, ~F> Commission expires: ~(~- l l-1 I • ~,,. DEVELOPMENT AGREEMENT (AZ 07-017) THREE CORNERS PAGE 11 OF 11 Legal Description TOOTHMAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURVEYORS A:~ID PI.AMv'ERS 977: CHIDDEN BOULEVARD BOISE, IDAHCI 83714-2008 208-323-2286 FAX 208-323-2399 boise~e+tcengrco.com Project: 07 ]21 Da#e: September 7~ 2007 Revised: October 4. 2007 Paee: 1 of 1 EXFIIBIT "B" I.,and Description Gf Property for Annexation To the City of Meridian, Idaho • A parcel. of land located. in the North Half of the Nonhwest 1 /4 Df Section. 29, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, benig more particularly described as follows: BEGINNING ~d~the corner common to Sections 19, 20, 29 and 30; thence, along the northerly boundary of said Section 29, 1) 5.89°26'41"E., li26.49 feet to W 1116 corner common to Sections 20 and 29; thence. • 2) 5.00°3l' S9"W., 1324.64 feet to the east-west centerline of the NWl/4 of said Section 29; thence, along said centerline, ~) N.89°36'20"lX%., 1328.58 feet to theN 1/16 corner common to Sections 29 and 30; thence, alone the westerly boundary of said Section 29, 4) N.00°37'24"E., 994.36 feet; thence; 5'I N.00°37'24"E., 334.00 feet to the POINT OF BEGIN"N1TG. CONT.~INING: 40.4 acres, more or less. SUB.TECT TO all Covenants, Rights; Rights-of--Way, Easements of Record, and any Enc\unbrances. EXHIBIT "C" attached; and by this reference, made a part hereof. ~. REVfE'~~ ~~PP. VAL EY ;J'-~ r t . S~A c!?ICiAN i•UE LIG i~:vF:KS ~^.EG?. (This description is based on record survey data acrd is jor Annexation pul~oses only. ~1 fceld sun'ey wus not cnluiucted.) EI:\6?121\R'Pfiles'Survcy\EzhI3-NV,` Parcel-Mnex.do I30ISE COEL'R d'ALENE CAI.D~b'~;LL • ~ • TOOTHMAN-ORTON ENGINEERING COMPANY CCINSULTTNG ENGINEERS,-SURVEYORS ,AND PLANNERS 977i CHINDEN t;OULE\%ARD BOISE. IDAHO f?3774-20DS 2011-323-228& FAX 2u8-323-2399 boise~!oengrco.com Project: 07121 Date: Se-ptentber 7, 2007 Revised: October 4; 2007 Page: 1 of 2 EXHIBIT "ll" Land Description of Property for Rezone to C-C Lane A paT-cel of ]and located in the North 1-Ialf of the Northwest 1'4 of Section. 29, Tov~mship 4 North, Range 1 East, $aise lvleridian, Ada County, Idaho. being more particularly described as follows: BEGII~`1VING at the corner common to Sections 19, 20, 29 and 30; thence, along the northerly boundary of said Section 29, l) 5.89°26'41 "F.; 1326.49 feet to Z~' 1/16 corner common to Sections 20 and 29; thence. 2) S.UO°31'59"tiff., 342.50 feet; thence, 3) 5.58°11'08"~'., 240.00 feel; thence; 4) N.24°02'58"~~'.; 39.52 feet; thence; 5) Northwesterly along a curve to the left having a radius of 300.00 feet, an arc length of 342.45 feet, through a central angle oi`65°24'11", and a chord bearing and distance of N.>6°45'03"W., 324.16 feet; th.:nce, 6) N.89°27'09"W.; 187.49 feet; thence, 7} Southwesterly along a curve to the left having a radius of 300.00 feet, an arc length of 269.24 feet, through a central angle of 51 °25' 19", and a chord bearing and distance of 5.64°50' 11 "V,'.; 260.30 feet; thence, 81 5.39°07'32"Vd., 15.56 feet; thence, 9) S.44°26'45"E., 183.17 feet; thence, ] 0) Southwesterly along a curve to the lefthaving a radius of 121 AO feet, an arc lengtlT of 70.79 feet, through a central angle of 33°31'09", and a chord bearing and distance of 5.17°18'49"W., 69.78 feet; thence; 11) S.00°33'15"~7J., 14.83 feet; thence, l2) S.89°59'56"Vti%.; 3.09 feet; thence, 13} 5.00°37'20"W., 730.62 feet to the east-v~~est centerline of the NW i/4 of said Section 29; thence, along said east-west centerline, H:'~,0'12IllVPfileslSurve}hFa:hD-N\V Parcel-F.ezoneC.-i:.do:: BOISE COELR d'ALENE CALD~'v'ELL TOOTHMAN-ORTON ENGIIVEERING COMPANY Pro-ject_ 07]27 Date: September 7; 2007 Revised: October 4, 2007 Page: 2 of 2 • 14)N.89°36'20"~U., 510.00 feet to the N 1/16 corner common to Sections 29 and 30; thence, along the westerly boundary of said Section 29; 15)N.00°37'24"E., 7.328.36 feetto the PINT OF BEGINNING. CONT~IT`"IN(~: 21.3 acres. more or less. SLTB.IFCT TO all Covenants, Rights, Rights-of-Vr'ay, Easements of Record, and any ~.ncumbr~tces. E~H1BI"1' "G" attached, and by fliis reference, made a part hereof. (77zis description is based on record survey data and is.for Rezoning purposes only. A -field survey was not conducted.) nE'-'~'~~ }-wt~ ~~~~ti:1..t ~~~ J~f Y? V ii.!0' i21\V/P51z `Survey:rxhD-ti\~' Parcel•Rnnne C-N.doc i • • • TOOTHMAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SUR~BYORS RND PLANNERS 9777 CHINDEN BOULEVARD BOISE, IC::HC 83774-2004 208-323-2288 FAX 208.323-2399 boisenv. ic~engrc°.com Project: 07121 Date: September 7, 2007 Revised: October 4, 2007 Page: 1 of 2 EXHIBIT L°E" Land Description of Propem- for Rezone to R-2 Zone A parcel of land located in the North. i•lalf of the Northwest 1!4 of Section 29, TDUr~nship 4 T`rarth; Range 1 Fast, Boise Meridia73, Ada County, Tdaho, being more particularly described as follo~a~s: CON[MENCiNG at the corner common to Sections 19, 20, 29 and 30; thence, along the northerly botmdar} of said Section 29, :~l S.89°26'41"E., 132b.49 feet to the W 1!16 corner conuuon to Sections 20 and 29; thence, B) S.00°31'59"~~'., 342.50 feet to the POINT OF BFGTNNING; thence, 1) 5.00°3]'59"~'.'"; 982.14 feet io the vast-west centerline ..,f the NW1/4 of said Section 29; thence, along said east-west centerline, 2) N.89°36'2Q'~tJ., 818.58 feet; thence, leaving said east-west centerline, 3) NAU°37'20"E., 730.62 feet: thence, 4) N.89°59'56"E., 3.09 feet; thence, 5) S.00°33' 15"~~'., 24.55 feet; thence, 6) Southeasterly along a curve to the left having a radius of 221..61 feet, an arc Iengnh of 663-27 feet, through a central angle of 171 °29' O1". and a chord bearing and distance of 5.89°26'45"E., 442.00 feet; thence, 7) N.00°33' 15"E.,1938 feet; thence, $) Northwesterly along a curve to the le$having a radius of 121..00 feet, an arc length of 18.48 feet, through a central angle o:f 08°45'07", and a chord bearing and distance of?~?.03°49' 19"W., 18.46 feet; thence, 9) S.87°26'30"F., 169.18 feet; thence, 10) \rortheasterly along a curve to the left having a radius of 125.00 feet, an arc length. of 19.47 feet, through a central angle of 08°55'3?", and a chord bearing anal distance ofA?.02°09'59"E., 19.45 feet; thence, H:\0?12P<<~Pfiles'Sun~cylEshE-A'W Parcel-ReuneR-2.dexi: BOrSE COEUR d'~I.EVE CALDVvT'.T"T. • TOOTHMAN-ORTON ENGI~EiRIIiVG COMPANk Project: 07121 Date: September 7, 2007 Revised., October 4, 2007 Page: 2 of 2 I1)tiorthwesterly along a curve to the left having a radius of 29.0 feet, an arc length of 14.48 feet, through a central angle of 28°07'02", and a chord bearing and distance af':v.16°21'l8"~~;'.,;14..>3 feet; thence, 12)N.30°24'49"V~r., 36.25 feet; thence, 13) N.24°02'58"VJ., J 5.69 feet; thence, 14) N.58° l l'08"E., 276.33 feet to the POINT OF BEG.INN1~TG COiVTAI1~ING: 12.87 acres, more or less. SLBJECT TO all Covenants, Rights. Rights-of-VJay, L--'asements of Record, and any E~ncumbr~u~ces. EXHIBIT "t~" attached, and by this reference, made a part: hereof. (T1~z,r description zs based on record survey data and is for Rezofring purposes only. A field surrey ivas not conducted) ! ..a.~__._-._..~~.. T -~ cr~luiA cd Punt`.v H:`:07 i 21'~.~kPfiles\SuncySxhB-'~'~'.` Yarcel-Rezette R-'..dch. 2 • r i ~- TflOTIiMAN-ORTON ENGINEERING COMPANY CONSUT.TING ENGTN]-fiRS, SUR~:`EYORS ANll PL4NNERS 9777 CHINDFN BOULE\'ARD BOISE, IDAHO 83174-2D08 208-323-2288 F.4X 208.323-2399 6n i seratoe ngrco.c om Project: 07121 Date: 5epternber 7, 20f)7 Rev°ised: October 4, ?007 Pace: 1 of 2 EYHIBIT "F" Land Description of Property for Rezone to R-8 lone A parcel of land located in the North Half of the I~TOrthwest 1/4 of Section 29, To.v'nshig 4 Nart1T, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follaws: COMItZF_NCING at the corner common to Sections t9, 20, 29 and 30; thence, alone the northerly boundary of said Section 29, A) 5.89°26'41"E., 1326.49 feet to the W 1/16 corner common to Sections 20 and 29; Thence, 13) 5.00°31'59"W., 342.50 feet; thence, C) 5.58°11'08"\T,/., 240.00 feet to the POII\'T OF BEGII\'NING; thence, 1 j S.58°11'08"W., 36.33 feet; thence, 2) 5.24°02'58"E., 15.69 feet; thence, 3) 5.30°24'49"1;., 36.25 feUt; thence, 4) Southeasterly a]ong a curve to the right having a radius of 29.]0 feet; an arc length of 14.48 feet, t}Trough a central angle of 28°07'02", and a chord bearing aTld distance of S.16°7.1'18"W., 14.33 feel; thence, 5) Southwesterly along a cuTw'e to the right havin€ a radius of 125.00 feet, an aT~c. length of 19.47 feet, through a central angle of 08°55'33'', and a chard bearing and. distance of 5.02°09'59"W., 19.45 feet; thence, 6) N.87°26'30"VJ., 169.18 feet; thence; 7) Southeasterly along a curve to the right having a radius of 121.OU feet, an arc lengtlt of 18.48 feet, through a central angle of 08°45'07", and a chord hearing and distance of 5.03°49'19"E., 18.46 feet; thence, 8) 5.00°33' 15"W., 39.38 feet; thence, 9) Northwesterly along a curve to the right having a radius of 221:61 feet, an arc length of 663.27 feet, through a central angle of 171°29'01", and a chord beal-ing and distance, ofN.89°26'45"~~~., 442.00 feet; thence, H:\0'12]`~.bVPfiletVSurveySx6f-\w Parcel-Rezone R-R.doc BOISE COEL!R d'ALENE CALD\~'ELL • • TOOTHM.IN-ORTON ENGIivEERING COMPANY Project: 07121 Date: September 7, 2007 Revised: Goober 4, 2007 Pace: 2 o:f 2 • . 10) N.00°33' 15"E.; 39.3 8 feet; thence, 1 I)'~~orthwesterly along a curve to the right having a radius of 121.00 feet, an arc length 01`70.79 feet, through a central angle 0f 33°31'0:", and a chord bearing and distance ofN.17°18'49"E., 69.78 feet; thence, 12} N.44°26'45"~S%., 183.17 feet; thence, 13) N.39°07'32"E~:., 15.56 feet; thence, ] 4} NOrdreasterly along a curve to the right having? a radius 0f 300.00 feet, au arc length of 269.24 feet, tln•ouoh a central angle of 51 °25' 19"; and a chord bearing anal distance ofN.64°50'17."E., 260.30 feet; thence, 1 ~) 5.89°27'09"F., 187.49 feet; thence, ] 6} Southeasterly along a carve to the right hating a radius of 300.00 feet, an arc 1Lngth of 342.45 feet. through a central angle 0f (i5°24' ! l", and a chord bearing and distance of S.56°45'03"1., 324.16 feet; thence, 77j S.24°02'58"E., 39.12 feet to the PUINT OF BEGIItiMNG. f:ONTAINING: 6.27 acres. more or less. SL?B.TI:CT TU aLl t:ovenants; Rights, Rights-of-~Vay, Easements of Record, and any Encumbrances. E~TIBIT "G" attached, and by this reference, m ade a part hereof. (Ibis description is based on record survrv data and is for Reavning purposes only: .4 field survey tivas not conducted) _ ;.~~LtiF~ / s Ads s t.. .~ - - ~ S- FQ .- g 1202 4-~~ J , r ~~ .. ~ O,4 ATE Of \pp ~M'EI c _ `{ C H;\0? i21'~RYfiles5urvzy`£e!tF-rvlN Parcel-Re-tooe R•8.da • M ~ ~ CITY OF MERIDIAN E IDIAN~"' FINDINGS OF FACT, CONCLUSIONS I D A H O OF LAW AND DECISION & ORDER . In the Matter of Annexation and Zoning of 40.4 acres from RUT (Ada County) to C-C (Community Business District) (21.3 acres), R-8 (Medium Density Residential) (6.27 acres) and R-2 (Low Density Residential) (12.87 acres); preliminary Plat of 541ots: 33 residential lots, 11 commercial lots and 10 common lots in the proposed C-C, R-8 and R-2 zoning districts; and alternative compliance for the 10 foot wide landscape buffer adjacent to local streets, by David Dean. Case No(s). AZ-07-017, PP-07-021 and ALT-07-015 For the City Council Hearing Date of: December 18, 2007 (Findings on the January 8, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 18, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 18, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 18, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 18, 2007 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). AZ-07-017, PP-07-021, ALT-07-O15 -1- • ~ • 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of December 18, 2007 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated October, 2007 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of December 18, 2007 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-017, PP-07-021, ALT-07-0 ] 5 -2- • ~ • time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-b521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-017, PP-07-021, ALT-07-015 F. Attached: Staff Report for the hearing date of December 18, 2007. ~ s, i ~ By action of the City Council at its regular meeting held on the ~ J day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED_~ COUNCIL MEMBER KEITH BIRD VOTED_~ TIE BREAKER MAYOR TAMMY de WEERD VOTED_ ~~~ ~~~ ~~~ \\~~~ Q . ~ ~ ,, , DE WEERD `,~~ ~. 0 ATTEST: ~`" ~TF _ = 5~~~ - ;~ _ WILLIAM G. BERG, JR., CIT C~, T g , ~~ 1g d~ ~~' Copy served upon: Applicant arming Department ublic Works Department City Attorney By. Dated: -~~'~ o Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-017, PP-07-021, ALT-07-015 -4- __ ~ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 STAFF REPORT~,.'~ IDIAN~-' Hearing Date: December 18, 2007 I D A H O TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: Three Corners • AZ-07-017 Annexation and Zoning of 40.4 acres from RUT (Ada County) to C-C (Community Business District) (21.3 acres), R-8 (Medium Density Residential) (6.27 acres) and R-2 (Low Density Residential) (12.87 acres) • PP-07-021 Preliminary Plat of 541ots: 33 residential lots, 11 commercial lots and 10 common lots in the proposed C-C, R-8 and R-2 zoning districts • ALT-07-015 Alternative compliance for the 10 foot wide landscape buffer adjacent to local streets (LJDC 11-2B-3) 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, David Dean, has applied for Annexation and Zoning of 40.4 acres from RUT (Ada County) to C-C (Community Business District), R-8 (Medium-density Residential) and R-2 (Low-density Residential); preliminary plat approval of 54 lots consisting of 33 residential lots, 11 commercial lots and 10 common lots; and alternative compliance to allow the proposed office/retail buildings to front along E. Three Corners Trail with the center medians serving as the requirement for ten foot wide landscape buffer adjacent to local streets. In addition to the preliminary plat, the Applicant has submitted a conceptual site plan of how this site may be developed with a mix of retail and office uses, a private school, patio homes and three quarter acre estate lots. The site is expected to develop with office and retail uses with total square footages between 40,000 and 80,000 square feet along Chinden Boulevard and a Private K-12 School adjacent to Locust Grove Road is expected to have enrollment of 300 students. The proposed residential potion of the development will transition from higher density residential patio homes located internally, to three- quarter acre estate lots adjacent to the existing county subdivisions located along the southern and eastern property boundaries. On the submitted conceptual plan, the Applicant has depicted one full-access driveway to Locust Grove Road for the school site and one public street access for the remainder of the development. There are a total of three public roads; one street provides full access to Locust Grove into the proposed development and provides internal connectivity with the proposed commercial and residential developments and is stubbed in the southeast corner for future connectivity. The other two public streets are a looped roadway providing access to the patio homes and a cul-de-sac roadway to additional estate lots. The applicant has not proposed access to Chinden Boulevard with this application. On November 1, 2007, the Planning and Zoning Commission recommended approval of a Comprehensive Plan Map amendment for this property (CPA-07-011) to change the future land use designation from Medium-density Residential to Mixed-Use Community. The approval of the subject applications is contingent upon Council approval of CPA-07-011. Three Corners -AZ-07-017 / PP-07-0 l 21 /ALT-07-0 ] 5 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 The subject property is located at 6380 N. Locust Grove Road, at the southeast corner of Chinden Boulevard and Locust Grove Road in Section 29, Township 4 North, Range 1 East, B.M. Currently, the site is agricultural land with an existing barn which is proposed to remain as part of the development. The subject property is within the City's Area of Impact and Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject Annexation and Zoning (AZ), Preliminary Plat (PP) and Alternative Compliance (ALT) applications were submitted to the Planning Department for concurrent review. By City Ordinance, the Planning & Zoning Commission makes recommendation to the City Council on the AZ and PP applications, and the ALT application is reviewed at the Staff level. Staff recommends approval of Three Corners Subdivision (AZ-07-017/PP-07-021/ALT-07-015), as presented in the Staff Report for the hearing date of November 15, 2007, subject to the Findings of Fact listed in Exhibit D and subject to the conditions of approval listed in Exhibit B. The Meridian Planning & Zoning Commission heard these items on November 15 2007 At the public hearing the Commission moved to recommend approval of the subject AZ and PP applications. a Summary of Commission Public Hearing: Mokwa Representative John and Patricia Gridler Ti f I i. m avor n ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Caleb Hood h, Kev Issue(s) of Discussion by Commission: i. The width of the proposed center medians. ii. The existing barn on the site. iii. Ao entryway feature located in the center median entering the Patio Home portion of the development rather than a water feature. ~, Kev Commission Change(s) to Staff Recommendation: i. Condition 1 2 5 was changed from requiring 10 foot center medians to 9 foot center medians. ii. Condition 1 1 2 was changed to allow an entryway feature on Lot 1, Block 5 in lieu of a water feature. iii. Conditions 1 2 4 and 2 7 allows the existing barn to remain until time of final platting for the portion of the development where the barn is located. ~, Outstanding Issue(s) for City Council: i. The Me '~oa., ~ None ';*~ ~'nnnc;t hPar~l these items on December 18 2007. At the public hearin,~ ('onncil approv ed the subiect AZ and PP request. >i. i. In favor Tim Mokwa (Applicant's Representative) vii. In opposition' None viii. Commentine: None ix. Written testimony: None x. Staff presenting application• Caleb Hoo xi. Other staff cornmentine on application: None g, Key Issues of Disc»ccion by Council: i. one L_ Key Council `'~'°°"°~ *^ Ct°ff/f nm.,,iccinn RPMmmendation i. None Three Comers -AZ-07-017 / PP-07-0121 /ALT-07-015 PAGE 2 • ! ~ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all Staff, Applicant and public testimony, I move to recommend approval to the City Council of File Numbers AZ-07-017 and PP-07-021 as presented in the Staff report for the hearing date of November 15, 2007, with the following modifications to the proposed development agreement and/or conditions of approval: (add any proposed modifications.) Denial After considering all Staff, Applicant and public testimony, I move to recommend denial to the City Council of File Numbers AZ-07-017 and PP-07-021 as presented during the public hearing on November 15, 2007, for the following reasons: (you should state specific reasons for denial of the AZ and PP requests.) Continuance After considering all Staff, Applicant and public testimony, I move to continue File Numbers AZ-07-017 and PP-07-021 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: 6380 N. Locust Grove Road, Section 29, Township 4 North, Range 1 East b. Property Owners of Record: David Dean 1746 E. Dunwoody Court Meridian, Idaho 83642 c. Applicant: Same as above d. Representative: Tim Mokwa, Toothman Orton Engineering e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Future Land Use Designation: Medium Density Residential g. Description of Applicant's Request: The Applicant is requesting annexation and zoning, preliminary plat approval for 54 commercial, residential and common lots on approximately 40.4 acres and alternative compliance for the ten foot wide landscape requirement adjacent to local roads. h. Applicant's Statement/Justification (see Applicant's application and letter): The subject property is intended to develop with a mix of retail and office uses, patio homes, a private school site and estate lots. Three distinct zoning designations are being requested to accommodate the mixed use development. The C-C zoning district would allow for the development of the school site along Locust Grove and professional offices and limited retail uses adjacent to the Chinden Corridor. The residential component of the proposed development also transitions from a higher density (Patio Homes) to estate lots. It is the intention of the developer to create a mixed use community that is pedestrian oriented by providing pedestrian pathways through out the development and providing such amenities as a pond, tot lots, gazebos and picnic areas. Please see Applicant's submittal letter for more information. Three Corners -AZ-07-017 / PP-07-012 ] /ALT-07-O15 PAGE 3 • ~ • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 5. PROCESS FACTS a. The subject application will in fact constitute an Annexation as determined by City Ordinance. By reason of the provisions of the Unified Development Code, Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. The subject application will in fact constitute a Preliminary Plat as determined by City Ordinance. By reason of the provisions of the Unified Development Code, Title 11, Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. c. The subject application will in fact constitute an Alternative Compliance review as determined by City Ordinance. By reasons of the provisions of the Unified Development Code, Title 11, Chapter 5, a public hearing is not required on this matter. d. Newspaper notifications published on: October 29, 2007 and November 2, 2007 (Planning & Zoning Commission); November 26 2007 and December 10 2007 (Gifu Council) e. Radius notices mailed to properties within 300 feet on: October 19, 2007 (Planning & Zoning Commission); November 21, 2007 (Gifu Council) f. Applicant posted notice on site by: November 5, 2007 (Planning & Zoning Commission); December 8 2007 (Gifu Council 6. LAND USE a. Existing Land Use(s): There is an existing barn proposed to remain on site; the remainder of the property is vacant agricultural land. b. Description of Character of Surrounding Area: The subject site is surrounded by residential subdivisions located on the north, east and south sides of the parcel. A church site and Meridian Joint School District school site are located to the west of the property. c. Adjacent Land Use and Zoning: 1. North: Single-family Residential, Banbury No. 6; zoned R-1-P (City of Eagle} 2. South: Single-family Residential Dunwoody Subdivision; zoned RUT (Ada County) 3, West: Church site and Central Academy High School; zoned RUT (Ada County) and R-4 4. East: Single-family Residential, Fuller Ranchettes Subdivision; zoned R1 (Ada County) d. History of Previous Actions: none e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is an existing main in Locust Grove. Location of water: There is an existing main in Locust Grove. Issues or concerns: None. 2. Vegetation: There are some existing trees on the subject properties that should either be preserved or mitigated for. 3. Flood plain: N/A 4. Canals/Ditches Irrigation: The Fuller Drain and the Karnes Lateral do exist on the site and will require tiling per code. 5. Hazards: N/A PAGE4 Three Corners -AZ-07-017 / PP-07-0121 /ALT-07-O15 • • • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 6. Proposed Zoning: C-C, R-8, R-2 7. Size of Property: 40.4 acres £ Summary of Proposed Streets and/or Access: The submitted Preliminary Plat shows afull- access driveway on Locust Grove Road for the school site. The applicant is also proposing a public street access onto Locust Grove located 240 feet south of Chinden Boulevard.No direct lot access to Chinden is proposed. The internal public streets are all public. ACRD has not provided Staff with comments regarding the proposed development. When cornrnents are received, staff will include in Exhibit B. g. Landscaping: 1. Width of street buffer(s): A thirty-five foot wide landscape buffer is required on Locust Grove Road and Chinden Boulevard. Both roadways are designated as entryway corridors. By ordinance, a 35-foot wide landscape buffer is required. Furthermore, UDC 11-2B-3 requires a minimum ZO foot landscape buffer along local commercial streets. The applicant has requested alternative compliance for this section of the code to allow the center medians to meet the intent of this section of the code (analysis is provided in Section 10 below). 2. Width of buffers between land uses: A twenty-five foot wide land use buffer is required between C-C zoned properties and residential properties. There are residential properties to the south and east of the subject site. 3. Percentage of landscaped area: 40% for the commercial portion of the development and future school site. Although this calculation is high, majority of the landscaping will be the 35 foot landscape buffers adjacent to Locust Grove and Chinden Boulevard and playing fields for the school site. The residential portion is providing 13% of open space for the proposed development. This is exceeding the 10% requirement in accordance with UDC 11- 3G-3. 4. Other landscaping standards: UDC 11-3B-8 and UDC 11-3B-12 require landscaping within and around parking lots and micro pathways. The landscaping standards for parking lots will be applied as part of the issuance of a Certificate of Zoning Compliance permit and the micro pathways standards will be applied at the final platting of the project (see Exhibit B, Development Agreement Provisions and Conditions of Approval). h. Off-Street Parking: One off-street parking space is required for every 500 square feet of gross floor area in commercial districts, per UDC 11-3C-6B. (See UDC II-3C-6 for required number of off-street parking spaces for residential use.) i. Required Dimensional Standards for the C-C, R-8, and R-2 zones: C-C Dimensional Standards Front setback:0 Rear setback: 0 Interior side setback: 0 Maximum building height: 50 feet Maximum building size without design standard approval: 60,000 square feet R-8 Dimensional standards: Front setback: 20' to garage and 15' to living area Rear setback: 12' Interior side setback: 5' Three Corners -AZ-07-017 / PP-07-0121 /ALT-07-015 PAGE 5 • ! ` • CITY OF MER1D]AN PLANTNING DEPARTMENT STAFF REFORT FOR THE HEARING DATE OF DECEMBER l8, 2007 Maximum building height: 35 feet Lot Frontage: 50' Minimum Lot Size: 5,000 square feet R-2 Dimensional standards: Front setback: 20' Rear setback: 15' Interior side setback: 7.5' per story Maximum building height: 35 feet Lot Frontage: 80' Minimum Lot Size: 12,000 square feet j. Subdivision Plat Information 1. Residential Lots: 33 2. Non-residential Lots: 11 3. Total Building Lots: 44 4. Common Lots: 10 5. Other Lots: N/A 6. Total Lots: 54 k. Amenities: The applicant is proposing a variety of amenities on the site. Amenities include: a pond, amulti-use pathway around the perimeter and internally to the site, a picnic shelter with barbeques, a water feature into the entrance of the patio homes, several grassy areas adjacent to a tot-lot and an entry feature highlighting the entrance into the development. See the concept plan and landscape plan for details. 7. COMMENTS MEETING On October 26, 2007, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Public Works Department, and Meridian Police Department. All of the received comments have been included within this report (Exhibit B). S. COMPREHENSIVE PLAN POLICIES AND GOALS This property is currently designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. However, the Applicant has requested a Map amendment to change the designation of this site to "Mixed Use -Community" (CPA-07-011). On November 1, 2007, the Planning and Zoning Commission forwarded on a recommendation of approval to change the land use designation for this site from Medium Density Residential to Mixed Use - Community. Prior to the City Council hearing date, all of the applications associated with this site will be heard concurrently by the City Council. The conditions of approval for the AZ and PP application are subject to the City Council's approval of the CPA on this site. Staff is assuming Council approval of CPA-07-011. In Chapter VII of the Comprehensive Plan, the mixed use designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The Mixed Use -Community designation allows residential density between 3 and 15 dwelling units per acre, up to 200,000 square feet ofnon-residential building area, and is intended to allow a broad range of uses. PAGE 6 Three Corners -AZ-07-017 / PP-07-0121 /ALT-07-O1 S --- - ~ i ~ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER ] 8, 2007 Idaho Code 67-6508 states that "the plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component." Staff has reviewed the subject CPA, AZ and PP applications and offers the analysis and recommendations contained herein for the Commission and Council's consideration (Staff analysis in italics): • When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed, the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. The subject lands are currently serviced by the Meridian School District #1. This service will not change. • The subject. lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) On the submitted concept plan, the Applicant is proposing two access points to Locust Grove Road. One will provide access to the private school site and the other is a public street which provides access and inter-connectivity to the mixed use development. Staff is supportive of both access points. However, Staff has not received comments from ACHD regarding the proposed access points. No direct lot access to Chinden was proposed, and none is approved with these applications. • "Require appropriate landscape and street buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal N, Objective D, Action item 4) Chinden Boulevard and Locust Grove Road are designated as entryway corridors. By City Ordinance, a 35 foot wide landscape buffer is required adjacent to both Locust Grove Road and Chinden Boulevard. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) Three Comers -AZ-07-017 / PP-07-0121 /ALT-07-015 PAGE 7 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 The subject site will be responsible for installing and maintaining the appropriate landscape buffers, parking lot landscaping and streetscape landscaping at the time said parcel is developed. • "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 N, Goal I, Obj. A, #6) This parcel is contiguous to the city. Sanitary sewer and water are available to this parcel. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the future proposed education institution and associated office/retail uses will, in fact, contribute to the variety of services located within the area and will complement the existing and future residential developments. • Chapter VII, Page 103 -Mixed Use Community Standards - Up to 25 acres is permitted for non-residential uses; up to 200,000 square feet of non-residential building area; residential densities of 3 to 15 units/acre. As part of PP and AZ applications, the applicant is proposing approximately 21 acres (including the school site) for non-residential uses. The commercial portion of the development is proposing non-residential building areas between 40, 000 and 80, 000 square feet of office and retail space. The applicant is proposing R-8 and R-2 zoning for the residential portion of the mixed use community. Staff calculates the net density of the proposed project at 2.8 units to the acre which is slightly below the Comprehensive Plans standards for amixed-use community. However, due to the existing county subdivisions in this area, staff believes the proposed density is appropriate. Staff is supportive of the mixed use designation and finds the proposed development to be in substantial compliance with the City's Comprehensive Plan. • Mixed Use standards, pages 102 and 103, Chapter VII: Purpose Statement: The purpose of the MU designation on the Future Land Use Map 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 highly visible location of this property, at the corner of Chinden Boulevard and Locust Grove Road, makes it a good candidate for a quality mixed use development. Fifth Bullet, bottom of page 102: Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged. Staff believes that the proposed "Mixed-Use Community" land use designation for this property will be compatible with the surrounding properties adjacent to the site. The site is expected to develop with office and retail uses along Chinden Boulevard and a Private School site adjacent to Locust Grove Road. The proposed residential potion of the development will also transition from higher density residential patio homes located internally, to three-quarter acre estate lots adjacent to the existing county subdivisions. With PAGE 8 Three Comers -AZ-07-017 / PP-07-0121 /ALT-07-015 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 the commercial uses along the major roadways to the transitioning of medium density residential to low density residential, staff believes the future development of the site will not have an adverse impact on the surrounding uses. Sixth Bullet, top of page 103: A mixed use project shall include a principal use (retail, office, professional or residential) and at least one other type of land use. Exceptions may be granted from smaller site on a case-by-case basis. Staff is supportive of the proposed mix of retail/commercial and residential uses on this site. Eighth Bullet, top of page 103: All mixed use projects shall be directly accessible to neighborhoods within the section by both vehicles and pedestrians. The conceptual plan provided by the Applicant shows excellent connectivity between the residences and businesses as well as from the adjacent sidewalks on the streets. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-21ists the permitted, accessory, and conditional uses in the C-C zoning district. Personal and Professional Services and retail stores are listed as principally permitted uses in the C-C district. There is a maximum building size in the C-C district of 60,000 square feet before administrative design review is required. However, due to their location on Entryway Corridors (Locust Grove Road and Chinden Boulevard), design review will be required for all of the comrercial buildings on this site. b. Purpose Statement of Zoning District: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. c. Residential Schedule of Use Control: UDC Table 11-2A 2 lists single-family dwellings as principal permitted uses in the R-8 and R-2 zoning districts. d. 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: AZ Applications: The annexation and zoning of this site is contingent upon City Council approval of CPA-07-011 (see Section 8 above). The applicant is proposing C-C, R-8 and R-2 zoning designations, which are generally consistent with the proposed Mixed Use -Community Map designation for this site. Approval of the subject annexation and zoning request would allow the Applicant to obtain commercial (C-C) and residential (R-8 and R-2) zoning designation for the subject property. According to UDC 11-2B-1 PAGE 9 Three Comers -AZ-07-017 ! PP-07-0121 /ALT-07-015 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 and UDC 11-2B-2, the uses proposed for this site, retail stores, professional services, a private school, and single family residential are principal permitted uses in the proposed C-C, R-8 and R- 2 zoning districts. The Applicant has submitted a preliminary plat, a conceptual development plan and building elevations showing how this site may develop with a mix of limited retail and office uses, a private school site, patio homes and estate lots. Based on the policies and goals contained in the Comprehensive Plan and the proposed Future Land Use Map designation of Mixed Use -Community for this property, Staff believes that the requested C-C, R-8 and R-2 zoning districts are appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and findings for an annexation. The annexation and zoning legal description prepared by Daniel S. Young, PLS, dated October 4, 2007 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. Development Agreement (DA): UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council with the authority to require a property owner to enter into a DA with the City of Meridian that may require some written commitment for all future uses. Due to the highly visible location of this site, and the proposed mix of commercial and residential uses, Staff believes that a DA is necessary in this instance. 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. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the provisions listed in Exhibit B of the Staff Report and be approved by the Council within 6 months. Concept Plan: The Applicant has submitted a concept plan for this site demonstrating how both the commercial portion and the proposed Private School site is to develop for this project. The concept plan shows nine office buildings and a retail pad (NOTE: no building proposed on the retail pad of the concept plan) located in the northwest corner of the commercial portion of the development, at the comer of Chinden and Locust Grove. The applicant has indicated in the application that cumulative square footages for the commercial site is expected to range from 40,000 to 80,000 square feet which is well below 200,000 square feet allowed for commercial uses within the Mixed-Use Community designation. The concept plan also illustrates the residential lot layout for the site. Internal to the development will be patio home lots transitioning to custom home estate lots which staff finds compatible with the surrounding County Subdivisions to the east and south of the subject site. The concept plan for the school site illustrates the site design of the building and the associated playground and play fields for future students. Staff is generally supportive of the conceptual site design for this parcel. However, all commercial buildings including the school will require future CZC and DR approval (see below for additional analysis). Phasing Plan: The applicant is proposing to phase the project based on market demand. Phase 1 is to include the development of the school site (NOTE: the school site is proposing to phase the property}. Phase 2 will be the commercial portion of the development and Phase 3 and 4 include Three Corners -AZ-07-O17 / PP-07-0121 /ALT-07-O! 5 PAGE 10 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 1 S, 2007 the residential portions (Patio Homes and Custom Homes) of the proposed development. Staff is supportive of the phasing plan proposed by the applicant. As mentioned above, the Private School site is proposing a phasing plan as well. The phasing plan indicates phasing for future school expansions. All other improvements including the parking lot, the ball fields and the playground should be bonded for and installed prior to occupancy. Access: Chinden Boulevard, a state highway, and Locust Grove Road are both classified as arterial roadways. The City typically tries to limit the number of access points to arterial streets and limits access points on Chinden Boulevard to the half mile. Except for one full-access driveway to Locust Grove Road for the school site, and one full-access public street to Locust Grove Road, no other access points to Locust Grove Road or Chinden Boulevard should be allowed with development of the subject property. Amenities: The Applicant has provided several amenities for the site. The concept plan shows an entry way feature into the development, amulti-use pathway around the perimeter and internal to the site, a pond, landscape street medians, tot-lot, abundant grassy open space, and picnic shelters with barbeques for the future residents. Staff is generally supportive of these amenities, and is requiring such as a provision in the DA. Staff believes the applicant has done a great job providing amenities to this development; however a central plaza with sitting benches and a water feature should he required within the commercial portion of the development along Chinden. The Applicant has also done a great job of proposing pedestrian connections between the proposed development and the adjacent future residential uses. The pedestrian walks should be constructed as shown on the concept plan. However, in accordance with the requirements of the UDC, the pathway along Chinden Boulevard should be constructed 10' in width (1,290 feet currently shown). Design Review (DR) and Certificate of Zoning Compliance (CZC): According to the UDC, no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a certificate of zoning compliance (CZC) issued by the Administrator. A certificate of zoning compliance shall be issued only in conformity with the provisions of this Title and shall be required before the issuance of a building permit. In addition to the residential structures that do not require CZC or DR approval, there are 9 office buildings, one retail building and 1 private school site proposed for this site. Because the buildings will be located along Locust Grove Road and Chinden Boulevard (both Entryway Corridors), all of the commercial buildings on this site should be subject to design review approval (see UDC Table 11-3A-19). The Applicant shall be responsible to obtain DR and CZC permits from the Planning Department for all new commercial construction on the site prior to issuance of building permits. Building Elevations/Sizes: Front and rear building elevations were submitted for the Patio Homes proposed for this development. Building materials for the proposed homes include stucco and fiber cement siding, concrete the or architectural composition shingles and brick or stone accents painted in earth tone colors. Staff is supportive of theses building elevations and building materials. As stated earlier, there are 11 commercial lots (including the private school lot) proposed for this site. The applicant has submitted conceptual streetscape plans for the commercial portion of PAGE l 1 Three Comers -AZ-07-017 / PP-07-0121 /ALT-07-0I S • ~ • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER l8, 2007 the site and front elevations for the Private School but does not call out building materials. As mentioned above the commercial buildings and the Private School for the proposed subdivision will require design review. UDC11-3A-19C lists the design standards for buildings along entryway corridors. The standards are as follows: 1) facades visible from public streets shall incorporate modulations in roofline, roofline recesses and projections along 20% of the length of the facade, 2) the primary building entrance shall be clearly defined by the architectural design of the building. Windows and awnings or arcades shall total 30% of the facade facing the public street, 3) roof design shall demonstrate two or more of the following: overhanging eaves, sloped roofs, two or more roof [planes, varying parapet heights and cornices, 4) at least two changes color, texture and materials shall be incorporated into the building design, 5) all ground level and rooftop mechanical equipment shall be screened to the height of the units, 6) exterior building walls shall demonstrate the appearance of high quality materials of stone, brick, wood or other native materials, and 7) no more than 70% of the off street parking area for the structure shall be located between the front facade of the structure and the abutting streets, unless the principal building and/or parking is screened from view by other structures. All residential buildings on this site should substantially comply with the above mentioned residential building materials and colors and all commercial buildings, including the private school, should be subject to full compliance with future Design Review (UDC 11- 3A-19). PP Application: Dimensional Standards: The applicant is proposing three different zoning districts for this development. The commercial (C-C) portion of the development does not have dimensional standards. The residential zoning districts (R-8 and R-2) require minimum lots sizes. The minimum lot sizes for the detached single family residences in an R-8 zone is 5,000 square feet with a minimum of 50 feet of frontage; the R-2 standards require lot sizes of 12,000 with frontages of 80 feet. UDC 11-2A-2B1 allows properties fronting on cul-de-sacs have a minimum frontage of 30 feet. The preliminary plat submitted indicates Lots 10 and 11 of Block 1 do not meet the cul-de-sac frontage requirement and Lots 5, 6 and 8 of Block 6 do not the minimum 5,000 square feet requirement. These corrections should be made prior to signature on the final plat; all residential lots should conform to the minimum dimensional standards of the UDC. Access: As mentioned earlier, the Applicant is proposing afull-access public street to Locust Grove Road and a full driveway access to the Private School site. Except for the driveway and public roadway to Locust Grove Road, a note shall be placed on the final plat prohibiting direct lot access to Chinden Boulevard and limiting access to Locust Grove Road. In addition, across- access/cross-parking easementlagreement shall be recorded for all commercial lots within the subdivision. Landscaping: Locust Grove Road and Chinden Boulevard are designated as an Entryway Corridors. A 35-foot wide landscape buffer is required adjacent to Entryway Corridors (UDC Table 11-2B-3). The Applicant is proposing a 35-foot wide landscape buffer along both Locust Grove Road and Chinden Boulevard. UDC Table 11-2B-3 requires a 10-foot wide landscape buffer along locaUcommercial streets. The applicant has requested alternative compliance to allow the center medians serve as the required landscaping adjacent to local streets. The intent of this request is to create an urban streetscape by constructing the future office /retail buildings up to the street as submitted on the concept plan. In Three Comers -AZ-O?-017 / PP-07-0121 /ALT-07-015 PAGE 12 • ~ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER ] 8, 2007 Lieu of the 10 foot wide landscape buffers along streets, staff supports and approves ALT-07-015 associated with the findings in Exhibit D. However, the proposed center medians should be constructed a minimum of 10 feet in width measured inside of curbs and contain materials as shown on the landscape plan. There are existing trees on this site. The applicant states some are to remain and be protected during construction and others are to be removed. Any existing on-site tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent nurrlber of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that aze removed. The Applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department, for any trees that will be removed. If the subject annexation and zoning application is approved, commercially-zoned property will be adjacent to existing and proposed residential properties to the south and east. To buffer the existing and proposed residential land uses to the south and east from future commercial (C-C) uses on this site, a minimum 25-foot wide landscape buffer should be installed (UDC Table 11- 28-3). The applicant is proposing trees to be planted within the 25' sewer and irrigation easement along the south and east side of the school site. City Code (UDC 11-3B-7) requires an additional 5' buffer width where the buffer is encumbered by easements or other restrictions. An additional 5'of buffer width should be required to allow for the planting of trees along the southern boundary of the school site. Landscape materials should be installed in accordance with UDC 11-3B-9 and create a barrier where the trees touch at the time of maturity. The submitted landscape plan fails to show landscaping within the parking lots. Particularly trees and other landscape materials should be installed within and at the ends of all the parking islands. All internal and parking lot landscaping should be installed in accordance with UDC 11-3B-8. Open Space: The applicant has provided 13% of landscaped usable open space, meeting the 10% minimum required by UDC 11-3G-3A-1. With the above mentioned amenities and Staff s recommendation of adding a plaza to the commercial portion of the development, Statl' finds the applicant in substantial compliance with UDC 11-3G-3. Pathways: As stated earlier, the proposed development is adjacent to Chinden Boulevard: State Highway 20/26. The submitted concept plan illustrates a pathway spanning the entire length of development along Chinden Boulevard. UDC 11-3H-4 requires the applicant be responsible for constructing a 10 foot multi use pathway along Highway 20/26. Staff believes the applicant should construct a ten foot pathway along Chinden Boulevard in accordance with UDC 11- 3H-4. Development along State Highways: UDC I1-3H-3 regulates any development along state highways. This section of the code also regulates access to State and Federal highways and future right of way reservations for ITD. Chinden Boulevard limits access to the half mile mark between section lines. The applicant has not proposed any access points to Chinden Boulevazd with the submitted AZ and PP applications. As indicated on the preliminary plat for the project, the applicant is responsible for reserving 70 feet of right way for future expansion of Chinden Boulevard. Staff has conditioned this in Exhibit B below. Existing Structures: The site currently contains an existing bam that the applicant is proposing to remain. Because the existing barn is considered an accessory structure and is not accompanied by a main living (principal) structure, it should be removed prior to the City Engineer's signature on the final plat. Fencing: The Applicant is not proposing/showing any new fencing on any of the submitted plans. Permanent fencing is not required. However, if permanent fencing is not provided, PAGE 13 Three Comers -AZ-07-O17 / PP-07-0121 /ALT-07-015 • • ~ • CITY OF MERIDIAN PLANNING DEPARTMENT STP,FF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit for this site. Staff recommends that the Applicant, at the public hearing, testify as to whether any permanent fencing will be installed on this site, particularly around the perimeter. Ditches, Laterals, and Canals: The Fuller Drain and the Karnes Lateral run through along this property. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The Applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle- point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Staff recommends approval of Three Corners Subdivision (A~07-017/PP-07-021/ALT-07- O15), as presented in the Staff Report for the hearing date of November 15, 2007, subject to the Findings of Fact listed in Exhibit D and subject to the conditions of approval listed in Exhibit B. The Meridian Plannin & Zonin Commission heard these items on November 15 2007. At the ublic hearing the Commission moved to recommend approval of the subject AZ and PP apphcahons The Meridian ~'~*~ f nnncil heard thp~P ~*rmc on December 18 2007 At the public h rea 11. EXFIIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (dated: October, 2007) 3. Landscape Plan (dated: October, 2007) 4. Phasing Plan 5. Site Plan for School Site (Phase 1) 6. Concept Plan 7. Elevations for School Site 8. Elevations for Office Buildings 9. Elevations for Patio Homes 10. Streetscape of Commercial Area B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department PAGE 14 Three Comers -AZ-07-017 / PP-07-0 ] 21 /ALT-07-015 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE. HEARING DATE OF DECEMBER 18, 2007 4. Police Department 5. Ada County Highway District (no comments received} 6. Settler's Irrigation District 7. Central District Health Department C. Legal Descriptions & Exhibit Maps D. Required Findings from Unified Development Code PAGE IS Three Corners -AZ-07-0.17 ! PP-07-0121 !ALT-07-015 • • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 Vicinity Maa Exhibit A -Page I s ~- • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 Preliminary Piat ~~ . ~~. sr»~~ 'ter 4 4 $ g n0 eiifi~~~il~~al~ie$!~' I~ ~! ~~i ; III ~~ i Z 0 ~~ Wo z ~ ~ H ~n w~°~ Q Q a ~ o a,~ m'~zHo ~^~ H6~~, i1: wao C/~ U {Z 2 ~ ~ ~ d ~ w a~ zzao o a~ ~`"o a~2~ s w~ a U Oj s~ 4~~4e ~~ x ~@~E ~~a9~~ le II~~ ~~~! eke ~~os C ~tia 9° oli, ~~~g a te8 ~ ~l~ ~ `i~~8 @dOt ~ ~~ ~ ~ -~ e Exhibit A -Page 2 a,,,,, ~~~ ~-~"f®~ Ztl'[d A~IVMWPIfi4Id Mi a3NNM 0~' ~1N117 'AJ3Ni0N! OMILl1~NYC ,~yj~I(I00 tlQV 'OHtlQ1 ~NVIQI~I3W ~~ uavaa<o~ o~aaxioaa Ho.wo-NVS~.tooa. I10[SIAIQHISS SfI~N!!00 iI'dfIHS • • G D A'TE OF D~MBE~~ 2007 DEPARTMENT ST~F PORT FOR THE HEARIN CITY OF MERIDIAN PLANNING Landscaping plan ,-~ - k i 1 1, r 1 i ~, 1+ 4 ., i l a t ~_'m° ~. ~~ 71Q~71S K-'~' sava ~. ~} 9 e ~+~ ~~la e, { ~ i}[~ d ~ ~~ e~, ,'I f~b ~~ta++,, 1i[l l 1}~ ` n t9 I ; i l E ~ ~~1.~~ ~ ~_ ~,~; ~ Iti } ~}i 1~ t' `~ lit y 1 ~ {it tb~ 4 + 1~[tl~ }~ ~i{i t 1 ~ t fit` ftj1~i ~~~ ~jiij ! ~~~ t ~~~ ~!~e1 ~ ~} ~i1;t ~R~t~~} ~~}i 1 ~ ~I,,,yi~ i.~ij,t ~~ ;~~I~~ t t}~, e I ~~~ tt ~{i ~Q I~~~i:i~}ii1 lil~li;~lil~it~ ~ }1i~1i~1, .. • - - f3 v j };~ ti}i-~1 0 y' 11 , i~t i~Il3iit}i~~~~ I11~ ~;i~i[~5~11 ~ii~li~,}d~ ~~ ~ a.~o. ~S, ~~ Exhibit A -Page 3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 ~~„® ~ Nv'18 flav~saxrt _ ina xxermmfliw ° 1/~{%~ +~ -- ~•,~ ~• ~ ~ ~,~ ayNno~ vav •oaem rmmi~ \!~ ~-- - _ ~ uav~m oxi~siu~ea Nwxo-em~toac HOIBIAIQH08 S11flNi20~ flfltiB.L 4 I ~~~ ~ `` 1 /~i 1 1 /! `' ~~ / \ ` ~fi 1: ;: , ~ ~ .Y~ ( // ~,~ / i "~ !i ~_ ~, :~•~~, ..h ~ ;, ~,' , iii-' ~ `. :~~ = ' i ~`~ ~I z i p % ~' (Q.}~ F _ Qh .. I_ '' ~'.!}~ _ ~ l ~1~,.Q~\ ~y ^ O ~\ ~~,~ , YI •~~ Exhibit A -Page 4 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 Phasing Plan Exhibit A -Page 5 ~ ! • i~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 Site Plan for School (Phase 1) -T _ ~_.___ . I~ .u J ~" . ~ iIIBN ~ _ ~, -- - -~-- - - E z-=---~- ---------- -- - -`S. E J_.~,Y._ _ -----r~ . ~_--~r~--. = =-I ':..'. 9~ - __._-_ - --.. _ _~ ~~ i ~ . k a t _~ ItATMlRi- KR0161•MM60CClR .,... dpncwrzcre a Exhibit A -Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER l8, 2007 Concept Plan • ~ pATE O• CEM~ 18, 2407 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING Elevations: Private School Exhibit A-Page 8 ~R 18•~ G ~ ATE °F DEc N~C STAFF REPORT FORTHE KEAR~ F MERIDIAI`I PLACING pEPARTME ._ - _` " - -- ~~ ~ rtTY O Q12i3W ~ ~~ . ~ Etevanons: Office Bindings ~s~aslwa,e 1~~~ s0;el osse'S ~^sy j~' ONd01 Nd1~3aH1 lens s~3 ~~oid3~NO~ w Q W N Q 7 W .~ Z •. ~~ o • ~ OF DECE~R 18•~ G Dp,TE T S'LAFF REPORT FOR THE HEA~[N MERiD1AN pL~31NG DEPART~E~ ~- Cl'1"`t OP v E~e`'ario~ a 0 N N l6 o~S 7 t0 O ~ d ~ W ~ w F ~_ 7 ~ v 'C m 0 .~ .~ N w N G ~.- O U r` c c o ~ v ~, m o ~ ~ m 3 ~ o n +~-- c ~ 4 ~ m r ~ _ ~ o 3 O !, ~ d 7 ^c4 W N Exhibit A - F aSe 10 • ~ G D p~TE OF DEGE~ i S> T ST~F ~pORT FOR THE HE~RIN MER»tAN PLANNING ~EPARTi``lEN CITY OF 0 a u W ~ 7 ~ U m 0 T d Cd ~ E o y Z 4 ~ ~ 0 _ o_ " -a.- ~ O ~_ 7 N Cd '~ .~ . N .~ 7 N i N G .~ O V d ~ `U iV r Exhibit A -Page I1 ~ i ~R,g~~ FORTHE HEA~G DATE OF DECE 1NG DEPARTMENT ST~F REPORT }T`~ OF MEDIAN PLANK treetscape ~ dtaia3W , ~ tual S pHdal N ConeeP g sa3 ~3~1 3~ o~ ' W Nasiniosn i sNOildn3 a- ~-,.~ `a ~oatl4o,e y~~~ ~ \ ~4 ~ 1~ ~~1 ~ ne4 1~ a G e aosae ~ ~ "''~' ~ h ssl 1 1,.~,; :~ ~ ~,. a ~~ ~ ti \~ `~ 5~ ~ ~ •'~' f ~ ~ ' J 1 ~ I i `3~ ~ , ~ i ~ ` 1 i A ,A°~ l ~ .~ 4 ~ ,~ ~ ~ i. `. ~ •.1 \ ~ ~~ Exhibit A - Page12 T ^` ,' ~ • • ! CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER l8, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION/ZONING 1.1.1 The annexation and zoning legal descriptions submitted with the application (stamped on October 4, 2007 by Daniel S. Young, PLS) is accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. 1.1.2 A Development Agreement will be required as part of the annexation and zoning of this property. Prior to the annexation and rezone ordinance approvals, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: Development of the property shall substantially comply with the residential elevations and building materials (stucco and fiber cement siding, concrete the or architectural composition shingles and brick or stone accents painted in earth tone colors) and the conceptual site plan submitted with the subject application (see Exhibit A), including the concepts outlined below. - Pedestrian connections shall be constructed between commercial buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks; - Commercial structures shall be built adjacent to roadways with parking to the rear and sides of the structures; - Minimum of 8 buildings with no one building exceeding 33,600 square feet. The maximum allowable non-residential square footage for this development, excluding the private school, shall be 100,000 square feet. - Provide the amenities as shown on the concept plan including but not limited to a pond with water feature, a common pathway along the perimeter and internal to the proposed development, picnic shelter with barbeques, water ent feature on Lot 1 Block 5 and an entry feature highlighting the entrance into the development. The applicant shall also provide an additional plaza area within the commercial portion of the development to include sitting benches and a water feature. - Windows, awnings, or arcades totaling at least 30% of the length of the facade shall be provided for facades that are viewable from other structures; - Exterior building walls shall demonstrate the appearance of high quality materials of stone, brick, wood, or other native materials (acceptable materials include tinted or textured masonry block, textured masonry block, textured architectural coated concrete panels, or stucco or stucco like synthetic materials - smooth faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials; - The commercial building design shall incorporate at least 2 changes in one or a combination of the following: color, texture and materials; - Rooflines shall demonstrate 2 or more of the following: overhanging eaves, sloped roofs, two or more roof planes, varying parapet heights, and cornices; Exhibit B -Pagel • • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER ! 8, 2007 - The primary building entrances shall be clearly defined by the architectural design of the building. • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • The Applicant shall be responsible for all costs associated with sewer and water service installation. • The following shall be the allowed uses on this property: Permitted and accessory uses within the C-C zone. All conditionally permitted uses on the subject site shall be subject to CUP approval. • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • The Applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review approval from the Planning Department prior to any commercial building construction on the subject property. • Except for one full-access for the private school and one public street access to Locust Grove Road, no other access points to Locust Grove Road or Chinden Boulevard shall be allowed. Construct a 35-foot wide landscape street buffer along Locust Grove Road and Chinden Boulevard as proposed. Include the construction of a 10 foot wide pathway adjacent to Chinden Boulevard in accordance with UDC 11-3H-4. • Construct a minimum 25-foot wide landscape buffer between all C-C zoned property and residential uses. • Preserve a minimum 70-foot wide right-of--way for Chinden Boulevard, and construct a minimum 10-foot wide pathway adjacent to the site. Preliminary Plat Site Specific Conditions 1.2.1 The 54-lot preliminary plat prepared by Toothman-Orton, dated October, 2007 (attached in Exhibit A), is approved, with the conditions listed herein. Any future development agreement shall also be considered conditions of the Preliminary Plat (PP-07-021). All lots, including Lots 10 and 11, Block 1 and Lots 5, 6, and 8, Block 6, shall meet the minimum dimensional standards of the zoning district. 1.2.2 Place a note on the face of the final plat prohibiting direct lot access to Chinden Boulevard and Locust Grove Road, except for the full-access driveway to Locust Grove Road for the school site and the public street access into the development. Said public street (E. Three Corners Trail) shall be stubbed into the southeast comer of the property for future connectivity, as proposed. 1.2.3 Across-access/cross-parking easemenbagreement shall be recorded for all commercial lots within the subdivision. All lots within the subdivision shall have access to the access points approved in this application. This agreement shall be recorded and a copy of said agreement Exhibit B -Page 3 •~ •s C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the final plat granting said cross-access. 1.2.4 Prior to the City Engineer's signature on the final plat, all existing structures shall be removed. The existing barn may remain until the portion of the development containing the barn is final lp atted. 1.2.5 The landscape plan prepared by Toothman-Orton, dated October 07, labeled Sheets 6 & 7 (attached in Exhibit A), is approved with the following notes/changes: • Provide a minimum 35-foot wide landscape buffer along Locust Grove Road and Chinden Boulevard. A 10 foot wide pathway shall be constructed along Chinden Boulevard. All landscape materials shall be installed in accordance with UDC 11-3B-9, Landscape Street Buffers. • Provide a 25' landscape buffer adjacent to the existing and proposed residential uses to the south and east of the school site and at the northeast corner of the site (along Lot 2, Block 9). An additional 5 foot wide buffer width shall be added to the southern and eastern boundary of the school site to allow the trees to be planted outside of the sewer and irrigation easements per UDC 11-3B-7C-lb. All landscape material shall be installed in accordance with UDC 11- 3B-9, Landscape Buffers to Adjoining Uses, and create a barrier where the trees touch at the time of maturity. • In lieu of the 10-foot wide street buffer adjacent to E. Three Corners Trail, construct center medians (ALT-07-015). Said medians should be constructed at a minimum of ~-A 9 feet in width measured inside of curbs and contain materials as shown on the landscape plan. Per UDC 11-3B-10, the Applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit revised landscape plans to the Planning Department with the submittal of the final plat application. 1.2.6 This subdivision lies within the Settlers' Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the domestic water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the imgable landscape areas prior to signature on the final plat by the Meridian City Engineer. 1.2.7 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, that intersect, cross or lie within the area being subdivided shall be tiled. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.2.8 All development improvements including water, sewer, fencing, landscaping and pressurized irrigation shall be installed and approved prior to obtaining Certificates of Occupancy. 1.2.9 A letter of credit or cash surety in the amount of 110% will be required for all required fencing, Exhibit B -Page 3 • ~ ~ • CITY OF MERIDIAN PLANNII`IG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 pressurized irrigation, landscaping, sanitary sewer, water, etc., prior to signature of the fmal plat. 1.2.10 Applicant shall be required to pay Public Works development plan review and construction inspection fees, as detemuned during the plan review process, prior to signature on the fmal plat per Resolution 02-374. 1.2.12 Maintenance o:f all conunon areas shall be the responsibility of the developer or assigns. Record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, private streets, and other development features. General Conditions 1.3.1 Sidewalks/walkways shall be installed within the subdivision and along the adjacent streets pursuant to UDC 11-3A-17. 1.3.2 The Applicant shall comply with the outdoor lighting standards shown in LTDC 11-3A-11. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the fmal plat application. Where the Applicant has submitted a prelinnary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. 1.3.4 The Applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation or preliminary plat does not relieve the Applicant of responsibility for compliance. 1.3.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B- 7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N Locust Grove Road. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in N Locust Grove Road. The applicant shall be responsible to install two water connections from N Locust Grove Road due to fire flow requirements. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant ma~/ be required to install a PRV at any location needed to control the risk of conflicting pressure zones. Coordinate size and location with Public Works. 2.4 The Applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. Exhibit B -Page 4 • ~ • CITY OF MERIDIAN PLANNII`IG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 2.5 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. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" reap 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. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (1V[CC 12-13-8.3). The Applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.7 All existing structures shall be removed prior to signature on the final plat by the City Engineer. The existing barn ~m~ remain until theportion of the development containing the barn is final lap tted. 2.8 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to fmal plat signature. 2.9 Any existing domestic well system within this project shall be removed from domestic service per City Ordinanct: 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. 2.10 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.11 .Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.12 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. 2.13 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. 2.14 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.15 It shall be the responsibility of the Applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.16 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Exhibit B -Page 4 • ~ • • CITY OF MERIDIAN PLANNING DEPARTMENT ST.~.FF REFORT FOR THE HEARING DATE OF DECEMBER 18, 2007 2.17 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.I8 All grading of the sate shall be performed in conformance with MCC 11-12-3H. 2.19 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.20 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.21 The Applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an imgation district or the ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.22 At the completion of the project, the Applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.23 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. MERIDIAN FIRE DEPARTMENT 3.1 One and two family dwellings not exceeding 3600 square feet will require afire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings greater than 3600 square feet and greater will require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 ''/z" outlet face the main street or parking lot aisle. b. The Fire h}idrant 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 comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f Fire hydrarits shall be place 18" above finish grade. g. Fire hydrarits 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 vrithin 1,000 feet of the project. 3.4 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. 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. Exhibit B -Page 6 • CITY OF MERIDIAN PLANNITfG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 38, 2007 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, z~nd 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 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear iiriving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.12 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3..13 The fire departrr~ent 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 develloper. 3.14 Maintain a separatiion of 5' from the building to the dumpster enclosure. 3.15 Provide a Knox box entry system for the complex prior to occupancy. 3.16 The first digit of th.e ApartmendOffice Suite shall correspond to the floor level. 3.17 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). 3.18 All aspects of the lbuilding systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.19 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. 3.20 Provide exterior egess lighting as required by the International Building & Fire Codes. 3.21 There shall be a fire hydrant within 100' of all fire department connections. 3..22 Buildings over 30' in height are required to have access roads in accordance with The International Exhibit B -Page 7 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 3.23 The fire department is opposed to any landscape island in the middle of a cul-de-sac that may prevent a fire truck from turning around on the end of the court. 3.24 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. 3.25 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be ;provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distar.~ce requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3..1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Meridian Police Department 4.1 The police department has no concerns related to the site design of this project. 5. ADA COUNTY HIGHWAY DISTRICT 5.1 SPECIFIC CONDITIONS OF APPROVAL 5.1.1 Comply with requirements of ITD and City of Meridian for the US 20/26 - Chinden Frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit or other required pemuts, whichever comes first. Contact the District III Traffic Engineer at 334-8340. 5.1.2 Dedicate 47 feet of'right of way from the centerline of Locust Grove Road for the first 100 feet south Of Locust Grove/Chinden intersection abutting the parcel. The right of way purchase and sale agreement ands deed must be completed and sighed by the applicant prior to the scheduling the final plat for si;~ature by ACRD Commission or prior to issuance of a building permit or other required permits, whichever comes first. Allow 30 business days to process the right of way dedication after receipt of all requested material. The District will purchase the right of way which is in addition to existing right of way from available Corridor Preservation Funds. 5.1.3 Construct center left turn lanes on Locust Grove Road at the site approaches for E. Three Corners Trail and the school. 5.1.4 Construct a 5 foot concrete sidewalk 40 feet from the centerline of Locust Grove Road for the first 100 feet south of Locust Grove/Chinden intersection. The sidewalk will then taper to 28 feet from centerline, as proposed. Provide an easement for any segment of the sidewalk located outside of the right of way. 5.1.5 Construct one roadway to intersect Locust Grove Road, E. Three Corners Trail, located approximately 45CI feet south of the northern property line, as proposed. Exhibit B -Page 8 • • CITY OF MER]DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 5.1.6 Construct one 300 foot driveway approach on Locust Grove Road located approximately 750 feet south of the northern property line, as proposed. Pave the driveway its full width and at least 30 feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 foot radii abutting tlhe existing roadway edge. 5.1.7 Construct E. Three Corners Trail from its intersection with Locust Grove bacj to its transition to a residential roadway with two 21 foot travel lanes, 9 foot center landscape islands, vertical cub, and gutter, 6 foot planter strips, and 4 foot detached sidewalks within the 64 feet right of way, as proposed. Provide a minimum 21 foot street section on either side of the center landscape islands, Provide an easement for any segment of the sidewalk located outside of the right of way. 5.1.8 Construct the residential section of E. Three Corners Trail as a 29 foot street section with vertical curb and gutter, 6 fi~ot planter strip and 5 foot detached sidewalks within the 50 feet of right of way. Provide an easement from any segment of the sidewalk located outside of the right of way. 5.1.9 Construct E. Hawk Creek Court as a 29 foot street section with vertical curb and gutters, 6 foot planter strip and 5 loot detached sidewalk within the 50 feet of right of way. Provide an easement for ant segment of the sidewalk located outside of the right of way. 5.1.10 Construct N. Sweet. Valley Circle as a standard 29 foot street section within the 42 feet of right of way, as proposed. 5.1.11 Construct one cul-de-sac turnaround with center landscape island, as proposed. Provide a minimum inside curb radius of 28 feet, and a minimum outside radius of 45 feet for the cul-de-sac turnaround. 5.1.12 Construct one stub street to the south, E. Three Corners Trail, located approximately 1,470 feet east of the western property line, as proposed. Construct one temporary turnaround on the property to the south, as proposed. 5.1.13 Construct one driveway to intersect E. Three Corners Trail, located approximately 200 feet east of the western property line, as proposed. Pave the driveway its full width and at least 30 feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 foot radii abutting the existing roadway edge. The driveway will be restricted to a maximum width of 36 feet. 5.1.14 Other than the access specifically approved with this application, direct lot access is prohibited to Locust Grove Roaci and Chinden Boulevard shall be noted on the final plat. 5.1.15 Comply with all Standard Conditions of Approval. 5.2 STANDARD CONDITIONS OF APPROVAL 5.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 5.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 5.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 5.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5.2.5 Comply with the L)istrict's Tree Planter Width Interim Policy. Exhibit B -Page 8 • ~ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 5.2.6 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. 5.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 5.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 5.2.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 5.2.11 It is the responsibility of the applicant to verify ali existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 5.2.12 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. 5.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall re;quire 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 Highwaiy District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 6. SETTLERS IRRIGATION DISTRICT 6.1 All irrigation /drainage facilities along with their easements must be protected and continue to function. The facilities involved are the Fuller Drain and the Karnes Lateral. Please Contact Don Alloway of the Karnes Lateral at 323-0464. 6.2 A Land Use Change Application must be on file prior to any approvals. 6.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 6.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District's Boazd of Directors. 6.5 All storm drainage must be retained on-site. Exhibit B -Page 8 • i • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER l8, 2007 6.6 A pressure irrigation system must be provided to service all lots within the above-mentioned subdivision from the current delivery point. 7. CENTRAL DISTRICT WEALTH DEPARTMENT 7.1 After written approval from appropriate entities is subrrutted, we can approve this proposal for central sewage and central water. 7.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division o:f Environmental Quality: central sewage and central water. 7.3 Run-off is not to create amosquito-breeding problem. 7.4 Central District Health will require plans be submitted for a plan review for any: food establishments, grocery store, beverage establishment and child caze center. Exhibit B -Page 8 ~ ~ ~ ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER l8, 2007 C. Legal Description Exhibit C -Legal Descriptions & Exhibit Maps Exhibit B -Page 9 • ~ • ! CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 ~~ ^ Y 7fOOT`HMAN-OR'TON ENGINEERING COMPANY OONSUI.TINO ENGINEE!AS, 3tIR~!EYORS AND P11+NNERS 9777 CHINDEN BOUIEVARO BOISE, IDAHO 83774.2008 208.323-2288 FAX 208-323-2399 ypise®coengrco.com Project: 07121 Date: September 7, 2007 Revised: October 4, 2007 Page: 1 of 1 EXIIIBIT "B" Land Description of Property for Annexation To the City of Meridian; Idaho A parcel of land located in the North Half of the Northwest I/4 of Section 29, 'T'ownship 4 North, Range i East, Boise Meridian, Ada County, Idaho, being more particularly described as follows.: BEGINNING at the corner common to Sections 19, 20, 29 and 30; thence, along the northerly boundary of said Section 29, 1) 5.89°26'41"E., ] 326.49 feet to W 1/16 corner common to Sections 20 and 29; thence, 2) 5.0C1°31'59"W., 1324.b4 feet to the east-west centerline of the NW 1/4 of said Section 29; thence; along said centerline, 3) N.8!9°36'20"V/., 1328.58 feet to the N 1/16 cornet common to Sections 29 and 30; thence, along the westerly boundary of said Section 29, 4) N.0~0°37`24"E., 994.36 feet; thence, 5) N.00°37'24"E., 334.00 feet to the POINT OF BEGINNING. CONTAINING: 4.0.4 acres, more or less. SUBJECT TCI all Covenants, Rights, Rights-of--Way, Easements of Record, and any Encumbrances. EXIiIBIT "C'° attached, and by this reference, made a part hereof. REVI PP VAL EiY OCT 12 2QD7 MERIDIAN.PUBLIC WORKS DEPT. (This description is based on record survey darn and is for Annexation proposes only. A freld survey wqs not conducted.) H:07121\WPfiI~s~Survey~FxhB-IdW Parcel-Annex.da BOISE • COEUR d'ALENE CAI.DWF.1.L Exhibit C -Page 1 ~ ~ i ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 n !-` . iMU.~ia./~+ pv' ,4NNEXATION ~!P fOR, PROPERTY IOCATEI) IN Tt•tE NW1/4 OF' SEC'T10N 29, TOWNSHIP 4 NOR'TN, RANGE 1 EAST, B.M., ADA COUNTY, IDAHO --- --- --r,.~~ LEGEND ANNEXATION BOUNDARY t -N- - - - RIGhiT-Of-WAY UNE t - - - - - SECTION lwE - - - - PROPERTY Et0UNC1ARY "P.O:B." POINT OF BEGINNING t t ~ ~ ~ ~ I ~ I z ~ ~ I ., I 1 b T ~. REVI APP OVAL. BY ~~~ OCrt ~ 2 ~~~ M WO~tKSOEPTtG , plM,ON, NYt~Q1Y' I NOCR ~. 10f r, / ~ U~1CT [ as• ,.nroo'• 1 6 uoY :i C I I CIF x f ~~ .~ i t .~. Doan r I-rir'i in sort, wow suaannor ,on . tern igoex suim~wM TOOTHMAN-ORTON ENGINEERING CO. O 2O0 4OO $OO 1200 ENC~NEERS SURVErORS PLlWMERS 9777 CNINDEN BOUIEVARO BOISE. IDAHO 83714-2008 ~'~ ~ ~ PHONE: 206-323-2288 FAX: 208-323-2399 -- t,ru: I;o+c-an+Et tuv.eq wtc IO-~-m ~oe:mttt Exhibit C -Page 2 • • • • CITY OF MERID]AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 .-~ X11 TOOTIII4iA.N-ORTON .ENGINEERING COMPANY CUNSIILTAIO FJVGtNEERS.'SURVEYOFS AND PLANNERS • 9777 EHINDEN BOULEVARD BOISE, IDAHO 63714-2008 208-323-2288 FA% 208-323-2399 boisemtoengrc°.cem Project: 07121 Date: September' 7, 2007 Revised: October 4, 2007 Page: 1 of 1 EXH®IT "t1" Three Corners Subdivision Preliminary Plat Description A parcel' of land located in the North Half of the Northwest 1/4 of Section 29, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more pa2ticularly described as follows: BEGINNING at the corner common to Sections l9, 20, 29 and 30; thence, along the northerly boundary of said Section 29, 1} 5.89°.26'41"E., 1326.49 feet to W 1116 comer common to Sections 20 and 29; thence, . 2) 5.00°31'59"W., 1324.64 feet to'the east-west centerline of the NW ll4 of said Section 29; thence, along said centerline, 3) N.89636'2Q"W., 1328.58 feet to the N 1/16 corner common to Sections 29 and 30; thence,.along the westerly boundary of said Section 29, 4) N.00°37'24"E., 994.3.6 feet; (hence, 5) N.0~0°37'24"E., 334.00 feet to the POINT OF BEGINNING. CONTAINING: 40.4 acres, more or less. SUBJECT TCi al] Covenants, .Rights, Rights-of--Way, Easements of Record, and any Encumbrances. REVI PR VAL BV __ oct ~ z coop M WORKS DEPT.~C (This description is based on record survey data and iS jor Preliminary Play purposes only. A field survey was not conducted} H:\07121\WPfileslSurveylFxbA-3 Comers Sub-PrrPiaLd°c BOISE COELIR d'ALENE • CP,LpWEI1. Exhibit C -Page 3 • • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 ' ,"~ '~l 7?OOTHMAN-ORTUN ENGINEERING COMPANY , GOlYStJLTV~IG EINGiNEHRS,~Sl1RVEYORSAND Pt1~NNERS • 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 . 208-323.2288 FAX 208-323.2399 tioise®toengrco.com Protect: 07121 Date: September 7,.2007 Revised: October 4, 2007 Page: 1 of 2 EXHIBIT "D" . Land Description of Property for Rezone to C-C Zone A parcel of land located in the North Half of the Noithwest ]!4 of Section 29, Township 4 North, Range l East, Boise Meridian, .Ada County, Idaho, being more particularly described as follows: BEGINI~TING at fhe corner common to Seciions 19., 20, 29 and 30; thence, along the northerly boundary of said Section 29', 1) 5.89"26'41"E., 1326.49 feet to W 1116 cower common to Sections 20 and 29; thence, - 2). S.00°31'59"W., 342.50 feet; thence, 3) S.58"11'08"W., 240.00 feet; thence, 4) N.24°02'58"W., 39.52 feet; thence, 5) Nordbwesterly along a curve to the left having a radius of 300.00' feet, an arc length of 342.45 feet, through a central. angle of 65°24' 11 ", and a chord bearing and distance of N.56°45'03"W., 324.16 feet; thence, 6) N.89°27'09"W., 187.49 feet; thence, 7) Southwesterly along a curve to the left having a radius of 300.00 feet, an arc length of 269.24 feet,'through a central angle of 51°35' 19", and a chord bearing and distance of S:64°50' 11"W., 260.3U feet; thence, 8) S.39'°07'32"W., 15.56 feet; thence;. 9) 5.44°26'45"E., 183:17 feet; thence, 10) Southtivesterly along a curve to the left having a radius of 121.00 feet, an azc length of 70.79 feet, through a central angle of 3.3°31'09", and a chord bearing and distance of 5.17°18'49"W., 69.78 feet; thence, 11) S.00°33' 15"W., 14.83 feet; thence, ' 12) S.89°59'56"W., 3.09 feet; thence, 13) S.00°37'20"W., 730.62 feet to the east-west centerline of the 1NW1/4 of said Section 29; thence, along.said east-west centerline, H:\071211WPfileslSurve~AFxhD~t4W Parcel-Rnanc~C-N.doc BOISE' • COEURd'ALENE CALDWELL 1 Exhibit C -Page 4 • • • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 .^~ ,-ti TOOTHMAN•9RTON ENGUYEF1tII~G COMPANY Project: 07121 Date: September 7,.200'7 Revised; October 4; 200'1 Page: 2 of 2 14) N..89°36'20"W., 510.00 feet to•the N 1116 comer common to Sections 29 and 30; tl-ence, along the. westerly .boundary of said Section 29, 15} N:00'°3124"E„ 1338.36 feetto .the POINT OF BEGINNING. CONTAINING: 21.3 acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of--Way, Easements of Record, and any Encumbrana~s. EXHIBIT "G" attached,, and by this reference, made a part hereof. (This descriptior+ is based on iecord survey data and is for Rezoning purposes onty. A field survey was not conducted) Pry JAL REVI ~ gY M W OF~KS t) PT G H[~A712I1WPfileslSwvey+~F.zhDdJW Paicei•Reiono-C-N.doe 2 Exhibit C -Page 5 - • ~ • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 ,.. t ^, ' ^ 'fOOTHMAN-ORTON ENGINEERING COMPANY CONSUL7tN0'ENOR~ERS, SURVEYORS AND P1.AIVNERS • ~, 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714.2008 208-323-2288 •'FA%208J23.2399 Boise®icengrco.com Project: 071.21 Date: Sepismbe:r 7, 2007 Revised: October 4, 2007 Page: 1 of 2 EXHIBTT "E" band Description of Property for Rezone to R-2 Zone A parcel of land located in the North Half of the Northwest 1 /4 of Section 29, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: COMMENDING at the corner common to Sections 19, 20, 29 and 30; thence, along the northerly boundary of said Section 29, A) 5.89°26'41"E., 1326.49 feet to the W 1/16 comer common to Sections 20 and 29; thence, B) S.00°31'59"W., 342:50 feet to the POINT OF BEGINNING; thence, 1) S.00°31'59"W., 982.14feet to .the east-west centerline ~fthe NWI/4 of said Section 29; thence, along said east-west centerline, 2) N.89°36'20"W., 878.58 feet; thence, leaving said east-west centerline, 3) N.01)°37'20"E., 730:62 feet; thence, 4) N.89°59' S6"E., 3_.09 feet; thence, S) 5.00°33'7 5"W., 24.55 feet; thence, 6) Southeasterly along a curve to the left having a radius of 221.61 feet, an arc length of 663.27 feet, through a central angle of 171 °29'0] ", and a chord bearing and distance ofS:89°25'45'8., 442.00 feet; thence, . 7) N.0~0°33' 15''8., 39.38 feet; thence, 8) Northwesterly along a curve to the left having a radius of 121:00 feet, an azc len€;th of 18.48 feet, through a central angle of O8°45'07", and a chord bearing and distance ofN.03°49'19"W., 18.46 feet; thence, 9) S.8'l°26'30'8., 169.18 feet; thence, ] 0) Northeasterly along a curve to the left having a radius of 125.00 feet, an arc lenl,th of 1.9.47 feet, through a central angle of O8°55'3?", and a chord bearing and distance of N.02°09'59"E., 19.45 feet; thence, H:107121\WPfiles~Sur~ey~ExAE:NW Parcel-Rcz°°c R-2.da BOISE COEUR d'ALENE CALD~NELL Exhibit C -Page 6 • ~ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 . ~, ~ TOUTHIGIAN-ORTON ENGINEERING COMPANY Project: 07121 Date: September 7, 20.07 Revised: October 4, 2007 Page: 2 of 2 1 l )Northwesterly along a curve to the left having a radius of 29.50 feet, an azc length of 14.48 feet, through a central angle of 28°07'02", and a chord bearing and ~3istance of N.16°21` 1.8"W.,,14.33 feet; thence, 12)N.30°24'49"VJ., 36.25 feet; thence, 13)N.2a°02'58"W., 15.69 feet; thence, 14) N.58° 11'08"E., 276.33 feet to the POINT OF BEGINNING CONTAINING: 12.87 acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of--Way, Easements of Record, and any Encumbrances. E}SIT "G" attached, and by this reference, made a part hereof. (this desorption is based on record survey data and'is for Rezoning purposes only. A field survey was not conducted.) <ailt ~AL ~Y acs ~ i ~oa7 WORKS DEPT!C H:~\0121\WPfiIaVSurrey\F_chENQ' Petbel•Rexone R-2.d°c 2 Exhibit C -Page 7 • ~ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 ~. ~ 7"OOTIBVIAN-ORTON ENGINEERING COMPANY coristn.•rvaa eNOtrr~AS, suRV~ons nxD PwvxaRs • , . 9777CMINDENBOULEVARD BOISE, IDANO 8374-2008 208-323 2288 FAX 208.323-2399 boise0toengrco.com Ptoject: 07121 Date: September 7, 2007 Revised: October 4, 2007 Page: 1 of 2 EXHIDTT "F" Land Description of Property for Rezone to R-8 Zone A parcel of land 1'ocated in the North Half of the Northwest L/4 of Section 29, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, being mare particularly described as follows: COIVIME;NCIlVG at the comer common to Sections 19, 20, 29 and 30; thence, along the northerly boundary of said. Section 29, A) 5.89°26''41 "E., 1326.49 feet •to the W 1116 comer common to Sections 20 and 29; thence, B) S.00°31'59"W., 342.50 feet; thence, C) 5.58° 11'06"W., 240.00 feet to the POINT'UF BEGINNING; thence, 1) 5.58°I 1'08"W., 36.33 feet; thence, 2) S.2'4°02'58"E., ].5.69 feet; thence, 3) S.30°24'49"E., 36.25 feet; thence, 4) Southeasterly along acurve to the right having a radius of 29.50 feet, an azc length of 14.48 feet, through a central angle of 28°07'02'', and a chord bearing. and. distance of S.16°21' 18"W.,-14.33 feet; thence, 5) Southwesterly along a curve to the right having a radius of 125;00 feet, an arc len@;th of 19:47 feet, through a central angle of 08°55'33",. and a chord bearing and distance of S.02°09'59"W., 19.45 feet; thence, ~ N.87°26'30"W., 169.18 feet; thence, 7) Southeasterly along a curve to the right having a radius of 121.00 feet, an arc length of 18.48 feet, through a central angle of O8°45'07", and a chord bearing and distance of 5.03°49'19"E., 18.46 feet; thence; 8) 5.00°33' 15"W., 39.38 feet; thence, 9) Nol3hwesterly along a curve to the right.having a radius of 221:61 feet, an arc length of b63.27 feet, through a central angle of 171 °29' O l ", and a chord bearing and distance ofN.89°26'45"W., 442.00 feet; thence, H:107121\WPCilesl5urveylExEF-NW PerceFRez°ne R-B.doc. BOISE • COEUR d'ALENE CALDWELL Exhibit C -Page 8 1 • ~ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 '~: TOOTHMAN-OR'I'UN ENGINEERING COMPANY Project: 07121 Date: September 7, 2007 Revised: October 4, 2007 Page: 2 of 2 10) N:0.0°33' I S"E., 39.38. feet; thence, 1 l) Nortinwesferly along a curve to the right having a radius of 121.00 feet, an azc length of 70.79 feet,. through a central angle of 33°31'OS~", and a chord bearing and di"stance ofN_I7°18'49"E., 69..78 feet; thence, 12)N.44°26'45"W., 183.17 feet; thence, 13)N39°07'32"E., 15.56 feet; thence, 14) Northeasterly along a curve to the right having a radius of 300.00 feet, an arc ]engih of 269.24 feet, through a central. angle of S l °25' 19", and a chord beating and distance of N.64°50'11"E., 260.30 feet; thence, 15) 5.89.'°27'09"E., 187.49 feet; "thence, 16) Southeasterly along a curve to the right having a radius of 300.00 feet, an azc length of 342.45 feet, through a central angle of 65°24'' 1 T", and a chord bearing and distance of 5.56°45'03"E., 324.1.6 feet; thence, 17) S.24°02'58"E., 39.52 feet to the POINT OF BEGINMNG. CONTAINING: 6.2T acres, more or less. SUBJECT TU all Covenants, Rights, Rights-of--Way, Easemenu of Record, and any Encumbrances. E?~EiIBIT "G" attached, and by this reference, made a part hereof. (This description is based on recaid survey data and is for Rezoning purposes only. A field sun+ey was nat conducted) ~ Vn4 Rt"V~EW BY ~'~ OC7 12 ~~Ol M WORKS t)EPT'~ H:107{21\WPfileslSurveytExhF-NW PhrcEl-Aezoae R-Bala 2 Exhibit C -Page 9 • ~ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 ,•-:. :i£E EXHIBIT "D" ~~- ~ : -- Lap/l~.lllnl7ll ~ ~~~Vnp Lir 2f/~ .~itir FOR PROPERTY LOCATED IN THE NW1/4 OF SECTION 29., TOWNSHIP 4 NORTH, RANGE 1 EAST, B.M., ADA .COUNTY, IDAHO 'P.0 _B.' . _..... ~, ~... mn. 1. ~; m LINE TABLE LINE BEAF;ING LENGTH L'1 S58'.11'08"W 36.33 L2 52a'O2'S8"E 15:69 L3 530'2a'a9"E . 36.25 L4 N8T26'30"w r69.r8 i5 500'33'15°W 39.38 l'6 N00'3-'i'15"E 39.38 L7 N39'Oi''32"E 15.56 LS S24'Oi!'S8"E 39.52 ~I ~ ;l 8 ~~- -. ~ _ ~vI . sa'+r . sa~r wrrr..eeu ivsmsv o ~ REVIE R AL 0 200 400 800 1.200 ~BY OCS 1'2 2Q01 MERIDIAN-PUBLIC TOOTHMAN. ORTON ENGINEERING CO. WORKS DEFT ENGINEERS SURVEYORS PLANNERS 9777'CHINOEN BOULEVARD BOISE, IDAHO 8371a-2008 PHONE: 208-323-2288 FAx: 208'-3.23-2399 C-flE: pa0-IS20NF NAP.d.g piC: 10/~10T JOB: 07~1.~ .•~ ., s ,.B.. LEGEND , RE20NE BOUNDaRY ' - v.- - - - RIGHT-Of-WAY LINE ~ - - - - - SECTION LINE _ - - - - .PROPERTY BOUNDARY "P,O.B.' POINT Of BEGINNING ' 1 91 4 ^I ~ ~ ~ ~ I ~ j ~; ~ GIYM t t116.K ~ ~ , ~^, i 4 .~\ i wrvmm avsnmmr ~ , r.rr •.r,rm[ LOT '16 BLOCK 1, DUNR'OODY SUBDIVIS/ONI ~nm~ s .n.m • ~ CURVE TABLE URVE LENGTH RADIUS DELTA TANGENT 'CHORD BEARING Ct 1x.48 29.50 28'07'02° 7.39 1x.33 St6'2t'i8"E C2 t 9.47 7 25.00 08'55'33" 9.76 19.45 S02'09'S9"w C3 18.48 121.00 08'x5'07" 9.26 18.46 _503'49'19"E C4 .563.27 221.61 t71'29'Ot" 2976.36 x42:00 N89'26'a5"w CS 70.79 121.00 33'31'09" 36.aa 69.78 N1Tt8'49"E C6 269.24 300.00 51'25'19" 144.45 260.30 N64'S0'tt"E C7 «2x5 300.00, 65'2a'a t" [92.61 . 324.-16 556'x5'03"E Exhibit C -Page 10 ~- - • • • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 D. Required Findings from Unified Development Code Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to zone the subject property to C-C, R-8 and R-2. The City Council finds that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan if the proposed Comprehensive Map Amendment is approved by City Council. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council fords that professional offices, retail uses, private schools and medical clinics would be permitted uses within the C-C district and single family detached units are allowed, in the R-8 and R-2 district (single-family attached units are allowed in the R- 8district o:nly). The City Council finds that future development of this property should comply with the established regulations and purpose statement of the C-C, R-8 and R-2 districts, if the DA provisions are adhered to. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that a zoning amendment to C-C, R-8 and R-2 will not be detrimental. to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services 6y any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that a zoning amendment to C-C, R-8 and R-2 for this site will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The City Council finds that ali essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. Li accordance with the findings listed above, City Council finds that Annexation and Zoning of this property to C-C, R-8 and R-2 would be in the best interest of the City, if the Applicant enters into Development Agreement (DA) with the City, a s mentioned in the Staff Report. Exhibit D -Page I • • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan subject to approval of the CPA by City Council. Staff supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is. in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, The City Council finds that the subdivision will not require the expenditwe of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACPID, etc.) to determine this finding. (See Exhibit B for more dE:tail.) 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff is unaware. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any natural, scenic, or historic featwes on this site. Therefore, Staff finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic featwe(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Staff is unaware. Exhibit D -Page 2 • • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 18, 2007 Alternative Compliance Findings: In order to grant approval for alternative compliance, the director shall determine the following findings: a. Strict adherence or application of the requirements is not feasible; OR The City Council finds the 10 foot landscape buffer adjacent to local streets is not feasible for the design of this proposed development. Staff believes the submitted landscaping plan meets the intent of the City's landscaping code and provides increased buffering to the future residential portion of the development. b. The alternative compliance provides an equal or superior means for meeting the requirements; and The City Council finds the alternative compliance does provide a superior means for meeting the City's laniiscaping requirements. City Council finds the conceptual landscape plan incorporates innovative design by using center medians as the proposed buffer adjacent to local streets. Additionally City Council finds this design contributes urban streetscape of the proposed mixed use development. Therefore, City Council supports the proposed concept landscape plan, as depicted in Exhibit A. c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The City Council finds that the proposed alternative will not be detrimental to the public welfare or impair the use /character of the surrounding properties. Exhibit D -Page 3 ~ ~ February 15, 2008 AZ 07-014 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT Morgan Development ITEM NO. 6-FI REQUEST Development Agreement -- Request for Annexation and Zoning of 7.55 acres from RUT and R1 to a C-C zone for Woodland Springs -- northeast corner of McMillan Road and Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See atMched Development Agreement ~~ro~ ~- OTHER: Contacted: ~~~, ~ e e~ Date: ~~ ~ Phone: Emailed: .C~ff Initials: Materials pres ed at public meetings shall become property of the City of Meridian. '~~~~~ • ~ • ~ u ~s o ~ zoos i,y Of 1Vlericiian 332 N. Broadmore Way ;t-~, Clerk Office do PLINNINCy INC. Nampa, ID 83687 Ph: (208) 442-6300 • Faz: (208) 466-0944 LETTER OF TRANSMITTAL T0: Tara Green Meridian City Hall City Clerks Dept. 33 E. Idaho Ave. Meridian, ID83642 FROM: Lenny Riccio PROJECT N0. C07175 N0. OF ITEMS DESCRIPTION ~ Development Agreement- Dated 2/4/08 REMARKS: Date: February 7, 2008 PROJECT NAME: Woodland Springs Delivered by L ~+ C. StY ~ c ke ~ RECEIVED BY: DATE: • ~ • • iPill;lidl~ '~I;iC;ll,,411d'~I"'h'' Pilf;~fif,;ll''III;UI';I"i ..I. C;I,fGl,l'119;11 IPIIiPi,hli,Pl,lflilflil;ll d4PIliQ;l't,D'Pil"I' ,ii;IQ;I 4i~:D lill;;lll$iili; Ifld6tfD l'Y~J'~ll'~d'I:Ilil I;Ir'I:~;f~d F'Pdl VV yy I;;IhPIJ°f"4~ Patti than~iP~orl ~I~ ~~~~~~~~~ ~~~~~II~~ ~~ II~~~I~~ II~ RECORDED-REQUEST DF 10~022~~cr~ City of Meridian DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Woodland Springs, LLC, Owners 3. Morgan Development, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of ~~i~~'2~1 , 200, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, Morgan Development, whose address is 5145 S. Heyrend Drive, Idaho Falls, ID 83403, hereinafter called DEVELOPER, and Woodland Springs, LLC, whose address is 5145 S. Heyrend Drive, Idaho Falls, ID 83403, hereinafter called OWNERS. RECITALS: 1.1 WHEREAS, Owners are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, LC. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Developer and/or Owners make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Developer has submitted an application for annexation and re-zoning of the Property described in Exhibit A, and has requested a designation of C-N (Neighborhood Business District), Municipal Code of the City of Meridian; and 1.5 WHEREAS, Developer and/or Owners made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & DEVELOPMENT AGREEMENT (AZ 07-014 WOODLAND SPRINGS) PAGE 1 OF 11 ,' • ~ • Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 8`'' day of January, 2008, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Developer and/or Owners to enter into a development agreement with relation to the C-N (Neighborhood Business District) before the City Council takes final action on annexation and zoning designation; and 1.9 DEVELOPER and/or OWNERS deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Developer and/or Owners to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. NO'W, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEF]:NITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision DEVELOPMENT AGREEMENT (AZ 07-014 WOODLAND SPRINGS) PAGE 2 OF 11 • ~ • of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 DEVELOPER: means and refers to Morgan Development, whose address is 5145 S. Heyrend Drive, Idaho Falls, ID 83403, the party developing said Property and shall include any subsequent developer(s) of the Property. 3.3 OWNERS: means and refers to, Woodland Springs, LLC, whose address is 5145 S. Heyrend Drive, Idaho Falls, ID 83403, the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned C-N (Neighborhood Business District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian City Code Section 11-2-B which are herein specified as follows: Construction of no more than 4 commercial buildings in the proposed C-N zone on 7.55 acres, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 07-O14 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CO]VDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Developer and/or Owner shall develop the Property in accordance with the following special conditions: 1. 'That development of this property shall generally conform to the Concept Plan prepared by Advantage Architecture (attached in Exhibit C), as determined by the Planning Director or otherwise approved through a Conditional Use Permit. The pedestrian walks shall be substantially constructed as shown on the concept plan. (NOTE: The Applicant has shown a pedestrian access from the sidewalk on McMillan Road to the convenience store. This connection may not be possible due to the relocation of the Settlers Canal and the canal remaining open. Therefore, this connection should not be required. However, in accordance with the DR requirements of the UDC, the Applicant should DEVELOPMENT AGREEMENT (AZ 07-014 WOODLAND SPRINGS) PAGE 3 OF 11 • ~ • • construct a pedestrian walkway from the Locust Grove Road sidewalk to the convenience store entrance (or any future building on Lot 2)). 2. Provide a trellis structure, a picnic table and landscaping within a plaza area near the center of the development. (Exact details of the plaza area shall be established with the future development on Lot 2 -convenience store lot.) 3. Construct benches in front of the professional office building on Lot 4. 4. The business hours of operation for the professional office and multi-tenant retail businesses shall be limited to 6 am and 11 pm. This restriction shall include deliveries and trash compacting. 5. The following shall be the allowed uses on this property: Permitted and accessory uses within the C-N zone. All conditionally permitted uses on the subject site shall be subject to CUP approval. 6. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 7. All future development of the subject property shall comply with City of 1'~Ieridian ordinances in effect at the time of development. 8. '7['he Applicant shall be responsible for all costs associated with sewer and water service installation. 9. Except for one full-access to Locust Grove Road and the public street to PvlcMillan Road at the east boundary (Beethoven Street), no other access points to Locust Grove Road or McMillan Road shall be allowed. 10. All buildings in the development shall be subject to administrative design review as defined in UDC 11-3A-19. Pedestrian walkways and paths shall be provided throughout the parking lotto allow pedestrians to walk in designated ~rreas (as shown on the concept plan). 11. The Applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review approval from the Planning Department prior to any building construction on the subject property. 12. All buildings on the site shall substantially comply with the elevations in Exhibit C (subject to full compliance with future design review). All buildings shall be substantially consistent with the square footages shown on the concept plan: a maximum 11,000 square foot professional office and retail building; a 4,500 square foot convenience store/fuel station (subject to CUP approval); and, a maximum 33,000 square foot multi-tenant commercial building. Materials for the subject buildings shall include: cultured stone, faux timbers ,and beams, stucco and stucco accents, and metal standing seam roofing. 13. Construct a 25-foot wide landscape street buffer along Locust Grove Road, a minimum 10-foot wide street buffer along Beethoven Avenue, and a minimum 38-foot wide landscape buffer along McMillan Road, as proposed. These buffers shall be designed in accordance with UDC 11-3B-7. 14. Construct a minimum 20-foot wide landscape buffer between residential uses and properties zoned C-N. This buffer shall be designed and constructed in accordance with UDC 11-3B-9 and be placed adjacent to any existing DEVELOPMENT AGREEMENT (AZ 07-014 WOODLAND SPRINGS) PAGE 4 OF 11 • rf;sidential uses to the north and east. The Applicant shall comply with all other landscaping standards described in the UDC, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. 15. 1\fo car wash (vehicle washing facility) shall be allowed on this site. 16. Construct a 6-foot tall fence along the north and east property lines. 17. The project may be divided into two phases. The first phase including convenience store and the 11,000 sq. ft. professional office and retail building and the street accesses to both Beethoven and Locust Grove. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Developer and/or Owners or Developers and/or Owners heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Developer and/or Owners consent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to- wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Developer and/or Owners and if the Developer and/or Owners fails to cure such failure within six (6) months of such notice. 8. INSPECTION: Developer and/or Owners shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. DEFAULT: 9.1 In the event Developer and/or Owners, or Developer and/or Owners' heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Developer and/or Owners of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City DEVELOPMENT AGREEMENT (AZ 07-014 WOODLAND SPRINGS) PAGE 5 OF 11 • ~ • • or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Developer and/or Owners' cost, and submit proof of such recording to Developer and/or Owners, prior to the third reading of the 1Vleridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by the City or Developer and/or Owners, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Developer and/or Owners shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2', In the event the performance of any covenant to be performed hereunder by either Developer and/or Owners or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which the Developer and/or Owners agree to provide, if required by the City. DEVELOPMENT AGREEMENT (AZ 07-014 WOODLAND SPRINGS) PAGE 6 OF 11 • • 14. CERTIFICATE OF OCCUPANCY: The Developer and/or Owners agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer and,/or Owners have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Developer and/or Owners agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 OWNERS: Woodland Springs, LLC 5145 S. Heyrend Drive Idaho Falls, ID 83403 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 DEVELOPER: Morgan Development 5145 S. Heyrend Drive Idaho Falls, ID 83403 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as DEVELOPMENT AGREEMENT (AZ 07-014 WOODLAND SPRINGS) PAGE 7 OF 11 • determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BIPJDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Developer and/or Owners of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Developer and/or Owners, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Developer and/or Owner have fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FII\fAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Developer and/or Owners and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Developer and/or Owners and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/'or amendment in force at the time of the proposed amendment. DEVELOPMENT AGREEMENT (AZ 07-014 WOODLAND SPRINGS) PAGE 8 OF 11 • 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the M~sridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER: MORGAN DEVELOPMENT OWNERS: WOODLAI~H°SI~NGS, LLC CITY OF MERIDIAN i By: MAYOR T Y de WEERD ~~ ~ 4 r-.- t ~ ~ ~~ ~~ ~ _. ~~ Attest: `~ £., _ ~~ CITY CL RK ''~=.~~`. ~=~ DEVELOPMENT AGREEMENT (AZ 07-014 WOODLAND SPRINGS) PAGE 9 OF 11 • • STATE OF IDAHO, ) County of A-d~a, ) t'~ On this "- day of ~d ~` ~°~~i;^' " , 2008, before me, the undersigned, a Notary Public in and for aid State, personally appeared 7yIGt ~•~- l~~i,`~^~u,~ known or identified to me to be the lay^zsi(~~,~~ ~' ~ of Morgan Development, acknowledged to me that they executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,~P~ _.........,G~~,, ®~ ,~- E Not Public for Idaho Residing at: ~I~i~~e:. ~i ids L i~ My Commission Expires: ., r --~C%~-Y STATE OF IDAHO, ) hC.;4.1r~j~f;t~ SS County of Ada, ) On this 'i ~~~ day of ~~=~, ~~ul"4' 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared !?'lct ~ ~G'nun. known or identified to me to be the I~~~'J~~r ` of Woodland Springs, LLC and acknowledged to me that he executed the same on behalf of said corporation IN ~JVITNESS WHEREOF, I have hereunto set my hand and affixed my ;, da~~ and year in this certificate first above written. ,,•~Q~ "..... , ~~~, ~~AL) ~. i~ ~~ .~s ~...... ~~~f`~~<~~.'. ll~F ~ .....~~`~ L~ Notary Public for Idaho Residing at: =~ktil~ ~ My Commission Expires: DEVELOPMENT AGREEMENT (AZ 07-014 WOODLAND SPRINGS) PAGE 10 OF 11 • ~ • STATE OF IDAHO ) County of Ada ss h On. this.~_ day of Fe bru~r , 2008, before me, a Notary V-~`~ Ce.L Public, personally appeared Tammy de Weerd and ~b1~ll~ :, know or identified .~~ ~~ to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed ` the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day a~~~'~~' in this certificate first above written. ~-. ~ ~. ~, r ~ ~ ~ ```'t ~ ` (SEAL) ~. ~ Notary Public r Idaho ~ ~°~G ! ~ ~~~ Residing at: ~~~ ~ i[ ~ ~p • C: ~` `~~ + '~ ` ~'~ ' ~~ Commission expires: ~~~ ~ 'E ems` , _ v~" ~'. -~.~,es DEVELOPMENT AGREEMENT (AZ 07-014 WOODLAND SPRINGS) PAGE I 1 OF 11 • • ~ • Exhibit A -Legal Descri~~~tiou GPS, BOUIvDAkY, 4~Di't}tsRAPHIC AND .4LT.A SURVEYS lend 5urveyEng, inc. ~N ~~ocrtcAr~rNNnvsrnxtNc 1121 E. State Street Sui#$ 3B5 Eagle, Idatto 83616 office: t-208-934.7373 fax: 3.298-939-7321 BOUNDARY DESCRIPTION FOR WOODLAND SPRINGS SUBDIVISION Overall lob No. p7109 J.B.F. 8-1 E-U7 Fart ~+f the Souttiu~est IJ4 of the Southwest 1/4 of Section 29, Township 4 North, Range 1 Past of the ]Boise Meridian, Rda County, Idaho described as: Beginning at the Southwest corner of Section 29, Tov~mship 4 T`ortt>, Range 7 Bast of the Boise Meridian, Ada County, Idaho and running thence I~UU`"5'22"E tib3.p4 feet along the '04°est lime of said Section; thence S89°20'43"E SUS. i 9 feet; thence SU2° 12'41"W b64.45 feet to a point on trte South tine of said Section; thenca N89°12'28"W 455.46 feet along said S~ouzh lint of the Point of Beginning. Parcel ~.~5 3i7e5. ~ ~_ E3Y _ i ~---~ tJ+ER~+ ~~Ktt VEPTIG var,,, ~ ~ ~ i CITY OF rVIERIDIAN E IDIAN~ FINDINGS OF FA(~T, CONCLUSIONS OF LAW AND C D A H O DECISIOrf & ORDER In the Matter of Annexation and Zoning of 7.55 acres from RUT and Rl (Ada County) to C-N (Neighborhood Business District), AND Preliminary Plat approval of 4 commercial lots on 7.55 acres in the C-N zoning district, by Morgan Development. Case No(s). AZ-07-014 a,nd PP-07-019 .For the City Council Hearing Date of: December 18, 2007 (Findings on the January 8, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see; attached Staff Report for the hearing date of December 18, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 18, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 18, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 18, 2007 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 1 l Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by c-rdinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. The conditions sh<~11 be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DEC1S10N & ORDER CASE NO(S). AZ-07-014 and PP-07-019 -1- ~_ _ ~ • ~ 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found that 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 panted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of December 18, 2007 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above: and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated August 1!~, 2007 (stamped received on 10-26-07 by the City Clerk) is hereby conditionally approved; and, 2. The site specific; and standard conditions of approval are as shown in the attached Staff Report for the hearing date of December 18, 2007 incorporated by reference. D. Notice of Applicable 'Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat. or one (1) year of the combined preliminary and final plat or short pleat. In the event that: the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat: approval. Upon written request and filed by the applicant prior to the termination of tlhe period in accord with 11-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-O14 and PY-07-019 -2- • • the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory Makings analysis will toll the time period within which a Petition for Judicial Review Inay be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real, property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of December 18, 2007. CITY OF MERIDIAN FIIJDINGSI OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-O14 and PP-07-019 -3- ~ i ~ ~ By action of the City Council at its regular meeting held on the ~ ~~ day of 2008. COUNCIL MEMBE',R DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBE>R CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED_~ TIE BREAKER MAYOR TAMMY de WEERD VOTED `\~~,•~~,~ 4'~ ~1vI~~1'Y~~R, DE WEERD ~• ~~0~,4 rF ~ ATTEST: ., o - =_ ~~L WILLIAM G. BERG, JR.' ~ ~~IC• .Zr ,' ~''~~~in i u n11,\`~~. Copy served upon: ~,/ Applicant _~ Planning Department _~ Public Works Department _~ City Attorney 0 gy. Dated: ~-~~-~~ City Clerk's Office CITY OF MERIDIAN Fi VDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-014 and PP-07-019 -4- • • .. ~:;~.,..~.a ~; > .:.v,,,,,,,,,,,,;,••;; .,i::::~,y.,~,...,~,, :,•,;.,,,,,.,,~,::~:, F+:Ti.1Pi;:VI''+,'f'l~~i[:VT+.':I"J IfIE:::Ialf;,''~,;Gt.1ft~J~; I:)?~"li'1F:4~)IFa;ii~sd~'IiI',dlkk;lt 1S,'W'(Id"7 Ci T'i' G E l'~, l l..l. ,.1. l,..i,l. ~..I ,I If .L.....,.. I I J .d I l_. L: 11...1. , ,.I ,. If L if lE..f 111 ..~ If , ...I ,I STAFF REPORT E IDIAN~ Hearing Date: December 18, 2007 I D A H O TO: Mayor and City Council FROM: C. Caleb Hood, Current Planning Manager 208-884-5533 SUBJECT: Woodland Springs • CPA-07-014 Comprehensive Plan Land Use Map Amendment to change approximately '7.55 acres from Medium Density Residential to Mixed Use -Community • .AZ-07-014 .Annexation and Zoning of 7.55 acres from RUT and Rl (Ada County) to C-C (Community Business District) • :PP-07-019 Preliminary Plat of 4 commercial lots on 7.55 acres in the proposed C-C :coning district, by Morgan Development. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The subject Comprehensive Plan Amendment (CPA) application proposes to amend the Future Land Use Map of the Comprehensive: Plan. The Applicant, Morgan Development, is proposing to change the existing "Medium Density Residential" future land use designation to the "Mixed Use -Community" designation for a seven and one-half acre parcel. Concurrent with the CPA request, the Applicant has applied for Annexation and Zoning (AZ) and Preliminary Plat (PP) approval to annex and zone 7.55 acres to C-C (Community Business District) and subdivide the property into 4 commercial lots. The subject annexation and preliminary plat are contingent upon approval of the concurrent map amendment (CPA- 07-014). If approved, the subject Map amendment would not change the Future Land Use Map designation for any other parcels or for any other features of the Comprehensive Plan. Approval of the subject applications would allow the Applicant to obtain a commercial zoning district. The Applicant has submitted) a conceptual site plan of how this site may be developed with a convenience store/gas station, a medicaUdentaUprofessional office building, and amulti-tenant commercial building. On the submitted conceptual plan, the Applicant has depicted one full-access driveway to Locust Grove Road; no direct lot access to McMillan Road is proposed. The Applicant is also proposing to complete the remaining portion of the north-south public street (Beethoven Avenue) in Portico Place Subdivision to the east, and take driveway access from this local roadway. NOTE: Originally, the Applicant presented a site plan that showed aright-in/right-out access to McMillan Road. ACRD did not approve the right-in/right- out driveway to McMillan Road and the Applicant has submitted a revised concept plan and plat. This Staff report is based on the revised site plan, preliminary plat and landscape plan. The subject property is located on the northeast corner of Locust Grove Road and McMillan Road, in Section 29, Township 4 North, Range 1 East, B.M. Currently, the site is comprised of 3 tax parcels zoned RUT and R1 in Ada County and contains two homes and outbuildings. The Applicant intends to remove the existing structures and construct a commercial development. The subject property is within the City's Area of Impact and Urban Service Planning Area. Per Idaho Code, Comprehensive Plan Map Amendments are allowed only every six months. It has been more than six months since the Comprehensive Plan Future Land Use Map has been amended. The woodland Springs -CPA-07-014 ! AZ-07-014 / PP-07-019 PAGE 1 C]T"e' OF' IbtiE1~]CJN;h~1';I 1P'L:~tiU'd!I111]I II,..i .I:,if::.;f''4I!+'~I`I!ti~:l:t:I"d'I"' ti'1:~~II N' [+LY~.DI 'T' G'i UI~ IIll1Ii II1IL~VI.:CIMI~f.:n I~w~'e'1"Ic: iCYT' Il.:ba::~ If ~ ILff:?If.. 11i. !C~i!:I'i' previous recomtendation of an amendment to the land use map by the Commission occurred on April 19, 2007. This time frame exceeds the minimum six month requirement between the last and the current map amendment request. 2. SUMMARY RECOMMENDATION The subject ComprehensivE; Plan Map Amendment, Annexation and Zoning, and Preliminary Plat applications were submitted to the Planning Department for concurrent review. By Ciry Ordinance, the Planning & Zoning Corrunission makes recommendation to the Council on all of the subject applications. Staff is recommending approval of Woodland Springs (CPA-07-014/AZ-07-014/PP- 07-019), with a Map designation of Mixed Use -Neighborhood (not Mixed Use -Community as proposed by the Applicant) and a C-N zoning district (not C-C as proposed by the Applicant). See the analysis in Sections 8, 9 and 10 and the Findings listed in Exhibit B of this Staff report. The Meridian Planning & Zonin Commission heard these items on November 1, 2007. At the public hearing they moved to recommend approval of the subject CPA AZ and PP applications. a. Summary of Commission Public Hearing: i. In favor Todd Myers Matt Morgan Don Lilyguist -Bud and Clyde Brinegar s~-ed up "for" on the hearing sign in sheet but did not testify) ii. In o osition: None iii. Commenting: None iv. Written testimony' Applicant's a-mail response to staff report, dated 10-26-07 v. St- aff presenting application: Caleb Hood vi. Other staff commenting on application: None h, Kev Issue(s) of Discussion by Commission: i. Potential for fast-food and/or drive-through users on this site; ii. Dum ster locations; iii. Deliveries and hours of operation; iv. Vehicular interconnectivity; and, v. Perimeter fencing. ~, Kev Commission Change(s) to Staff Recommendation: i. Required an 8' tall vinyl fence along the north and east property lines. See Condition 1.11 in Exhibit D. ~_ Outstanding Issue(s) for Citv Council: i. None The Meridia ['; r^"nril h[+arr~ thpCe Ite son Decemhpr tR 2007 At the public hearing~he Council approved the subh~e-c_t applications. a, $~, of City ('ouncil Public Hearine: i. In favor Todd Meyers ii. In onnosition• None (Corey Sandvelt siened in at the public hearing but did not t ti iii. Comme tinr~one iv. Written testimony: None Staff nresentinQ application: Caleb Hood v. Other staff commentine on application' None g~ Key Icc es of Dise~iscion by Council: i. Potential for a car wash facility ii. Fencing iii. Hours of operation Woodland Springs -CPA-07-014 / AZ-07-014 / PP-07-019 PAGE 2 ~_ • ,.. .~~ ~..~..:' ~:~..,r ..., i~ a r:l•,,.~ .r~rl,..., r'•~::::I,:I':,.•,1~ ::,'yl'.,~...ry11'-" I;d..l~sl'~.4I'd"~~ .{'11..1Ihl...~..~:.71:,~:'~1_,~,1'f.ll1'''rd..:r.I..,I.'lil.~~s4..IIf^l.,ll:~d.l:..IO~IL-~E:sNd...li5.,'l)'U'i 1., $ 7 , I,.l I Itir 11.I_.h~.l l..l u, 1~"J N 1.,. 1..1 'I I if 1. I ~ L.n ~,.., .L., I, , 1..1,. L 111 L..,I If ... L . r., L i. rohib' 'd anv car wash (vehicle washing facilitvl on this site. ii. ,411owed/Reauired six-foot tall perimeter fencing iii. Limited hours of operation for the two buildings near the residential homes from 6 m to pm (as stated in the staff reportl. iv. Supnorte d the Comprehensive Plan designati2n of Mixed Use -Neighborhood and the zoniri oQ f C-N. 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all Staff, Applicant and public testimony, I move to approve File Numbers CPA.07-014, AZ-07-014, and PP-07-019 as presented in the Staff report for the hearing date of December 18, 2007, with the following modifications to the proposed development agreement and/or conditions of approval: (add any proposed modifications.) Denial After considering all Staff, Applicant and public testimony, I move to deny File Numbers CPA- 07-014, AZ-07-014, and/or PP-07-019 as presented during the public hearing on December 18, 2007, for the following reasons: (you should state specific reasons for denial of the CPA, AZ and PP requests.) Continuance After considering alll Staff, Applicant and public testimony, I move to continue File Numbers CPA-07-014, AZ-0'7-014, and PP-07-019 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/Lo'cation: 1630 & 1720 E. McMillan Road, on the northeast corner of Locust Grove Road andl McMillan Road, within Section 29, Township 4 North, Range 1 East. b. Property Owners of Record: Matt Morgan 5145 S. He}+rend Drive Idaho Falls, ID 83403 Norma Erilow 1720 E. McMillan Road Meridian, ID 83646 c. Applicant: Morgan Development 5145 S. He}rend Drive Idaho Falls, ID 83403 d. Representative: Todd Meyers, Morgan Construction e. Present Zoning: RUT & R1 (Ada County) £ Present Comprehensive Plan Future Land Use Designation: Medium Density Residential g. Description of Applicant's Request: The Applicant is requesting a change to the Future Land Use Map designation for this property; annexation and zoning; and, preliminary plat approval for fow~ commercial lots on approximately seven and one-half acres. h. Applicant's Statement/Justification (see Applicant's application and letter): "With the increasing traffic: flow on both Eagle Road and meridian Road drivers will find alternate routes Woodland Springs -CPA-07-01'4 / AZ-07-014 / PP-07-019 PAGE 3 • .,~ ::~ :~ ~~ ~~ ., , .. ,. , i~ ":: a: , ~ "~ "h' J''" "~ ~;'G ~?, 'If'1f-1: E3 .I-1f IEa.r~4,:G~laa'ti19 `;i r :D.~~~i, "I":f: ~C:;iI" If.:U fa G:af:~ lvl l:6 Jail l' FL. '? I:}C17 t~E.l„~~~ :ur r~t~:l~.li~l.~~~ r~ll....~~~~,l~~dP~d.fr~~:~ra i_.l..if .~,.If.:uhdf;k:.l+l E ._, E, ~l I. ~~~..f r,,1..1 I...1. that shall increase traffic onto Locust Grove. Commuters will need services including fuel that are located on their direct route to and from work. The increasing number of residential properties will create a demand for retail services. Close retail services will reduce resident's needs to drive long distances on crowded arterial streets and will increase to availability to access retail service by pedestrians." Please see Applicant's submittal letter for more information. 5. PROCESS FACTS a. The subject application will in fact constitute a Comprehensive Plan Amendment as determined by City Ordinance. By reason of the provisions of the Unified Development Code, Title 11, Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. The subject application will in fact constitute an Annexation as determined by City Ordinance. By reason of the provisions of the Unified Development Code, Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. c. The subject application will in fact constitute a Preliminary Plat as determined by City Ordinance. By reason of the provisions of the Unified Development Code, Title 11, Chapter 5, a public hearing its required before the Planning & Zoning Commission and City Council on this matter. d. Newspaper notifications published on: October 15 and 29, 2007 (Planning & Zoning Commission) (Plaanning and Zoning Commission); November 26, 2007 and December 10, 2007 (City Count e. Radius notices mailed to properties within 300 feet on: October 5, 2007 (Planning and Zoning Commission); Nawember 21. 2007 (City Council) £ Applicant posted notice on site by: October 22, 2007 (Planning and Zoning Commission); December 8, 2007 (Gifu Council) 6. LAND USE a. Existing Land Use(s): There are two existing homes, and other outbuildings on the subject site. b. Description of Character of Surrounding Area: The properties directly to the north and east are designated Medium Density Residential on the Comprehensive Plan Future Land Use Map. The property to the west is designated Low Density Residential. The property to the south is designated Public/Quasi-Public. Most of the properties surrounding this site are still currently underutilized and contain single-family homes. c. Adjacent Land Use and Zoning: North: Single-family residence, zoned RUT (Ada County) South: Idaho Power Substation, zoned R-8 East: Furi:~re single-family homes, Portico Place Subdivision, zoned R-8 West: Single-family home, zoned RUT (Ada County) d. History of Previous Actions: In late 200b, an annexation application was submitted for 2.4 acres of the subject property. That annexation application (AZ-06-054) requested L-O zoning. On February 13, 2007 the City Council denied the annexation application. The Applicant has since acquired the adjacent 5 acres. Woodland Springs -CPA-07-014 I' AZ-07-014 / PP-07-019 PAGE 4 ~ ` ~ ~ r..i ...., r ... ~:~ 1 r. .V -.Ir . ~.I r:l ~illl 7•. ((1 rV .11 1 I.... ,..rl ::~ )~ r _~(., .'lli ~::: 'r1 -.... ~~~.... (rl :~ :~ -.j~'::: :I ... .'..... ., F._ ~( .... .. ~ :. :~ (! ~ ~~~ If~'I I.11 r(!1 .~..~::,' Ir II]' V.)Il... ~... LL:111~I I..G]';N'4. 11~ L~!..I'J',~ l,,] I. 'Y L.,LI I w I. ~.l ,.1 L.. II. 1., . 11 ,L....1.I I I11 V rl ,,.1 .I ~ L..II .r4, l ..I ~ I .L..l I I.... I . ,ll 11 I ,..L..I! l.U I . I. II ~~l w 1.1 II V...l II lE., i I, H,JI I ! .., 1. , .I L., .. , e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is an existing main in Locust Grove. Location of water: There are existing mains in Locust Grove, and McMillan. Issues or concerns: None. 2. Vegetation: There are some existing trees on the subject properties that should either be preserved or mitigated for. 3. Flood plain: N/A 4. Canals/Ditches Irrigation: There are some irrigation ditches that lie on or adjacent to this site. The North Slough Lateral bisects this site; the Applicant is proposing to cover this facility. The Shavrer Lateral lies along the east boundary of this site; the Applicant is proposing to cover this facility. The Settlers Canal currently lies on the south side of McMillan Road. However, ACRD is proposing to relocate the Settlers Canal to the north side of the roadway, abutting this site. Please see McMillan/Locust Grove Intersection in the Analysis section below for more information on the relocation of the Settlers Canal. 5. Hazards: N/A 6. Proposedl Zoning: C-C 7. Size of Property: 7.55 acres Summary of Proposed Streets and/or Access: The submitted Concept Map shows a full-access driveway on Locust Grove Road. ACHD has approved a full access to Locust Grove Road located 320 feet north of McMillan Road, but prohibited any driveway access to/from McMillan Road. Access to/from the site from McMillan will be provided from Beethoven Avenue located along the east property line (shared with Portico Place). A cross access easement should be created so that all of the lots in the development have access to the public street system. g. Landscaping: 1. Width of streett buffer(s): A twenty-five foot wide landscape buffer is required on Locust Grove Road an, arterial road. McMillan Road is also an arterial road, but is designated as an entryway corridor. By ordinance, a 35-foot wide landscape buffer is required along McMillan Roaci. 2. Width of buffers between land uses: A twenty-five foot wide land use buffer is required between C-C zoned properties (Applicant's requested zoning district) and residential properties. A twenty foot wide land use buffer is required between C-N zoned properties (Staffs recommended zoning district) and residential properties. There are residential properties to the north and east of the subject site. 3. Percentage of landscaped area: 25.8% 4. Other landscaping standards: UDC 11-3B-8 requires landscaping within and around pazking lots. The landscaping standards for parking lots will be applied as part of the issuance of a Certificate of Zoning Compliance permit (see Exhibit D, Development Agreement Provisions and Conditions of Approval). 7. COMMENTS MEETING Woodland Springs -CPA-07-014 / AZ-07-0'14 / PP-07-019 PAGE 5 ~ ~ ~ ~ ,....._ ; P.Y :r ,~ .'r ,.~ ..,~i .if ~,, a ' .li +,'"lf , y ..r :::a ,a';~r' • il, Ci.',1 .' 6y • p :CT 7 ii':P~~..,I ~,.., . , ..,~ ;, ....: i:, .:::: ,y .,,,...~. ~.... ..~ F~ ..,. „ ...:, _ , ~..., :a :::.. ,~ ,..~.., ,..,II1 ,.:I 1-11...l.Llf...l...II.I.I,...._IL. Lllc....llAl...l,,~..I,.IfI,LI,...II11.:.11.~...II IG.II..I ... N..I Ii..Ift.Its,LIfI~.,,..I,..I1,I...~l...~,LIL..t.an L.aN...l..lulW9tiL.kCr~,-ut., On October 12, 2007, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Drleridian Public Works Department, and the Sanitary Services Company. All of the received comrments are "standard" and have been included within this report (Exhibit D). 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, "Medium Density" areas provide for smaller lots forr residential purposes within City limits. Uses may include single-family homes at densities of three to eight dwelling units per acre. The Applicant is requesting a Map amendment to change the designation of this site to "Mixed Use -Community". Concurrently, annexation and zoning to the C-C zoning district is proposed and a four lot preliminary plat has been submitted. In Chapter VII of the Comprehensive Plan, the mixed use designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The Mixed Use -Community designation allows residential density between 3 a~:~d 15 dwelling units per acre, up to 200,000 square feet ofnon-residential building area, and is intended to allow a broad range of uses. Idaho Code 67-65013 states that "the plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component." Staff has reviewed the subject CPA, AZ and PP applications and offers the analysis and recommendations contained herein for the Commission and Council's consideration (Staff analysis in italics): • When the City established its Area of City Impact, it planned to provide City services to the subject propert)r. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer s expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed, the lands will be under the jurisdiction of the Meridian City Fire Department, ~vho currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lacnds currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) Woodland Springs -CPA-07-014 / AZ-07-014 / PP-07-019 PAGE 6 ~ « ~ ~ u:",I•T`"r' 9;iP^ i~r7a:? G~L.1.1:'ba./~i; ~,, ;:u ,a .I "~ ~.:, ..I,;:...a ti . ,~ •.. i ~' :, ~ .., ,,,.. , ,i :r:a .p :r :~~,... ,,....:: ~... ~„ .,...: i:r .: ,:; .i ; ,,, ..., .., ,a .. , :: ...:: ~~ :. ~'• ::: v 7 :r :., .7 •....., I I I L... ~. h I I N a., V.. L..I~ , ..I ~. C 1114..• I I .I .:, 11 .~ ~..I I. If ..ll...l 1.1 11 l I I L.I L, I L .I t.. II LL., P JI I,]I I I I,... L,i, , If IL.. L..I II I~..I ll...l .1....4~ N., G.,1~,. I ~., ...i,l~l.l On the submitted conceptual plan, the Applicant is proposing a single access to Locust Grove Road. ACHD hc~s approved one access to Locust Grove Road, and denied any driveway access to McMillan Road. The Applicant should improve Beethoven Avenue and use that as access to McMillan Road, bypassing the need for another access point to McMillan Road, an arterial street. • "Require appropriate landscape and street buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal N, Objective D, Action item 4) McMillan Road and Locust Grove Road are designated arterial streets. By City Ordinance, a 25 foot wide landscape buffer is required adjacent Locust Grove Road and a 35 foot wide landscape buffer is required along McMillan Road, an Entryway Corridor into the City. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D„ Action item 5) The Applicant is' proposing to install a landscape buffer adjacent to the residential uses to the north and east. i'n order to construct buildings on this site the Applicant will be required to construct and maintain both internal and perimeter landscaping. • "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 N, Goal I, Obj. A, #ti) This parcel is contiguous to the city. Sanitary sewer and water are available to this parcel. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal ] ,Objective B) Staff believes that the Applicant is proposing a variety of commercial and retail opportunities in this area. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (Chapter VII, Goal N, Objective C, Action 1) This policy touches on one of the primary objectives of zoning - to protect the public health and welfare. It .is the City's obligation to ensure existing properties (both county and city properties) are protected from harmful, disturbing or unnecessary encroachments. The Applicant is proposing a commercial zone adjacent to proposed and established residential areas. Staff finds that to protect the existing and planned single family homes to the north and east, less intense Map and zoning designations should be granted and certain restrictions on this development should be formulated. Staff has used the Concept Plan provided by the Applicant and the UDC as a base for a DA, which is detailed in the Analysis section below. • Mixed Use stand'.ards, pages 102 and 103, Chapter VII: Purpose Statement: The purpose of the MU designation on the Future Land Use Map is to identify key areas which are either infil] in nature or situated in highly visible or transitioning arE;as of the city where innovative and flexible design opportunities are encouraged. Woodland Springs -CPA-07-0141 AZ-07-014 / PP-07-019 PAGE 7 • ~ i • t;9T".~' 9:11:: 1'~,41;I::;l~l'..I'l::Ua?!i,a'~d ;P'I:.,,,!~~,:I"JP'~dal''d4::ii 1f.:Uaal:'li.:f?..,w ,c,,,.l..., i,., ~i.•:: r, :, :u~..,~ .,..... ,~...i~,{, .....: ~ .::: ~:~ ,. ,.., .., ~:~,......:r ....:ri..,~_ i ... .,, ... n I , i ,III llil..l .I .. ll, i..l. 161.1..,.1 {..1{l,.I l ..,LI,. 11111E ~ LL.., ~.ll.Jldl..~ l.,i. X1.1.., 4J 11 L..~1f..L..J...1~~41N:4~:.1a,. 1§, X4111, The highly visiihle location of this property, at the corner of McMillan and Locust Grove Roads, makes it a good candidate for a quality mixed use development. Fourth Bullet, bottom of page 102: In developments where multiple commercial and or office building are proposed ,the buildings should be arranged to create some form of common usable area sucYt as a plaza or green space. On the conceptual development plan provided by the Applicant a substantial outdoor patio area/plaza is shown just north of the proposed convenience store. There is a trellis structure, a picnic table and trees shown on the plaza. This area should act as a true gathering place for pedestrians and users of the development. Fifth Bullet, bottom of page 102: Where the project is developed adjacent to low or medium density residentiial uses, a transitional use is encouraged. The Applicant is proposing amulti-tenant medical/dental/professional office building and a multi-tenant retail building next to residential uses. Staff is supportive of the proposed uses, provided that full compliance with the UDC requirements and the proposed DA are complied With. Sixth Bullet, top of page 103: A mixed use project shall include a principal use (retail, office, professional or residential) and at least one other type of land use. Exceptions may be granted from smaller site on a case-by-case basis. Staff is supportive of the proposed mix of retail/commercial and professional offices on this sire. Eighth Bullet, stop of page 103: All mixed use projects shall be directly accessible to neighborhoods within the section by both vehicles and pedestrians. The conceptual plan provided by the Applicant shows excellent connectivity between the residences and businesses as well as from the adjacent sidewalks on the streets. Staff finds that the subject 7.5 acres has frontage on two arterial streets, McMillan Road and Locust Grove Road, a highly visible intersection. However, Staff believes that the requested Comprehensive Plan designation to Mixed -Use Community and the C-C zoning designation for the entire site is too intense for this property. Staff believes that this site relates better to the neighborhood concepts of the Comprehensive Plan and should be designated accordingly. Staff recommends that the entire site be designated Mixed-Use Neighborhood and be annexed with a C-N (Neighborhood Business District) zoning designation. Staff finds that the C-N zoning district and ~llixed Use -Neighborhood Map designations provide a better transitional zone/designation to/from the adjacent residential uses. Staff' recommends that the Commission and Council rely on Staff's analysis, other agency/department comments, and any other comments received regarding the Map designation and zoning district for this site. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists the pemutted, accessory, and conditional uses in the C-N and C-C zoning districts. Personal and Professional Services and retail stores are listed as principally permitted uses in the C-N district. Fuel Sales Facilities require conditional use permit approval in the C-N district (in the proposed C-C district they are principally permitted.) There is a maximum building size in the C-N district of 7,500 feet woodland Springs -CPA-07-014 / AZ-07-014 / PP-07-019 PAGE 8 ~ ~ ~ ~ u:: l i ~ u.r;r~ ~ n ~~:.1 ~l. wl i r;~ii..,.r~~ ~ l l il~l,~ r, ~ ~::;•r::a~~.~~~~,r~,. i,~ ~u..l~,rr .~rr,~r,i~~i~~ ~i~,.a~:.r:~~::n~a.~.l 1 ~.riz. r•i;~l~: u-1 r::,~a.h rl~~d~,:t~ l r,~~,.lrt_ ur Lll^.d'.;E I~~V ~ h: l~. 1 ~;, xao ~~ before administrative design review is required. Due to the size of the proposed buildings and their location on an Entryway Corridor (McMillan Road), design review will be required for all of the buildings on this site. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: CPA and AZ Applications; Idaho's counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and update .a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spelt out how these policies are to be achieved. Community design, population, economic development, housing, public services, school facilities, transportation, natural resources, special areas, hazardous areas, recreation, land use, implementation, and property rights were all evaluated by Staff with the subject CPA application. No detrimental impacts to the Plan are to be found if the subject CPA is approved. The Applicant is proposing to amend the Comprehensive Plan Future Land Use Map designation of "Medium Density Residential" for this property to a mixed use designation in order to construct three commercial buildings on the site. Staff believes that a Map designation of Mixed Use -Neighborhood and a zoning designation to C-N is appropriate, and in the best interest of the City, for the subject 7.5 acre site. Please see Section 8 above and the Findings in Exhibit C below for Staff's analysis regarding the CPA amendment. The annexation and zoning legal description prepared by Jeremiah B. Fielding, PLS, dated September 6, 2007 and submitted with the application, is accurate and meets the requirements of the City of Meridian. and State Tax Commission. Development Agreement (DA): UDC 11-58-3D2 provides the Planning & Zoning Commission and City Council with the authority to require a property owner to enter into a DA with the City of Meridian that many require some written commitment for all future uses. Due to the highly visible location of talus site, and its relation to residential uses, Staff believes that a DA is necessary in this instance. 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. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the provisions listed in Exhibit D of the Staff Report and be approved by the (:ounci] within 6 months. Concept Plan: The Applicant has submitted a concept plan for this site. Three buildings are shown on the plan prepared by Advantage Architecture. Staff is generally supportive of the Woodland Springs -CPA-07-014 / AZ-07-014 / PP-07-019 PAGE 9 i • ~~..l1 I ~.~1~:: ~'1111J N~.NN..b.!ll. ! ~.1 ~..: J"1I 4~! ~.1.! i~~.J 1~.~~1:, 1)i II.N'4 l11 I:1...,~VlN 11! „~16 !"~' Nti N.s.l11~.,~ll+.~lf I'~f..l N~;. 7'LN N: f9N..~I'ir.l!'~.N1l~.:I'.!_,~.l.ll.:! IL, ~~..,~N' l.~LL.:.4.. l~.llbl!!![.l1 U:: A`.. !~, ~I~l~I1 submitted conceptual site plan for this property. All parking areas, drive aisles, landscaping, sidewalks, lighting, signage, building height and building setbacks for this development should comply with the applicable provisions set forth in the Unified Development Code. NOTE: The proposed convenience store/fuel station will require CUP approval and all buildings will require future CZC and DR approval (see below for additional analysis). Access: McMillan Road and Locust Grove Road are both classified as arterial roadways. The City typically tries to limit the number of access points to arterial streets. Except for one full- access to Locust Grove Road and the shared public street to McMillan Road at the east boundary (Beethoven Street), no other access points to Locust Grove Road or McMillan Road should be allowed with development of the subject property. Amenities: The Applicant has shown a plaza area near the center of the development. This plaza area contains a trellis structure, a picnic table and landscaping. Staff is generally supportive of this amenity, and is requiring such as a provision of the DA. However, the details of the plaza area should be worked out with the CUP for the future convenience store/fuel station. The Applicant is proposing to construct some benches in front of the professional office building on Lot 4. Staff is supportive of this amenity. The Applicant has done a great job of proposing pedestrian connections between the propsed development and the adjacent residential uses and sidewalks. The pedestrian walks should be constructed as shown on the concept plan. (NOTE: The Applicant has shown a pedestrian access from the sidewalk on McMillan Road to the convenience store. This connection may not be possible due to the relocation of the Settlers Canal and the canal remaining open. Therefore, this connection should not be required. However, in accordance with the DR requirements of the UDC, the Applicant should construct a pedestrian walkway from the Locust Grove Road sidewalk to the convenience store entrance.) Landscaping: See PP Application analysis below. Hours of Operation: In the Applicant's submittal letter and application, hours of operation for the proposed development are not addressed. Due to the close proximity of residential uses and consistent with previous Commission and Council action, Staff is recommending that the hours of operation :for the professional office and multi-tenant retail businesses on this site be limited through a Development Agreement from 6 am to 11 pm. Further, because there are potential loading areas and trash compactors on the north and east sides of the buildings, deliveries and trash compaction shall also be prohibited between 11 pm and 6 am for these sites. Schedule of Use Control: UDC 11-2B-2 lists uses that are principal permitted (P), accessory (A), conditional (C), or prohibited (-) within the commercial zoning districts. The proposed offices and multi-tenant commercial building to be located on-site are principally permitted within the C- Ndistrict. However, the proposed fuel sales facility requires CUP approval in the C-N district. A separate CUP application should be submitted for any fuel station on this site (or any other use that requires CUP approval). (See UDC Table 11-2B-2 for a complete list of allowed and conditionally allowed uses in the C-N zone.) Design Review and Certificate of Zoning Compliance (CZC): According to the UDC, no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a certificate of zoning compliance (CZC) issued by the Administrator. A certificate of zoning compliance shall be issued Woodland Springs -CPA-07-0'14 / AZ-07-0.14 / PP-07-019 PAGE ) 0 ~ ~ ~ ~ C: i~';f'1i iJF' Iti 1 1. I .I`.C) ll, 4.1 II ;I' l:. '4:1 I . f I ! ~L:il 1C:Lf::.P',' ~~ f i, I110 11,:1'~d1f 'a I ~ ~~:I I' L' I II't_a E2.'V 14 „I Ibl ' I'}~ I L, I I I . ~ ~.ild,'l l'rd f: i 'I:.~ ~ ~~~ 1 L., 1.1 li I:.I h.a. I .IV q. Il:f I I! I ? , ~! la I:P"! only in conformity with the provisions of this Title and shall be required before the issuance of a building permit. There are three buildings proposed for this site. Because the buildings either exceed 7,500 square feet (the threshold for not being subject to DR in the C-N district) and/or are located along McMillan Road (an Entryway Corridor), all of the buildings on this site should be subject to design review acid approval (see UDC Table 11-2B-3). The Applicant shall be responsible to obtain DR and CZC permits from the Planning Department for all new construction on the site prior to issuance o1` building permits. Building Elevations/Sizes: As stated earlier, there are three buildings proposed on this site. The first building is a 4,400 square foot convenience store/fuel station. The second building is a 10.,000 square foot professional office building. The third building is a 32,400 square foot multi-tenant commercial building. The Applicant has also submitted conceptual building elevations for the proposed buildings and these are included in Exhibit C of this Staff report. Staff is generally supportive of the proposed building sizes, facades and proposed construction materials (cultured stone, faux timbers and beams, stucco and stucco accents, and metal standing seam roofing). Staff is proposing that the future buildings on this site be limited to the square footages shown on the concept plan and be subject to the construction materials proposed. Staff is also generally supportive of the appearance and bulk of the proposed buildings. However, Staff has not reviewed these buildings for full compliance with all of the Design Review standards. All buildings on this site should substantially comply with the square footages, materials and elevations proposed, subject to full compliance with future Design Review. Approval of the subject CPA and AZ applications would allow the Applicant to obtain a commercial zo~ung district. The Applicant has submitted a conceptual site plan showing how this site may redevelop with buildings, parking and landscaping. Based on the policies and goals containeii in the Comprehensive Plan and the general compliance of the proposed concept plan with the UDC, Staff believes that designating this site for Mixed Use - Neighborhood ;and zoning this site to C-N is in the best interest of the City. Please see Exhibit B for detailed analysis of facts and findings. PP Application: Access: The developer of Portico Place, just east of the subject site, was required to construct Beethoven Avenue, a public street, on the shared property line. The subject Applicant should be required to finish off the remaining improvements on the west side of Beethoven Avenue and use that road as access to McMillan Road. The Applicant is proposing afull-access to Locust Grove Road located approximately 360-feet north of McMillan Road. Except for the driveway to Locust Grove Road, a note shall be placed on the final plat prohibiting direct lot access to McMillan Road and Locust Grove Road. (See ACRD Site Specific Conditions of Approval in Exhibit D). Because there are limited access points to/from the public roadway system, Staff recommends that cross access be provided to each of the proposed lots. Said cross access shall either be created on the face of the final plat and/or through some other recorded document. McMillan/Locust Grove Road Intersection: ACI-1D has the re-construction of the McMillan/Locust Girove intersection programmed for 2012 (there is an option to install an interim signal at this intersection in the nearer future). Although the exact (ultimate) improvements are Woodland Springs -CPA-07-014 / AZ-07-014 / PP-07-01'9 PAGE 1 1 ~ '~ 1 • I:::1,1 a C.'~}• lilllf:.l,f1~111,~~' ~ lf'I:..;~'i,l II III~;Ii';::i~ 1:111':P~'~,:fIL"61' 1:11.. I1' :r 1, ~~.Ihk' I+;:L:.F'~,.,PFI,1' 1'~;:-Pti ':I"l ill Lid:,~!~li+..VIl4.a 1_N;ti~T'I':,~1E~ 'f.:~L.1..:1,IVILiI•Ifd, bH; i!1:1iI:IT not known at this time, ACRD has narrowed down the options. The designs for the intersection require the subject Applicant to dedicate a 41 foot right-of--way in front of their site on McMillan Road, with a 30 foot canal easement (the Settlers Canal is moving from its current location on the south side of McMillan Road to the north). Along Locust Grove Road, ACHD is requiring a 35- foot wide right-of--way. The site plan and preliminary plat reflect the appropriate right-of--way widths and easements. As noted in the landscaping requirements below, the Applicant is also proposing landscaping consistent with ACHD's need for right-of-way and the City's requirements for landscaping. (See ACHD Site Specific Conditions of Approval in Exhibit D). Landscaping: Locust Grove Road and McMillan Road are classified arterial roadways; McMillan Road is also designated as an Entryway Corridor. A 25-foot wide landscape buffer is required adjacent to arterial roadways and a 35-foot wide landscape buffer is required adjacent to Entryway Corridors (UDC Table I 1-2B-3). The Applicant is proposing a 25-foot wide landscape buffer along Locust Grove Road and a 38-foot wide landscape buffer along McMillan Road (30 of the 38 feet are encumbered by a future canal easement). Staff is generally supportive of the landscaping along the arterial streets with one comment: Staff recommends that some low-lying shrubs be added toy the landscape buffer, including within the canal easement, as allowed by Settlers Irrigation :District. There are some existing trees on this site. Any existing, on-site tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The Applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department, for any trees that will be removed. If the subject annexation and zoning application is approved, commercially-zoned property will be adjacent to residential properties to the north and east. To buffer the existing land uses to the north and east from future commercial (C-I~ uses on this site, a minimum 20-foot wide landscape buffer should be installed (UDC Table 11-2B-3). All landscape materials should be installed in accordance with UL)C 11-3B-9 and create a barrier where the trees touch at the time of maturity. The submitted landscape plan fails to show landscaping within the parking lot and other common use areas. Particularly trees and other landscape materials should be installed within and at the ends of all the parking islands. Further, with the future CZC/DR/CUP applications, landscaping details should be shown for the plaza area near the center of the development. All internal and parking lot landscaping should be installed in accordance with UDC 11-3B-8. Existing Structurels: The site currently contains some existing structures. Because the existing structures are approved for residential uses and not commercial, they should be removed prior to the City Engineer's signature on the final plat. Fencing: The Applicant is not proposing/showing any new fencing on any of the submitted plans. Permanent fencing is not required for commercial subdivisions. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit for this site. Staff recommends that the Applicant, at the public hearing, tesltify as to whether any permanent fencing will be installed on this site. Ditches, Laterals, and Canals: The North Slough Lateral and the Shavrer Lateral run through/along this property. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. (NOTE: ACHD is proposing to move the Settlers Canal to the north side of McMillan Road, abutting the subject site. Settlers Imgation District is Woodland Springs -CPA-07-014 / AZ-07-014 / PP-07-019 PAGE 12 __._._ . • ~ r .... ... .. ...I. N.V ,:U.. y.~ .~1 ... ~..., ., li ,.., 11..::i y~.,•,, ~I~.... 1~1 ~:~':~ ':'1 ::; :I~r.~ „1 ... .. I...1_1i ,...~ ~ f:. ':. :~ 1! 1' '~01~~~ ~II I!1 .... ::; I...I::; "~~ :; ~~"'~ ~'-Ili ::I~i ::;,i,l~ I i ~. !.llly..~ C IT`a C)1• Iti V H.1. I.I L.LLr 1, l d I L. ,~ 1.1,11 d l N i,.11 L;I'I-.I' .~ e IG, 11 .I1~ l l .1. ~ I, ..~ I , .,I .I L~,.L.af l..i I. ~, II ]I L. 1,. ,I .I li 1,.. 11111..,.1 el....II I. I I,.,. ]L. ~ , I I . L.. I. ll.. L. L..I .I L. L...I ,. .I , , . requiring this facility to be left open after relocation. Therefore, the Applicant should not be required by the City to cover the relocated Settlers Canal.) Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The Applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle- point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Staff Recommendation: Staff is recommending approval of Woodland Springs (CPA-07- 014/AZ-07-014/PP-07-f119), with a Map designation of Mixed Use -Neighborhood (not Mixed Use -Community) ands a C-N zoning district (not C-C). See the analysis in Sections 8, 9 and 10 and the Findings listed in Exhibit B of this Staff report. On November 1S`, 2007, the Meridian Planning & Zoning Commission voted to recommend approval of the subiect applications. 9,1 December 20 2007,E€1l~lexidian .itv .ounc'1 voted to annrov j~ct annLications with a ('omnrehensive Plan M[aR designation of Mixed Use - NeiQhbo hood and zoning of C-l~I. 11. EXHIBITS A. Legal Description B. Required Findings from Unified Development Code C. Concept Plan, Preliminary Plat, Elevations, and Landscape Plan D. Development Agzeement Provisions and Conditions of Approval Woodland Springs -CPA-o7-0'14 ! AZ-07-014 / PP-07-O l9 PAGE l 3 • ~ 1 • l')[']""Y' t7F' I'vGl,.:7+.LL.ill,'4:h~d II'' I:..r~1+,l1" 71 ~i,.~ I:}7..:1.'.4 fl,'I 1471.1 J L '~~~'l h&'Y~ }~ 1 n'~~~1'~"II' 7~4:;if+, `I"f•Iltii I. IlE ~~~ II~I'.III'' ~, 14~~`I`t I Il! I f::;lE:l,161,1,,1 Pi.:f~'y' ~, 'yi.Yl'lfi Exhibit A -Legal Description ~r~orocRai~uc wNn aLT.q sQRVSVs CONSTRUCTION STA84I0 .land Surveying, ~fiC. 3DSCANNUdd 1121 E. State Street Sult@ 195 Eagle, tdoho 85616 office: 1.288-939.7373 fdx: 1-298.989.7821 .Job No. 07109 J.B.F. & t 6-OT BQUNDARY DBSCRIPTIOIV FOR WOODLAND SPRINGS St.TBDIVISIOIV Pmt of the. Soudltwest 1/4 of the So~west I/4'of 5ection'29, Township. 4 IJortti, ]range 1 East.of tlae:7BOise ]Vleridien, Ada to~mty, Idaho descn'bed as: Beginning at ttie Southwcst.wmec ofSec@oa 29. Toavnstup:4 North, Range 1 lEasi of the $oise Meridian, Aiia.Couaty,ldahoanti nta~ing thence NQO°ZS'22"E 663•:0,4 feet:along the Wesf.liae:o~f said Section; tbenoeS8q°2U'43"E SQfi.19 thence 302°12'41°W 664.43 feetto a point on the Sorrth Iine of said Section; tizence N739. °l2"28"W 4$5.46 feet along-said South lins.,of the Point of Beginning. Parce! 7.55 acres: REVI P VAt. BY: ~ ~~ ~~tA~ MERID~AS DgPT C tNORII 4 1 Exhibit A -Page 1 ~ ~ 1 • ., .....~, ~. ,..., , .....~ ... , ei., .,1..,,, ;..i ~•'~' ~' :a ~:, .~,,._,1 . ., _, ~y.... ~i l:•r:::;I ::~ :r~~~y:;~•., :ril:':11R....,...,Il:. Hllf:i;~'!~.N~LIA''d I::i :1~;~1'~i"If lf:': f,.:PIF' I'E'n'Ii~,.GiAkt1'' `L. 2fYU6 ~;.:]'I .r ~.1h~ .ti-1}:.k~,.tl..IQ.,:+,,.h~d U L.., ...I Il LI I .., 6.1.1...1. , ...I,.61 LK...I I ,I ..: II; ,.. I L .L..lf .. I. h 11 I I 5~' Exhibit A -Page 2 BYE ~~ ~ r ~4~~ Mwoaxs:PO pTia ^ __ _ ~ ~ ~ r r , , ,I I 1 r 1.. i 11 1, ~If,.l'lUl~r C;1"I"Y Q)Y' ~1tl k..kl'.11-..Uf.,~'~,:1J I'11.. ir'LI''J! I11 lQ.u I;:Ut..I. ; 4Jl:'I"lvl.V:i.l'~,I'1" S'Y,! I:I I ,fl;If::'I I::11{•,.':I' ]I'f.:Cfl, "I"1h•IT:. If1I ~}Y.:I':I' II , I I r.L I~'F'. ~:~Y' }' f:::IIa1E~,If_1', I,f',.'~ B. Required Findings from Unified Development Code Comprehensive Plan Amendment 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: 1. The proposed oimendment is consistent with the other elements of the Comprehensive Plan. If the designation for this property is Mixed Use -Neighborhood and not Mixed Use - Community as proposed by the Applicant, the Council finds that the change to the Future Land Use Map does not directly conflict with other elements of the Comprehensive Plan. The Council recognizes the flexibility in the Comprehensive Plan especially with regard to mixed use projects. 2. The proposed .amendment provides an improved guide to future growth and development of the city. The Council finds that a modification to the Future Land Use Map will increase the ability for innovative design in this highly visible area of the City. The Council believes that allowing for mixed use projects to locate in this area will improve the growth pattern in this area. 3. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan and the Comprehensive Plan Land Use Map. The Council finds that an amendment to Mixed Use -Neighborhood for this property is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan. The Council recognizes the existence of the Neighborhood Center in close proximity (on Locust Grove between McMillan and Ustick) to this site and believes that the two mixed use designations can coexist. 4. The proposed amendment is consistent with the Unified Development Code. The Council finds that the proposed amendment is consistent with the Unified Development Code; all subsequent development applications on this site shall comply with the UDC. 5. The proposed amendment is in the best interest of the City of Meridian. The Council funds that an amendment to the Map to Mixed Use -Neighborhood is in the best interest of the City. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map ammendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to zone all of the subject property to C-C. The Council finds that the proposed zoning map amendment does not comply with the applicable provisions of the Comprehensive Plan. Staff and the Council is approving a C-N zoning designation for this site. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Exhibit B -Page 1 ~ ~ • ~C'I'1'"'u' ~)'N' i~~il_.~'~llll:7~L~~'eI'd l"ll..,~~'~:I'~l'P~~I]fli'~~Ci ,I~:~IEaf'~~'~Y~k"I'IhfL..l! I 'i~T~'ulflf' Ifi;.,l:.a'C}lP'1' F'L..UI~, IIIlII_; I4I ~~41f~1.a:l~fit i I~f~.71.-~ 4:;~I°' 11';f:;Ifl I,I;:yld;'yi !. 2„~1{Vti Report for more information. Z. The map amendment complies with the regulations outlined for the proposed district, spe~eifically the purpose statement; The Council fmds that professional offices, retail uses and medical clinics would be permitted uses within the C-N and C-C districts. There are several uses in the C-N district that can occur with conditional use permit approval, including fuel stations. The Council finds that future development of this property should comply with the established regulations and purpose statement of the C-N district, if the DA provisions are adhered to. 3. The map arnendment shall not be materially detrimental to the public health, safety, and welfare; The Council. finds that a zoning amendment to C-N 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 detemuning this finding. 4. The map arnendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, taut not limited to, school districts; and, The Councill finds that a zoning amendment to C-N for this site will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexaition is in the best of interest of the City (UDC 11-SB-3.E). The Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, the Council finds that Annexation and Zoning of this property to C-N would be in the best interest of the City, if the Applicant enters into Development Agreement (DA) with the City, as mentioned in the Staff Report. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. 2. 3. Exhibit B -Page 2 The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. The Council supports the proposed plat layout, with recommended changes, as; they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council fmds that public services can be made available to accommodate the proposed development. (See Exhibit D of the Staff Report for more details from public service providers.) The plat is~ in conformance with scheduled public improvements in accord with the ~ ~ ~ ~ ,. ,,•,I,. ,..._. ,, _,.,...,. ,,' I II :I.,,, ,,,i..,...,..,..1 ll ~.I....,,I,'::,., .... c,,~ll ::':.;,.,.li,...,ll... ..,I.,1 .. ..l°:..!~I I,[Cl:li:..ll I:..I~.l"I.~'1... i..k} I, lf.:.l.J,l+,.l...~i'4_Id;li~ ~~ .7Ul.hil.l l_. V B , l..U H IW L IE }~I L71., t 1J 11L..1.~:.1 ~: I :I ll li : L... L:i F...I , I, I,e..I ,~ I,I L.. I I l ,., .I . r,.l. II .I I,..L. l LI ,. L' 1f' C I If 11 I Ii ;I If . L.I .. City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the; Council finds that the subdivision will not require the expenditure of capital improvement: funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit D for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to detemune whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff is unaware. 6. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic, or historic features on this site. Therefore, the Council :finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Staff is unaware. Exhibit B -Page 3 .... __ c::~ r~ti- ~:~F n~>=,r~rca~~,~~l.r~a .rlr.l~:r~,u~rri ia.;~ r.::,~r::.i~.,l~.:r~;~;~ rlo,if r i,i ,,;,•i~ II i;i i;:a:;Ell::vr ~;.;r r~~, ui, i i-rr; ~~~ ~4r~;rr~~ir,:, i.a,lal r r~ ,r ~i. ii ~ ~i~ra.,,.~,a~r~,.~r z, 2,.~t3~ C. Concept Plan, Preliminary Plat, Elevations, and Landscape Plan Concept Plan a_ wroai'rmmeiaN ss9unw ~- '~ ~~~! ,3 ; e~~ iNV10R13W'i0 SG131dNMONe 11~ ~ . ~'~ DNIQ71f1A-S~113-LLSOne 9 57110M1M0 M3N b ?vLwr_. III~~ ~ .d ~~~ ~• :{ .n it ~I n p i~;_m :eZ~~s ~Q,~ ~ ~ 20O L li~ ;I ~ ~ ~ ,~ d~ a I I g N^, i ~CAv ... pc 0 61S ` ~` '. ',':If •1:f•:.il, ~TI'~l.af •1l'w 4V -i 1 P ~ '® ~ '~k~ ~ i I /~ [T, ~ -- -- _ -, ~ ~ I ~~ i ~~ t,---' ---=----------- --~--- e cl~ ~ , ~~ e Py~ly ~ $ ~YYj~ i e'er ~ ~E .a.aII'3. 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'•. i. ,... ,. _ .................................................. 1 ~i`Il,a ~-- .• lNG ~EPP.1zTMEN~ ~F1ti~?1' .lf~,r;f?l;:64~'1` l'f`r OF ME~~IAN PLAN Plat ~ " pcelit-tinarY ,~•q ~ ss { ~ ~, e ~ iy48 ~ ~ ~ , .~ ~~ ~\<4t3it 9~1, 1 \~ ~be y l b3 `! f~ ~~ ~~ 4E ~t t~ d ~ ~ E ~. g~9{4, 1~ y~y.}y)'r .~ y~' i5 `Y'-~'.S `~'4)t4ta5~y.~.'~i ~. ti~t~ ~'~~'~ ~"`S'~y t !4. ~i. , ~" \C_Q ,r['..,:."' ~.~ -~' ~ ~ s• ~y)i~y9iSit;^ ! ~ i '~ 5s 1~ ~ 1~ t" ~~g~F { ~ I! ~j'` o Y 7'~3~ Y y~ ~ ,a '~ tl~~;~'~ ~ 5~ ~ q ~~ ~ 1 ,} ~ ,•e b OR V x.~^~ x ~.., ~~ a~ e ~ \e '~{d i ~~altt~ ~ ~~F. u1 ~~~ 1~ ~ i 1s`°o~ i t 1 3".?al ~i1 a~ ~- ~. ~'~ ~.. y ALk~41<i6'.Ej ia~~ ~ ~aa .3 1~ • ~ ` j ~'1• ~ J , p~. ~i1 i 111''4, 1~r ~ ,~ i r t*~• i ~-' `1 1 fir . -.~` , _.r Ft ~ ,r..~..+~' ~- • a ~,, ,,~-_-~"=-- •. , x~.== - cif 1 ~ ~ .~- .: ~y -- Exhibit C Page 2 • ~ • ,.., . . ~...:, ~;-:a :p -i. ,.,ti ., ,.,I_,,~ ,',yid."i ";I:::,If''.~~~+.E~L"11";:vuTia,~J"1" ~,I11".i~!i,.F'1:= REPORT Eal'~r'+, .ILH..Yf:~ 7-I:Ia;~~.:f1;:fi!'~;ICi [:I~sM,'ICIf:~ I::Uf: ~:::IE':if::6'@'I:,I,r~,.:fl;''u' ~!.,, ~!l':bl:hFi ~u.l C4 l.J p .L .11.11 ,.H 9.J 1, ti l l H 11..,, :,1 1111,. ,...L. L.. Elevations ~ g'_. ~OMtiGI ~.T _... NVIOItl3W iPa ~,`.'. ~I .I :;~~ '~~il'N1111]f1.tLLSNb] NtlDUOq ='tl30VNYPl NOWf1M1S,N0] L~ifOtlA ~' ``I{!I =5~ '~NI1N3Wd073A30:N`if9110W ~~' 1~If~ 1'` 1N31WdOl3YA3O 3SA 03XIW SOHIMdS ONV1000M a7raNV ,- ~~~~~ ~ ~€ . i ~ '. ~1 '~I 4 ~ 1 v 1 7 7 f r 1 ti: `i O ! Y Q ~~ ~:~~- .. ,.. ,, r ~} ;- q ~~ ~.. 1' `' 4 1~ • ~ .~ I~ ,. . v ~ . ` ~~ ., I. Y' •;o ' _~ t ~x ~ °~ . ' ~. ~ i ~ a 'eaw~ "~: I Exhibit C -Page 3 • . ~ ,~ , .~, ~ ~ ,, ,~~r ~ .~ ,., ::f:? ,,i ' ~ " " y,, ,:, ,,, ~~" ?:;,' " x'4.11' .i ~ I ~I:.I ~i lf' ~f.:U lr.`II` f~ C11f 1'. 'f If-l ;fas 11-1: f a: ~ ~~.:P;.:11I'~~f (:i f..;~; ~~i'f Nt 4;71I' lf' :f as if+, 4_f.i~~~l•2: wi` 2, '? C~C16 f :1 ~T °r' C F' ~-1 E' Gt.C f i.l,~ ~, I I I L.,, ._I I i . I. I I ti.., 1..1.1..1.....1 ,. If I I. I,....I I ,I :. 11, '~NI 1N3WdOl3A30 Ntl~J~lOW 1N3WdOl3A3O 3SIi Q3XIW S'JNIMdS ONV1000M O 1 c :T:~ ~, Exhibit C -Page 4 r'; .u -_ ., , ..~ ra i ,. ~i y~• h. L.! ~, ~., ......... . ..__-_--_ _ .............. r~~~ ,~~~, ~1,1i. ......., ,`~~` PLANNINGDe,PP~ix.'V1~,i6F~lw'~ ~'CEa'l`~' ~ ,A MER]D1AN _ a3so~anu° ~'~"~'~ i1Y'lE a r ~~aw'a~' ~~ .g 1fd~a i~~wa~ S tl3 ~~tlpg1 Exhibit C -page` 5 • d::'I -..h~' t'.}'~' p,1}~:Fi:71 ll ~~~'~;' 11':I ~ 11;I'P~d';Ityil;i ]~~~Iaf~ d~i,I'r~.ll'1'~+11:f::.l''~I"[ .•.."(ANE'' i'{EPC:AA;'lf If'G YI~~, ]I.I I L., I I I.~a1~I'd1f'~i~;::i~ I[.:D.r~~i,']I"I~: C;fil' I F:Ia I+".'l.J:~~.P.Y 2, 2U06 1N3Wd013A3a 3~1~30'8 1IV13~! SliO'~ ,l~\ir~3l Exhibit C -Page 6 C: I'C'r` l}F M L-! Nt,l f:bJ,"~ I'~d J'L,~.hJ C'til l I' d 4;::i If.:a F: V' i~~~; li+.'I ,e I J...1 !':f ;..~ J . •4F 1:• f ~llfaf' 4:;I Ihl.'1 I L.,I;I 1, ' C lf~ [ L. II LL. ,'i.:F' LJ I I u I:;P,:4 If V" I h1' [ } 11 a -~k G..I ~~, C~.'',' 2, 2 016 I. ~ -_ _ - ..; _ - _ i -- --- ~ -- . t , k. ~; . ~. _m ~ ~ -•r ~ Vii' =i ..~ ~ . ,, ` ~ B o 0 -~- ti o ~I ,, a -- :_ v' A. d ., a, o n N R ' .. ~3 0 o 4 0 ~° ,- , , - _ --- Exhibit C -Page 7 _. • _ • • ...~.~....i~I,..I.:"Ili ~::.:~i.....I. LI '~ }.. .~~. ,_,4f...~...,~:.':I.~i'.~.....1,..,.y.,...,.,~,...,~il:~~::.j~::~~J ~r.•~. 4... I. Q .i ...1 I I If IL.. l ~_I L., L , ~~ ~ 1..11... hJ J . ~ 1. i ,i_J(...I .. JI ~ I 1 i 1 E.. w I, ~..i II , ..11 .I 11... 6 ~..I .I ,~i...,,~I,~.l'_~i...~'I..i::~:..I:.i~1;~1...~I~I 'I A..~~t~~....I::'~1 ~.' ,. I I~ ....I . ,1,111.., I V L...r w.L ..IJ .., . ~ J .., .. I II~I("_, ~ AL Il r? s7.V~~':~I Ja l~ U ~ . 'p , Landscape Plan "'-' o vai ' vioiaau ~~~~ ; gt ' ~ '~ li i ~~ ~, { riif '~it ~.?~ . ~f ~I. 11} ~ ~~ f.Yc~ ~ r ~ t~ B t ~ ~tiY~ ~ ~;. Vii. ~j t J ° o~ iii c ~~ 9io ~ 9't Il ~.~', ~ r s ~~ ~ ~ ' ti ~i, ,~ ~i, ~ ; i ~ ~~ji , ~ 0 i. t ~ ~r ~ j9s t f' ~ 3 r~i ~ ~ ~~ r r Fj~ !} ~ F ~ E i E~l~~ a j]i } I ~ E ~ e ~Ei t ~ { ~ ~Q{. ~ i~f i{ EE ~ t ~ r ~i.e i ~ ~A +~ t~t,,t ~i ~ ii~` o t ~;;, ~ 'i~ 7`i~ f F I ! ~ ,~ EiE! ~; ~:: r~ Il~EEQ : ~ ~ ~ 99 ..e r ., a • ,~~ ~yf. i:ti~:~ }~ ~; °Y. i'•f t. ~~:~ ~~.I'~ry`'~~. ~i~ V'r ~ i+~.~'ti~ f,'.~. i.` ~ ~ r ~ ~ ~ ~ ;Q ti~~- pr -~ ;.i~ ~ '+';~ :~7 _ r ,. r m ~ ~ r ~ ~ - ~ iLv i . - ~ r. ; _ p ,~' ~ ~,. ~ R :. Q r'~„ r . 1 _ ~ _j #,e ~ ~ L~-r _. ..._. __ ____ _._; d ~ i t ~:. f ~ ~ ~ ~r ~ 3:;i R ~ ~ ~ ~, ..~ - .. e r ~~ z ~' d ~ t s i4et("~ .t' `?.*" 'i ~1 ~~1~ ~ s ~ ~ J ~ :•sc „i :r ~; i~. _~. ,1`~~~~ t S G` ~• ~1>'li~ »e~rr:i'.4 Y~~ s'~ c.. AB . ~R' ~~ A u~..• aaaa xaaa O ' . : g FD ", . i ~~ ~ S ~4 6~~ ~~ ~ ~ r~ ~ i1 ~ys~~ ~~~~~Q c~ssaa~~4 ~~1 49~ ~~~.~~t. e~ - @ ~t3 ~~ 0 3 j 3 @ gss ~~~~ ~ s ~(T@ E ~ 6 $~~~c6~~o l~.i§~.~ :§~9a~~ e C~~ o ~ ~~ Exhibit C -Page 8 ~ i ,, ~ ,.,.~,.,,..~ ... .r ..y e"+, k. 4. ~ ..~ i,.., ...I;;:~,~. ,....,,..a:fi.l'~d'T'~'1":~'tJf~lf~ I'!.:I:::fy:::bl~,'J;"1rCUf~!."II'':I-!!I~.}dllEi}~i,.li+.Ill"d4:ilf:U,,y.a":I:I:UhM't::;ETY'L.iA,.IF!:'1i !.,ttlli~(i {.. I .I :: {.k~ 1v1 I;x>F.- l.. [ ~ ti.r. I & L.., ~..I .1''J J I I ,, L.. ~..J ~'eJ ..I .I .. D. Development Agreement Provisions and Conditions of Approval Development Agreement Provisions Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of 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 be approved by the Council within 6 months of the public hearing and incorporate at least the following: • That development of this property shall generally conform to the Concept Plan prepared by Advantage Architecture (attached in Exhibit C), as determined by the Planning Director or otherwise approved through a Conditional Use Permit. The pedestrian walks shall be substantially constructed as shown on the concept plan. (NOTE: The Applicant has shown a pedestrian access from the sidewalk on McMillan Road to the convenience store. This connection may not be possible due to the relocation of the Settlers Canal and the canal remaining open. Therefore, this connection should not be required. However, in accordance with the DR requirements of the UDC, the Applicant should construct a pedestrian walkway from the Locust Grove Road sidewalk to the convenience store entrance (or any future building on Lot 2)). • Provide a trellis structure, a picnic table and landscaping within a plaza area near the center of the development. (Exact details of the plaza area shall be established with the future development on Lot 2 -convenience store lot.) • Construct benches in front of the professional office building on Lot 4. • The business hours of operation for the professional office and multi-tenant retail businesses shall be limited to 6 am and 11 pm. This restriction shall include deliveries and trash compacting. • The following shall be the allowed uses on this property: Permitted and accessory uses within the. C-N zone. All conditionally permitted uses on the subject site shall be subject to CUP approval. • All future; uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare b;y reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • All futurt: development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. The Applicant shall be responsible for all costs associated with sewer and water service installation. • Except for one full-access to Locust Grove Road and the public street to McMillan Road at the east boundary (Beethoven Street), no other access points to Locust Grove Road or McMillan Road shall be allowed. • All buildings in the development shall be subject to administrative design review as defined in UDC 11-3A-19. Pedestrian walkways and paths shall be provided throughout the parkirtg lot to allow pedestrians to walk in designated areas (as shown on the concept plan). • The Applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review approval from the Planning Department prior to any build;'ing construction on the subject property. All buildings on the site shall substantially comply with the elevations in Exhibit C (subject to full compliance with future design review). All buildings shall be substantially consistent: with the square footages shown on the concept plan: a maximum 11,000 Exhibit D -Page 1 ^ - - • • ~ • ......... . ... :, ., i~.y .,,. ,~., ..,,,.,,.~..., ,• ::::r a ~~..•V, :r., .... ,,..o :: ~ :::~,, ~~ ;~ , ::,~..~.,~, ...... c -::'r., :~;.aa'~;If,;~ I::J:'4'.u..N:3 C;I~:f~ I'f:i.:filT~'.~I.71!i,lE2.'9''~', ~:I;uf)(i~ d..:l If U l.Ylf f~l>n)F~..1flLDl,~,l J I L.,,~..I ~I I,1.1J 1,., ,L..~L..11 ., ,.In.11111.1...1 I l ,., 11 .,,..I I IE~.IE...I L, If.. I 1 ... I, I If I L., if IL......I square foot professional office building; a 4,500 square foot convenience store/fuel station (subject to CUP approval); and, a maximum 33,000 square foot multi-tenant commercial building. Materials for the subject buildings shall include: cultured stone, faux timbers and beams, stucco and stucco accents, and metal standing seam roofmg. • Construct a 25-foot wide landscape street buffer along Locust Grove Road, a minimum 10-foot wide street buffer along Beethoven Avenue, and a minimum 38-foot wide landscape buffer along McMillan Road, as proposed. These buffers shall be designed in accordance with UDC 11-3B-7. • Construct a minimum 20-foot wide landscape buffer between residential uses and properties zoned C-N. This buffer shall be designed and constructed in accordance with UDC 11-3B-9 and be placed adjacent to any existing residential uses to the north and east. The Applicant shall comply with all other landscaping standards described in the UDC, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. • No car wash (vehicle washing facility) shall be allowed on this site • Construct a 6-foot tall fence alone the north and. east nronertv lines. Conditions of Approval Preliminary Plat (PP-07-019) 1. PLANNING DEPARTMENT Site Specific Conditions 1.1 The 4-lot preliminary plat prepared by Arrow Land Surveying, Inc., dated 8-19-07, tam ed the Citv Clerk on 10 2 (attached in Exhibit B), is approved, with the conditions listed herein. Any future development agreement shall also be considered conditions of the Prelinnary Plat (PP-07-019). 1.2 Place a note on the face of the final plat prohibiting direct lot access to McMillan Road and Locust Grove Road, except for the full-access driveway to Locust Grove Road located approximately 36(1-feet north of McMillan Road. 1.3 Across-access/cross-parking easement/agreement shall be recorded for all lots within the subdivision. All lots within the subdivision shall have access to the access points approved in this application. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City E;ngineer's signature on the final plat OR a note shall be added to the face of the final plat granting said cross-access. 1.4 Prior to the City Engineer's signature on the final plat, all existing structures shall be removed. i.5 The landscape plan prepared by Harvest Design, P.C., dated 10-29-07, labeled Sheet LS-1 (attached in Exhibit B), is approved with the following notes/changes: • Provide a minimum 25-foot wide landscape buffer along Locust Grove Road, a 10-foot wide landscape buffer along Beethoven Avenue, and a 38-foot wide buffer along McMillan Road as shown on the landscape plan and in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. NOTE: Add some low-lying shrubs to the landscape buffers, including within the future Settlers Canal easement along McMillan Road (as allowed by SE°ttlers Irrigation District. Planting in the canal easement (other than P_rass) can be deferred ur-til the Settlers' Canal is relocated.) • Construct a minimum 20-foot wide land use buffer along the north and east property lines (not adjacent to Beethoven Avenue). All landscape material shall be installed in accordance with UDC 11-3B-9, Landscape Buffers to Adjoining Uses, and create a barrier where the Exhibit D -Page 2 ^ - - • • • • 6'7'C'S' l7F 1wt Ew la; hf. ~ l' ~ ~,]'ti E' V_, ti Pal ''+'' f.lti d::; N:U laf'.!•4.1 ' 11 ~ 1L11`~I'T' I:a `I` d~u lf' I~' ~h;.Li, f" f,;l pd; l I' I;:I I+. i' h l l 161:!„~ 4.1 x.11 l i..n I::D.,~4 If 1P.. C:PIf~ I h. Li I ~. lJ ra~.ll~'."~ ? , 20 (76 trees touch at the time of maturity. • Per UDC 11-3B-10, the Applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nwseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit revised landscape plans to the Planning Department with the submittal of the fmal plat application. 1.6 This subdivision lies within the Settlers' Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round sowce of water. If a creek or well source is not available, asingle-point connection to the domestic water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable landscape areas prior to signature on the final plat by the Meridian City Engineer. 1.7 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of the relocated Settlers Canal, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will. be reviewed and approved by the City Engineer. 1.8 All development improvements including water, sewer, fencing, landscaping and pressurized imgation shall be installed and approved prior to obtaining Certificates of Occupancy. 1.9 A letter of credit or cash swety in the amount of 110% will be required for all required fencing, pressurized irrigation, landscaping, sanitary sewer, water, etc., prior to signatwe of the fmal plat. 1.10 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. l .l 1 Construct an ~6-foot tall vinyl fence along the north and east propert 1 General Conditions 1.2.1 Sidewalks/walkways shall be installed within the subdivision and along the adjacent streets pursuant to UDC' I 1-3A-17. 1.2.2 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.2.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. 1.2.4 The Applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencigng is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. Exhibit D -Page 3 • • ~ • --~„ r• ::: ~, ::: , -~~ e ~,~ a:.,,.., ,,~ ..., ..,~..•:a,a I,.!..,,.rr., .., ~,..,n , :::r~..,! ,.,.,.:.,..,I ,I, .....::r ..:: s':p"e; (" "';p,,.,„^, ~C:I :, aaJ:::Iia1112,I,J!ti.EC'h' i ~!I:J(:Il`r ~JI,,~L1~9J...u..kl..JL~,,I~I>I_,u,III,IIII~L...ll~l...4,..I.VI,,VI,_.I,III..,p.:..Il N,.IL.IL.,II,..III.,II..LIfpI..,IIII....,.,I..LII..~L. ,If IL..~ , 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation or preliminary plat does not relieve the Applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B- 7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N Locust Grove Road. The Applicant shall provide a sewer stub to Portico Place 1780 E McMillan Road contact the City of'Meridian Public Works Department for size and location. 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 tltis site is being proposed via extension of mains in N Locust Grove Road and E McMillan Road. T'he Applicant is responsible to have two water connections. The Applicant shall be responsible to install water mains to and through this devetoprnent, coordinate main size and routing with Public Works. 2.3 The Applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of wav. The common lot shall be covered with a blanket easement to the City of Meridian. 2.4 The Applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked 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. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (NiCC 12-13-8.3). The Applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 All existing structiues shall be removed prior to signature on the final plat by the City Engineer. 2.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the N[eridian City Engineer prior to final plat signature. 2.8 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at {208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic Exhibit D -Page 4 ^ - - - d~ • • Cd"I"1' Cif' 11~&~72.IL111~k."w~ Y'I 41;1'I''df'I'~d~;::i I"'~V:.I'~~~~d I I'~flf .''~~T °t'C'~tial'll~ f+:Faf'~i_l~I4I: N'I;:.,~C~~ il'}#F Hllf.:i~~,f~tl'I''dd:a ~:7f~~7"C: tl:)!f`.f':L.IF~G'dl:.,l,i'~.f4y';!, 2oUE purposes such as lfandscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.9 Any existing septiic 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 (2.08)375-5211. 2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized imgation, sanitary sewer, water, etc., prior to signature on the final plat. 2.12 Ali development improvements, including but not limited to sewer, fencing, micro-paths, pressurized imgation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.14 It shall be the responsibility of the Applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be requu~ed by the Army Corps of Engineers. 2.16 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.17 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.18 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.19 The engineer 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 cif the crawl spaces of homes is at least 1-foot above. 2.20 The Applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.21 At the completion of the project, the Applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to tlhe issuance of a certification of occupancy for any structures within the project. 2.22 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and pernut from the Public Works Department prior to commencing installations. Exhibit D -Page 5 • • ~ • C;I'T"'c' ~;P lb'II~7t]Dr1~N PU <<4I I I+LI11''~~ ! ~ II UI:Jf',/4.1' II1'~ 1lli;i'~;I l ' ~ A,,:f'f' lfl,lE:i}'4;:1:(i,'1" F'f,.:V1~2 .u Ihil= ~i.f:::;"~.}''+,11'~~I~; I I:;i ~~~ l:ll, f,.a;f' l I':.,L.I,II, U/'~,At,''e' ~', 2.6~IIefi 3. MERIDIAN FIRE DEPARTMENT' 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2. Final Approval of~ the fire hydrant locations steal l be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %Z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing pernuts. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all lroposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface arse required before combustible construction is brought on site. 3.5 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service thf; proposed project. Fire hydrants shall be placed per Appendix D. 3.6 Maintain a separation of 5' from the building to the dumpster enclosure. 3.7 Provide a Knox box entry system for the complex prior to occupancy. 3.8 The Applicant may need to work with the Fire Marshall 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). Contact Deputy Fire Marshal, Joe Silva, 888-1234. 3.9 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.10 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. 3.11 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). Exhibit D -Page 6 • • • • ~'~': ]':I"~' r, 7 F' h~9 F::6'..CIf.;D1,64.I'~,I :I" I:. ~a;.:I'~,hi' Il: ', I.il... ,..li :r:;, ,_i ..l, ,...., ," "' a'il'.,.. ,,, ., ., y .. , . ;, : ;:;,i.. i .I,...., ; r ..., .. _.; •:: :.::'r ei ; ~ ,,, i ,....., _i ,.,, .. ,~ . ,.~, ,.y ... , I ..; L...L. I , ..,I ,. I. I L If.., l ;I ..; t , i..l h L .L..I. L.1 l ,. I, )r ~.p F4..1 I I h.: I I .L.....]I! 11 li ~ L_r L:,I, ;.VIE.. I::I Ih' I L..If.! l :I,.,I, . I l''fi .~. , ,. L1 L,I Its b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance. with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.12 All electric gates are required to be 20' wide and be equipped with a Knoxbox key switch. 3.13 Buildings over 30" in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 4. MERIDIAN POLICE DEPARTMENT 4.1 Loading areas shalll be separated from all public parking areas. 5. SANITARY SERVICES COMPANY 5.1 Prior to issuance of a certificate of zoning compliance, that Applicant shall submit an approved site plan from SSC. 5.2 Waste enclosure access: The Applicant shall provide drive-on capability for 6 and 8 cubic yard containers. Allow al minimum of 60 ft. frontal clearance for such containers. 5.3 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 6. MERH)IA.N PARKS DEPARTMENT 6.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 7. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval 7.1 Dedicate 41-feet of right-of--way from the centerline of McMillan Road abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the fmal plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.2 Provide the District with a 30-foot canal easement, as proposed for the future relocation of the Lemp Canal to the north side of McMillan Road abutting the entire site. 7.3 Provide the District with a road trust in the amount of $15,650 for the future construction of the sidewalk abutting the site on McMillan Road with the District's intersection improvement project. Exhibit D-Page 7 .............. ...._ _.. • • • I;" 11'I"'~ f VI I~ I I.:fl:.l I: it !,; ~, l'.L. ~ ~,] FI 1111',{; :Iali:al'.~~~i,l~'. I I~.tJa'~f l r~'1'~'I,I~ f' I~.:L:PIa~W:I. If I;:V}1.. 1f II [I. ,I [L..r~~.}~,.I i'~d4r II:P,~+, I I. ~..II~' .I L I Il,ta/~~ fl,}i ! 'w'C11}6 7.4 Dedicate 35-feet o:f right-of-way from the centerline of Locust Grove Road abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of-way which is in addition to existing right-of-way from available Corridor Preservation Funds. 7.5 Construct a 5-foot detached concrete sidewalk a minimum of 28-feet from the centerline of the Locust Grove Road abutting the site. Provide an easement for any segment of the sidewalk located outside of the right-of--way. 7.6 Complete Beethoven Avenue as a 36-foot street section (measured back of existing curb to back of new curb) and construct curb, gutter and 5-foot attached concrete sidewalk within 50-feet of right-of--way. 7.7 Construct one full access driveway to intersect Locust Grove Road approximately 360-feet north of McMillan Road, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. The driveway is restricted to a maximum width of 36-feet. 7.8 Construct one full access driveway to intersect Beethoven Avenue approximately 74-feet north of McMillan Road, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. The driveway is restricted to a maximum width of 36-feet. 7.9 Other than the access specifically approved with this application, direct lot access is prohibited to McMillan Road and Locust Grove Road shall be noted on the final plat. 7.10 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.1.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.1.2Private sewer or water systems are prohibited from being located within any ACRD roadway or right-o f-way. 7.1.3A11 utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.1.4Replace 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. 7.1.SComply with the District's Tree Planter Width Interim Policy. 7.1.6Utility street cuts iri 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. Exhibit D -Page 8 • ~ • 1;;1'1-'!i'd:Jf \?I:I~.Ed.:III;.UI~'1J'~I I"I:..,'4.I"Jiti{1''~IV,ll~l..:4'r4.:fl;.'1"IV~i!1f:i]'JI'lf ~]I~~~~.f~f' 1 .4:,i1'Q..llE+'1'F'i::Vpa;.1"III:L.IIJL..'af+ll~l:,ra::~r4fl:::l"1-`.F'1 E'',FIG.f,,~,.Cw.'~' ~,2~ai;lli~ 7.1.7A11 design and construction shafil be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepaze and certify all improvement plans. 7.1.8The Applicant shall submit revised plans for Staff approval, prior to issuance of building permit (or other required. permits), which incorporates any required design changes. 7.1.9Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.1.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.1.11 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. 7.1.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by t;he 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. 7.1.13 Any change by the Applicant in the planned use of the property which is the subject of this application, shall require the Applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the Applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. SETTLERS IRRIGATIUM DISTRICT 8.1 All irrigation /drainage facilities along with their easements must be protected and continue to function. The facilities involved are the Settlers Canal (50' easement), the North Slough Lateral (40' easement), and the Shavrer Lateral. Contact SID for any additional requirements. 8.2 A Land Use Change Application must be on file prior to any approvals. 8.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 8.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District's Boazd of Directors. 8.5 All storm drainage must be retained on-site. Exhibit D -Page 9 • C 8 I tii' C )} h d II :F+_f I );I ~ti'V PL,4 \ 1'J I hid ~ ~ I ~ d , f".r'~.II' 111 I I ,:~ ~I''1~~ ;:;' I r'~ li I' 1 ~ I I ~ :Vf't. l 1' i _V I+ ']f II I! If.: L it ll:: ,~'+,Jf~l, If I''~I I::i I::~ ~ ~, I L.. ~ _11 ' L II~ f 6 I ~a.L~'~,.IGt''r' 2, '? d G~3 8.6 A pressure irrigation system must be provided to service all lots within the above-mentioned subdivision from the current delivery point. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system, an agreement needs to be in place prior to the pre-construction meeting. Exhibit D -Page 1 ~ • C. Concept Plan ~' ONV~I "N VlURI]W SS3NQOV ~-~ ' ~ ~. ' I ._. _. ~ Nnialaaw do sa~3iaH,HOas ~ „.•,,~ ~-+~aiins s~it~NLSOaa a souoHlao nnaN v ~ ~.,n:- ~I i ~3 ,~. ;i ~<-- _! -i ~~ L _ - - I - .,., ,: ,~ ~~ , ~- --- 1~ ~''i' _~ } '~ x ~ ~ (~'~ ~ 1 i ~~ ~ f ~ ~ + k 1 0 i ~, _ - ~;:. i •:, __ ~ -~- ? -( ~ 4 i ~ ,' ~ ~ ` I ~ - r T~r' ~ 1 ~ ~ ( -~ ~ t!i y r~k` \ ~ . 1 -.. .'SRI ~ 7. °14' ~ I^ ~: ,~ - ~. r, G - 1 ~ 1~ i - ' ,- ~ ~ - .. -- -' t- ---- - _ -, ;_ , _ -- r~ j.~ ~~ ~ _ - - `r qw ~"~ '' 1 u oil 3 ~ ; ,1 - - _~' - ~ ~ - ~^, ; ~- - ~' aF ~ k _ ~ ~. _. t ~k Ya --- .z _ * ~ ~ , M 1 f' ~( i ,i i Exhibit C COMMENTS February 15, 2008 MI 07-006 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT Touchmark of the Treasure Valley ITEM NO. 6-I REQUEST Third Addendum to DA -- Request for an MI application to amend the previously approved DA for Touchmark Living Center AZ 99-021 by amending the aprpoved phase boundaries & varioius other provisions for Meadowlake Village North -- sec of Franklin Rd &Touchmark Wy 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: See attached Addendum to DA Date: start Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 14 BOISE IDAHO 02128108 01:34 PM DEPUTY Patii Thompson III (, II II II I I II I I II I III I II I II I I I I I III RECORDED-REQUEST OF 108022885 j Ciry of Meridian AMENDMENT TO 3'a ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Touchmark of the Treasure Valley LLC, Owner/Developer This .Amendment to 3`~ Addendum to the Development Agreement ("Amendment") is made and entered into this ~_ day of - , 2008, by and between CITY OF MERIDIAN, a municipal corporation of the tate of Idaho, hereinafter called "CITY', and Touchmark of the Treasure Valley, LLC, whose address is 5150 SW Griffith Drive, Beaverton, Oregon 97005, hereinafter called "OWNER/DEVELOPER". RECITALS A. City and Owner/Developer entered into that certain DEVELOPMENT AGREEMENT that was approved on May 1, 2001 (Instrument # 101048096), the Apri12001 Addendum (Instrument # 101048097), the Touchmark SitelBair Property Annexation Addendum (Instrument # 102143308), and the May 2003 Addendum, recorded on August 14, 2003 (Instrument # 10313? 119) for the Touchmark Living Centers/Meadowlake Village development on the kind described in Exhibit A ("Property"). That addendum approved a revision to the original phasing plan for Phase III. B. City and Owner/Developer now desire to amend the Development Agreement in accordance with the terms in this Amendment, which terms have been approved by the Meridian Planning and Zoning Commission and the Meridian City Council in accordance with Idaho Code Section 67-6511A. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the partif;s agree as follows: 1. Owner/Developer shall be bound by the terms of the original Development Agreement, (Instrument # 101048096). This Amendment proposes to amend the construction requirements for Phase III of the development. Items 2, 3, 4, 6, 8, & 9 shall be and are hereby deleted as part of the requirements for completion of Phase III (FYnal Plat Phase 1) as these items are no longer considered to be within the scope of said phase. Item 12 is hereby deleted, as it duplicates Item 5. Items 1 and 5 shall be and are hereby modified to elliminate references to `Street H.' As all homes within this phase are to be single family units, all references to patio homes are hereby eliminated. AMENDMENT TO DEVELOPMENT AGREEMENT (MI 07-006 MEADOWLAKE VILLAGE NORTH) PAGE 1 OF 4 • 2. Items 1, 5, 7, and 13, "PHASE THREE (Final Plat Phase 1) - shall be and are hereby modified to state: 1. Installation of domestic water distribution system and sanitary sewer collection system in all streets and cul-de-sacs to Phase Three (Final Plat Phase 1) cottages. S. Public utilities along all streets and cul-de-sacs in Phase Three (Final Plat Phase 1). 7. Construction of the street base for the Phase Three (Final Plat Phase 1) streets and cul-de-sacs. 13. Construction of cottage units and landscaping in Phase Three (Final Plat Phase 1). 3. This Amendment shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Amendment shall be binding on the Owner/Developer ofthe Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent the sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions herein and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Amendment if City in its sole and reasonable discretion, determines that Owner/Developer has fully performed its obligations under this Amendment. 5. If any provision of this Amendment is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Amendment and the invalidity thereof shall not affect any of the other provisions contained herein. 6. This Amendment sets forth all promises, inducements, agreements, conditions, and understandings between Owner/Developer and City relative to the subject matter herein, and thf;re are no promises, agreements, conditions or under-standings, either oral or written, expre;ss or implied, between OwnerlDeveloper and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Amendment shall be binding upon the parties hereto unless reduced to writing arld signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City in accordance Idaho Code Section 67-6511A. AMENDMENT TO DEVELOPMENT AGREEMENT (MI 07-006 MEADOWLAKE VILLAGE NORTH) PAGE 2 OF 4 This Amendment shall be effective as of the date herein above written. ACKNOWLEDGMENTS IN WTTNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: TOUCHMARK OF THE TREASURE VALLEY, LLC a7 ~- CITY OF MERIDIAN BY: Mayor Tam de Weerd Attest: ``\`\\~,~~ ~ ~ ~ r ~~~~~''% ~ O City Cler - ~~,~ ~' 1~~ ~ .~ ~ ca, ~~ ~, ~.~ ,~ ~ ,. '/~~~~~rr r r r r r n i~iri~ ~~ `~ ~~`~~~~ AMENDMENT TO DEVELOPMENT AGREEMENT (MI 07-006 MEADOWLAKE VILLAGE NORTH) PAGE 3 OF 4 a c~c~~+~- STATE OF ~6 ) ~ypyK~ ~.~x SS: County of Ada- ) u On this ~_ day of ~~'9c±c•~o.i-1 , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared l ~r-e.~~- ~ ~ '~~S'c\es' ~~' known or identified to me to be the C >E~ ~sf- ~ ~~ of Touchmark of Treasure Valley, LLC and aclnowledged to me that he executed the same on behalf of said limited liability corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in tl;~is certificate first above written. OFFICIAL SEAL AD+~?IA PA WRICHT NOTARY PI~BIJC-OREGON CDf`~P+11~lON N0. 391394 MY COMMISSION 'tXPi(iF5 ;APR. 5, 2009 STATE OF IDAHO ) ss Notary Public for ate 0~\~~ o Residing at: 2cc~'to.~e~da , C"3eZ My Commission Expires: ~\5,2~°~ County of Ada ) On this., day of " . CLl 0.r , 200$,before me, a Notary Public, personally appeazed Tammy de Weerd and CSI tY10.h ,know or identified to me to be the Mayor and Clerk, respectively, o the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) .~,. .- ~~ ~ ~ a ~ ~; ,x0• ti ~ Notary Public for Idaho Residing at: ~~ ~ 1 ~ ~, I~ Commission expires: ~(.~u~ ~ AMENDMENT TO DEVELOPMENT AGREEMENT (MI 07-006 MEADOWLAICE VILLAGE NORTH) PAGE 4 OF 4 7 ~~ !'~ ~ !'!~ j o c s i c n r n c. r • ' P1'OpOBed Boundary DcscrlpHon for Meadowlakc Village Phase 3 Job No. 5066ZZ3 LANO PEA NNINC ~~~~~ ENO~N~CRINO J {,~NDfCAfI ARDNIT(CTYRC LANO 6uRYLT WAtRR Ei81e, ID 89816 A parcel of land situate in the north half of Section 16, Township 3 North, Range 1 East, Hoiae Meridian, Meridian City, Ada County, Idaho, and being more particularly described as follows: Connrned>tcing at the northwest corner of the northwest quarter of Section 16, Towr~hip 3 North, Range 1 East, Boise Meridian, Meridian City, Ada County, Idaho; Vence 589°19'S3"E, 270626 feel along the north line of the northwest quarter; - Thenoe 500°04'07"E, 3$4.98 fcet along the east line of the northwest quarter to the POINT OP BEGINNING: Thence 589°20'45"E, 576.93 feet; , Thence 28.85 feet on a curve to the right having a radius of 2$.00 feet, a central angle of 59°01'54", a chord bearing of S59°49'4T'E, and a chord length of 27.59 feet; Thence 154.53 feet on a carve to the left having a radius of 74.99 feet, a central angle of 118°03'49", a chord bearing of S89°20'45"E, and a chord lengtb of 128.61 feet; 'Thence 28.85 feet on a curve to the right having a radius of 28.00 feet, a central angle off 59°01'54", a chord bearing of N61 °08' 18"E, and a chord length of 27.59 feet; Thence S89°20'45"E, 43.09 feet; Thhence 47.70 feet on a curve to the right having a radius of 274.98 feet, a central angle of 9°56'23", a chord bearing of S84°22'33"E, and a chord length of 47.54 feet; T7heace 379.°17'01 "E, S15.39 feet to the west line of the northwest quarter of the northeast quarter; Thence S00°01'48"W, 79.05 feet along the west lice of 'the northwest quarter of the northeast quarter to the notthetrly bovadary of F.dgeview Estates No. 1 Subdivision; Thence N82°08'44"W, '7.63 feet along the northerly boundary of Bdgaview Estates Nn. 1 Subdivision; Tblenoe N79°24'21"W, 449.48 few along the northerly boundary of Edgeview Estates No. 1 Subdivision; . PH 2D8/2t8,8300 fX 20812r18.832D Thence S80°S1'42"W,116.19 feet along the northerly boundary of Edgeview Estates w~,wr80esi8n.com NC-. 1 Subdivision; Page :1 of 4 i Meadow Lake Phase 3 continued... 'Thence S25°44'31 "W, 195.09 feet along the westerly boundary of Edgeview Estates No. 1 Subdivision; Thence 522°30'43"T:, 150.00 feet along the westerly boundary of Edgeview Estates l~Io. I Subdivision; 'Chance N89°S1'Ob"W, 36.83 feet; Thence S00°08'54"W, 115.86 feet; 7!7~ence N32°3?' 18"W, 1 ? 1.71 feet; Thence Nlb°47'25"W, 71.82 feet; 'T'hence Sbb°08'35"W, 370.59 feet; ??pence S47°Ob'StY'W, 23.22 feet; Thence S82°52'42"W, 60.24 feet; Thence N78°51'Ob"W, 208.53 feet; T,hencs S52°OS'28"W, 174.87 feet; Thhence SSO°Sl'06"E, 146.98 feet; Thence 109.45 feet on anon-tangent curve to the left, concave southerly, having a radius of 242.84 feat, a central angle of 25°43'50", a chord bearing of SSO°~9'36"'W, and a chord length of 108.14 feet; Thence S37°27'41 "W, 54.64 feet; Tk~noe S88°02'20"W, 25.70 feet; Tb~ence NS2°31'S9"W, 184.32 feet to the southeasterly bouadary of Touchmark Ll~vIng Ceattar Subdivision No. 1; Thence N37°28'01 "E, 5.76 feet along the southeasterly boundary of Touchtnark Li,ri~g Geatter Subdivision No. 1; Page 2 of 4 ®~® D E s i 6 N t o c. • Meadovlr Lake Phase 3 continued... 'Thence 61.69 feel on anon-tangent curve to the right, concave easterly, having a radius of 57.50 feet, a central angle of 61°28'32", a chord bearing of Nlb°18'24"W, ewd a chord length of 58.78 feet, along the noribeastazly boundary of Touchnaark Living Center Subdivision No. t; 7l'henee N52°31'59"W, 50.96 feet along the northeasterly boundary of Touchrriark hiving Center Subdivision No. l; Thence 82.29 feet on anon-tangent curve to the right, concave northerly, having a radius of b8.00 feet, a central angle of 69°19'58", a chord bearing of N87°l l'S8"W, end a chord Length of 77.36 feet, along ibe northeasterly boundary of Touchmazk Living Center Subdivision No. 1; . 7'henee N52°31'59"W, 28.37 feet along the northeasterly boundary of Touchanark hiving Center Subdivision No. l; Thence 214.29 feet on a curve to the left having a radius of 329.00 feet, a central angia of 37°19'07", a chord bearing of N71 °11'33"W, and a chord length of 210.52 feet along the northeasterly boundary of Touchmark Living Center Subdivision Mo. l; Thence N89°S 1'OtP'W, 141.19 feet along the northeasterly boundary of Touchmark Laving Center Subdivision No. 1; Thence 313.93 feet on a curve to the right having a radius of 271.00 feet, a central artgle of 66°22' 19", a chord bearing of N56°39'ST'W, Bad a eho~rd length of 296.57 fuel, along the northeasterly boundary of Touchmarlc Living Center Subdivision lac. 1; ' Thence 72.40 feet on a curve to the right having a radius of 37.50 feet, a central angle of 110°37' 10", a chord bearing of N31 °49'4T'E, and a chord length of 61.ti7 feet, along the northeasterly boundary of Touohmark Living Center Subdivision No. 1; Thence N87°08'23"E, 76.58 fcet; Thence 107.05 het oa a curve to the ]eft having a radius of 194.98 feet, a central a~agle of 31 °27'20", a chord bearing of N71 °24'42"E, and a chord 1en8th of 105.71 feet; ThenceNSS°41.02"B, 135.34 feat; Page 3 of4 ®~~ D 6 3 1 6 N 1 N C. Meadow I,akc Phase 3 continued... Thence 93.55 feet on a curve to the right having a radius of 454.96 feet, a central angle of 11 °46' S2", a chord bearing of N6 t °34'29"E, and a chord length of 93.38 feel; Thence N67°27'55"E, 188.04 feet; 'Thence 265.07 feet on a curve to the right having a radius of 654.94 feel, a central ang]e of 23° 11'21 ", a chard bearing of N79°03'35"B, snd a chord length of 263.27 Peet; 'Thence S89°20'45"E, 230,53 feet to the POINT OF BEGINNING. The aba~ve-described parcel contains 19.80 acres, more or less. Subject to any existing easements orrights-of--way of record or apparent. r` REV1, AP ROVA~ pY SAN 0 T 2009 M W CR g 0 SIC Page 4 of 4 i a ~~ ~ us~ ~s~Z~ $ $ U ~~ ~~~ ~. o . a~ ~~~ m > W ~z ~ 4~ r~ ~~~ o, m~ ~' d i~ ~w ~ 0.0 0 ~~ ~_~~ ~~~ .~ u ~ 222 a 1 D E S I C+ N r N C. 1 _ _._ _ i • Proposed Boundary Description for I1~eadowlakc Village Phase 3 Job No. 6466223 LAND PLANNING ~:'~.'l ~~'~J A parcel of land situate in the north half of Section 16, Township 3 North, Range 1 East, Boise Meridian, Meridian City, Ada County, Idaho, and being more particularly described as follows: Commencing at the northwest corner of the northwest quarter of Section l 6, Township 3 North, Mange 1 East, Boise Meridian, Meridian City, Ada County, Idaho; Thence 589°19'53"E, 2706.26 feet along the north Line of the northwest quarter; Thence 500°04'07"E, 384.98 feet along the east line of the northwest quarter to the POINT OF BEGINNING: CIYIL ENGINECnING Thence 589°20'45"E, 576.93 feet; ~-- 85 feet on a curve to the right having a radius of 28.00 feet, a central angle Thence 28 - E . of 59°01'54", a chord bearing of SS9°49'47"E, and a chord length of 27.S9 feet; LnnDBCAP¢ Thence 154.53 feet on a curve to the left having a radius of 74.99 feet, a central angle hnCHIT@DTUnE oaf 118°03'49", a chard bearing of 589°20'45"E, and a chord length of 128.61 feet; `~ i . ' ~ ~~~ ~ Thence 28.85 feet on a curve to the right having a radius of 28.00 feet, a central angle , ~r`.., x!~ off 59°01'54", a chord bearing of N61 °08' 18"E, and a chord length of 27.59 feet; LAND s1+nY¢Y p ' ~~~ 509°20'45"E, 43.09 feet; :'' ~ ~ Thhence 47.70 feet on a curve to the right having a radius of 274.98 feet, a central 64 feet; th of 47 d len h d " ' ° " ' ~:., . g a c or E, an 33 22 , a chord bearing of 584 23 angle of 9°56 . ~_v -~ WATCn Eagle, ID 83816 Thence S79°17'01"E, 515.39 feet to the west line of the northwest quarter of the northeast quarter; Thence 500°01'48"W, 79.05 feet along the west line of the northwest quarter of the nartheast quarter to the northerly boundary of Edgeview Estates No. 1 Subdivision; Thence N82°08'44"W, 7.63 feet along the northerly boundary of Edgeview Estates No. 1 Subdivision; Thence N79°24'21"W, 449.48 feet along the northerly boundary of Edgeview Estates No. 1 Subdivision; PH 208!216.8300 fX 208/246.8320 Thence 580°S1'42"W, 116.19 feet along the northerly boundary of Edgeview Estates Na. 1 Subdivision; wwa.wrgdesign.com Page ;1 Of 4 • Meadow Lakc Phase 3 continued... Thence 525°44'31 "W, 195.09 feet along the westerly boundary of Edgeview Estates T1o. 1 Subdivision; 't'hence 522°30'43"E, 150.40 feet along the westerly boundary of Edgeview Estates No. 1 Subdivision; 'T'hence N89°51'06"W, 36.83 feet; Thence S00°08'54"W, 215.86 feet; Thence N32°37' 18"W, 171.71 feet; ThenceNl6°47'25"W, 71.82 feet; Thence 566°08'35"W, 370.59 feet; Thence 547°06'50"W, 23.22 feet; T7hence 582°52'42"W, 60.24 feet; Tlyence N78°51'06"W, 208.53 feet; Thence SS2°05'28"W, 174.87 feet; Thence S50°Sl'06"E, 146.98 feet; Tltence 209.05 feet on anon-tangent curve to the left, concave southerly, having a radius of 242.84 feet, a central angle of 25°43'50", a chord bearing of SSO°1.9'36"W, and a chord length of 108.14 feet; Thence 537°27'41"W, 54.64 feet; Thence 588°02'20"W, 25.70 feet; Thence N52°31'S9"W, 184.32 feet to the southeasterly boundary of Touchmark Living Center Subdivision No. 1; Thence N37°28'01"E, 5.76 feet along the southeasterly boundary of Touchmark Living Center Subdivision No. 1; Page 2 of 4 D E S I G N ! N C. • Meadow Lake Phase 3 continued... Thence G l .G9 feet on anon-tangent curve to the right, concave easterly, leaving a radius ofS7.50 feet, a central angle ofGl°28'32", a chord bearing of N16°18'24"W, and a chord length of 58.78 feet, along the northeasterly boundary of Touchmark Living Center Subdivision No. 1; Tihenee NS2°31'59"W, 50.96 feet along the northeasterly boundary of Touchmark Liiving Center Subdivision No. 1; Thence 82.29 feet on anon-tangent curve to the right, concave northerly, having a radius of 68.00 feet, a central angle of 69°19'58", a chord bearing of N87° 1 l'S8"W, and a chord length of 77.36 feet, along the northeasterly boundary of Touchmark Living Center Subdivision No. 1; Thence NS2°31'59"W, 28.37 feet along the northeasterly boundary of Touchmark Living Center Subdivision No. 1; Thence 224.29 feet on a curve to the left having a radius of 329.00 feet, a central angle of 37°19'07", a chord bearing ofN71 °11'33"W, and a chord length of 210.52 feet along the northeasterly boundary of Touchmark Living Center Subdivision No. 1; Thence N89°51'06"W, 141.19 feet along the northeasterly boundary of Touchmark Li~~ing Center Subdivision No. 1; Thence 313.93 feet on a curve to the right having a radius of 271.00 feet, a central angle of 66°22' 19", a chord bearing of N56°39'57"W, and a chord length of 296.67 feet, along the northeasterly boundary of Touchmark Living Center Subdivision No. l; Thence 72.40 feet on a curve to the right having a radius of 37.50 feet, a central angle of 110°37' 10", a chord beating of N31 °49'47"E, and a chord length of t51.67 feet, along the northeasterly boundary of Touchmark Living Center Subdivision No. 1; . Thence N87°08'23"E, 76.58 feet; 'Thence 107.05 feet on a curve to the left having a radius of 194.98 feet, a central anglle of 31 °27'20", a chord bearing of N71 °24'42"E, and a chord length of l OS.71 feet;; - Thence NSS°41'02"E, 135.34 feet; Page 3 of 4 Meadow Lake Phase 3 continued... • 'T'hence 93.55 feet on a curve to the right having a radius of 454.96 feet, a central angle of 11 °46'S2", a chord bearing of N61 °34'29"E, and a chord length of 93.38 feet; ['hence N67°27'SS"E, 1$8.04 feet; 'l;'hence 265.07 feet on a curve to the right having a radius of 654.94 feet, a central angle of 23°11'21 ", a chord bearing of N79°03'35"E, and a chord length of 263.27 feet; Thence S89°20'45"E, 230.53 feet to the POINT OF BEGINNING The above-described parcel contains 19.80 acres, more or less. Subject to any existing easements or rights-of--way of record or apparent. REVI`I AP ROVA~ BY ~A~a o ~~2ooa MERIDI~ PU6L~C WORKS DEPT. Page 4 of 4 ©~~~ D E S I G N I N C. • • N1.86~t0a70S so~e~ / ~ ~g N~ ! ~ ~~ U~ ~~ ~~ ~ --S~zt'i ~~ j~ ~ N~ / ! ~ ~ ww .~ ry~ jUj /~ ~ ~ W VI V/ ~' fad, ~$ `~GN ~1p•` ~ `.~'sa;''~S ~~ ~M.t5.80.003 •'` A • v , v~. p18 ~.. ~+BZ ~ _. _ ~ U -~~ - ~ ~ ~` ~` _ ; f~_ ---- _ ~~ ~~~i ~ ~ ~ ,~~, '~~-_...~~/~ arc a. ~a .. ; ~ ~\ ZQ l~ ~` - aee:ee' V '~~.,`~j' ~ ~ m % •~ ~', w ~ ~~~ O 3 0~ Q / ° N ap $~ : i ;~ ~~~ ~ 8/ ,C'. a o Qm ~~' ~ I ~ W 1 ~ O\ $'I .~ ~ = b 1 ~ ~, o .l .;; - ~~ oti / • a ~" ~~ ~ . 0 ~~~ ~~ l E IUgG ~ ~~ { $ { N" N ~ Y = ~ 0~°p ~ V1 ~ ~ N e ~ ~ (p " ~ ~ T ~ k~6 ~ w ~ ~ ~^ ~ ~ ~ ~ e ~ < ' ~ w ~ ~_ ~ _ ~ i~ i i z z i ~i.~ }yyyyyj ~;~j~ ~ ~ $$o~~ ~~ ~ ~ ~ ~ ~ yo~ J N ~• N ip m ry ~ n 0 ~ i ~~ m~~8p 1 ~ = ~p~~pp Q~! ~ ~ ~y ~ ~ ~y N ~ N H H N l0 ~.`~ N m N 1A ~~OO ~ 4 sos ~ 1^ a ~ ~ ~~ ~. ~ ~ ~ t b ~ ~ ~ ~ • n OJ ~ ~ h ~. h ~ N N A 10 m ~ M t p ~ ~ h ^ N _ i V U U U eepp V U U U O U U N V n U February 15, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT February 19, 2008 • ITEM NO. 6-~ REQUEST Change Order No. 13 of Contract w/ Owyhee Construction Inc. for additional water 8. Sewer Services, Additional Type "P" Permanent Asphalt Repair 8, additional Crew Time for Broadway Ave, Meridian Rd to 5th St. Utility Replacement Project for $23,130.91 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Change Order Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Ci ty of Mer idi an Pu bl ic Wor ks D ept. Memo To: Jaycee Holman; Tara Green From: Kyle Radek ~`;'~. CC: File Date: 1 /16/09 Re: Execution of Change Order No. 13 to Contract with Owyhee Construction for Broadway, Meridian to Fifth Water and Sewer The attached Change Order No. 11 to the contract with Owyhee Construction was approved for signature at the February 19~', 2008 City Council meeting but was never signed by the mayor. The change order work was performed and the project was completed. Please have the document signed and return to me. Thank you. • Page 1 01i15i2009 10:27 2083760324 OWY'HEE CONSTRUCTION Jan.l4, 2G~9 1:55PM Gl~'Y OF M>rKtIF~IAN CHANGE ORDER NU. 33 EAST tdAHt7 PROJECT NU. MERIDIAN, ID 8364,2 BATE' EFFECTNE DATE: CO~NTt~ACT CHANGE ORDER Pr~GE 02102 Nc~1018 P. 2 13 -- 0601a 1 /~6l2008 1 /25/2008 wviv ~ tvr~. i vr[: tJvvynee fiOrISXf1aC#iQn ------ - PROJECT: 6rvadway, Meridian to stn Water and Sewer The Cantra+ctor is P+ereby direc#;ed to make the #ollowing eh$nges frorrr the Contracl; Docum®nt~ ®nd Plans. Change order covers several changes to approv~c! plans including additional sewer and water services, 8dditional pavement repair, and additional crew tulle to en®bl® repair of city irrigation facilities, Norte CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TII4fES: Ori final Contract Price $ 817,56.50 Originai Cor'rtrar~Tirne: 120 Ne# changes form previous Change Orders Net changes form previous Change Orders No.~ 1 No.~, to _ (calendar days) $ 106,725.t)D q Contract Price Prior to (his Change Order: Contract Times prier to this Change Order- (calendar Days yr oars) $ 924,301.51) -120 Ne# Increase {decrease) 4f this Change Order:. Net Increase (decrease) bf this Cl~angE Order; lCalenCar Q~yS or d9tA) ~ 23.130.91 0 Contract Price with all Approvect.Change Orders: Contract Times with all Approved Change drd®rs: (caienaar nays) ~ 947,432.41 120 REC(7MMENDED: (CONSTRUCTION MANAGER) Qt,~ ~ Dra.S~tJ~( py: Kyle ek ~ ' ~,'k6 Gr,'{z _ ~ Date. ~ ~~ ~'~ / 5 APPROVED7: {CITY PU C AS1N ENT} COUNCIL APPR AL ~y: K,aith Watts ~' - ~,. ~.~`~~.~°t oF'~~~f~~~~'%,, ~ '~ ' Date: / j t ~ ' C> rate' ~~ ~ ~ ~~ y~ `~ '" APPROVED: ITY} - q~ES Bar. Mayor arvsrny de 1N rd ' By: City CI®rk, Ja}rc~e H;a ma ~ ~, a Date - ~ ' (U ~ ©ata: -Zo ~v 1 -'_ ~,~, 1`~ r, ~~~~~~~rrn n~s;~~~~~~\ 01/15'2009 10:27 2083760324 Oi~JYHEE CONSTRUCTION _.... , . . ~ ~ ~ i ~ ~ ~ ;'~ uu~waq~ei, ~Zrl1.l3t~rI1~6trrQf~1'r ~111G~ 6434 W. Gowen Rd., Bpise, ID 83749 phone: (208) 37G-2240 Fax_ (208) 376-0324 Lc~_.~ Pr~GE 01 r' 02 To: Kyle Radek From: Mike Critz F'ax: 203-89$-9551. Pages: Z including cover Phone: Z08-8G1-7]38 date: 1./1.5/2009 Re: Signature for CIO CC: Cl argent ©For R®vi~w ^ PIgaB~ Cuirxameat ^ Please Reply ^ Per Your Reggest • Comments Thank you, Mike .~ Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer CC: File, Len Grady, Keith Watts • RECEiVr:D AN 2 ; ZOQ~ Lity Of Meridian City Clerk Office Date: 1 /29/08 Re: Proposed Agenda Item for February 12, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the February 12 City Councl agenda, under Consent Agenda, for Council's consideration: Change Order Number 13, of Contract with Owyhee Construction Inc. for Additional Water and Sewer Services Additional Tvpe "P" Permanent Asphalt Repair and Additional Crew Time for the Broadway Avenue. Meridian Road to Fifth Street Utility Replacement Proiect. Recommended Council Action: The Public Works Department recommends that City Council approves Change Order Number 13 of Contract with Owyhee Construction, Inc. for Additional Water and Sewer Services, Additional Type "P" Permanent Asphalt Repair, and Additional Crew Time for Broadway Avenue, Meridian Road to Fifth Street Utility Replacement Project: for a cost of $23,130.91 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 CITY OF MERIDIAN CHANGE ORDER NO. 13 33 EAST IDAHO PROJECT NO. 0601 a MERIDIAN, ID 83642 DATE: 1/26/2008 EFFECTIVE GATE: 1/26/2008 CONTRACT CHANGE ORDER cUN t KAG ~ OR: Owyhee Construction PROJECT: Broadway, Meridian to 5th Water and Sewer The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: Change order covers several changes to approved plans including additional sewer and water services, additional pavement repair, and additional crew time to enable repair of city irrigation facilities. None CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Ori final Contract Price $ 817,576.50 Ori final Contract Time: 120 Net changes form previous Change Orders Net changes form previous Change Orders No._ 1 No.~ to _ (calendar days) $ 106,725.00 0 Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (catenoar Days or date) $ 924,301.50 120 Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (catenoar nays or crate) $ 23,130.91 0 Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (catenoar Days) $ 947,432.41 120 RECOMMENDED: (CONSTRUCTION MANAGER} By: Kyle Ra k ~ ~ ~ Oate: ~Te cd' ~ ~'~~ - APPROVED: {CITY PUR HASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Will Berg Jr. Date: Date: • • February 15, 2008 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT ITEM NO. 6-K REQUEST Cooperative Construction and Reimbursement Agreement by and Between the City of Meridian and Treehaven, LLC for Black Cat Sewer Extension and Jayker Subdivision for $233,255.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached Agreement CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: ~"' ' ~~e ~~ ~ en~ 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. • • REC~IV~D ~aN ~ ~; 2a~7 Memo amity Of 1~leridian amity Clerk O~ ce To: Will Berg; Tara Green From: Max Jensen, Engineering Technician jensenm @meridiancity.org Meridian Public Works Department 660 E. Watertower, Suite 200 Phone: 898-5500 Fax: 898-9551 CC: Len Grady, P.E., City Engineer Clint Dolsby, P.E., Staff Engineer Date: 1 /30/08 Re: Proposed Agenda Item for February 05, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the February 5, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Cooperative Construction and Reimbursement Agreement by and between the City of Meridian and Treehaven LLC (Black Cat Sewer Extension and Jayker Subdivision) Attached is a Reimbursement Agreement by and between the City of Meridian and Treehaven, LLC to share the cost of building a sewer main to be owned, operated, and maintained by the City to serve Treehaven, LLC property. The sewer lines are designed to be constructed from the intersection of Black Cat Road and Chinden north to and through Jayker Subdivision. Because Treehaven, LLC will construct the Project, City shall reimburse Treehaven, LLC in accordance with 9-1419 of the Unified Development Code in the amount of $233,255.00. Recommended Action: The Public Works Department recommends that City Council approves the Cooperative Construction and Reimbursement Agreement by and between the City of Meridian and Treehaven, LLC. Thank you for your consideration. I will send original contract for your signature upon your consideration. Please contact me if you have any questions. • Page 1 • • COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT BLACK CAT SEWER EXTENSION (18-INCH SANITARY SEWER) AND JAYKER SUBDIVISION (18-INCH and 15-INCH SANITARY SEWER) THIS AGREEMENT made this day of , 2008, by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter called "CITY," and Treehaven, LLC, hereinafter called "DEVELOPER": WITNESSETH: WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and desires to construct a sanitary sewer system to be owned, operated, and maintained by CITY to serve DEVELOPER'S property and future City of Meridian property, shown on Exhibit "A" and Exhibit "B," and has requested reimbursement for a portion of the sanitary sewer system; WHEREAS, upon recommendation of the Public Works Department, the City Council of CITY accepted and approved the proposal of DEVELOPER to construct the sanitary sewer system, subject to all conditions hereinafter provided by this Agreement; NOW THEREFORE, in consideration of the foregoing premises, CITY and DEVELOPER hereby agree: A. Pre~azation of Plans. DEVELOPER has prepared plans and specifications, drawings, instructions, bid proposal and all other contract documents for the construction and installation of sanitazy sewer system (hereinafter called "Project"), shown on Exhibit "A' and Exhibit "B," including rights-of--way, grades and elevation, and materials used in the construction and installation of said trunk sanitary sewer lines. B. Final Approval of Plans. Prior to commencement of construction, CITY shall approve or reject, in its discretion, the Project plans. CITY and DEVELOPER shalt acknowledge in writing the final plans, and said plans shall not thereafter be modified in any material way unless such modifications are approved in writing signed by CITY and DEVELOPER. COOPERATIVE CONSTRUCTION AND REIMBL'RSEMIiNT AGREEMENT • • C. Construction of the Project. 1. DEVELOPER shalt install and construct the Project in compliance with and subject to all conditions provided herein. 2. DEVELOPER shall obtain and/or provide all engineering, surveying, contract administration, and/or permanent and temporary easements necessary for the construction of the Project. 3. DEVELOPER shall undertake and/or provide all testing, sampling and other normally conducted measures far quality controUquality assurance regarding any and all installed systems. 4. CITY shall provide inspection services for the construction of the Project in accordance with CITY standards. D. Solicitation of Bids. DEVELOPER has solicited bids and published requests for bid proposals for construction of the sanitary sewer system from at least three (3) properly licensed public work contractors. DEVELOPER will award the construction to the lowest responsible bidder after obtaining concurrence from CITY of low bidder. E. Contract Terms. DEVELOPER shall provide CITY with a copy of the executed construction contract(s). All construction contracts} shall include, at a minimum, the following provisions: 1. A requirement that the contractor provide payment and performance bonds naming CITY as an additional beneficiary as required by the Public Works Contractors License Act, Chapter 19, Title 54 of the Idaho Code. 2. A requirement that the successful bidder be licensed as a public works contractor. 3. A requirement that the construction of the Project shall be in accordance with the approved designs, plans, and specifications and be Substantially Complete within six (6) months of the date of the issuance of a Notice to Proceed from the City. For the purposes of this Agreement, the term "Substantially Complete" shall mean that the Project and all components thereof can be safely used for their intended purpose(s) despite the fact that some item or items remain uncompleted. 4. A provision that the time for Substantial Completion will only be extended by (a) acts of God, (b) war, (c} delays caused by CITY, (d) weather, (e) review and/or approval processes required by outside agencies not otherwise parties to this Agreement (f) any request for extension of time approved in writing by CITY. 5. A requirement that the contractor shall maintain liability insurance insuring against bodily injury or death with limits of not less than One Million Dollars ($1,000,000.00) per person and per occurrence, and property damage with a limit of One Million Dollars COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT • ~ ($1,000,000.00) per occurrence,. Said requirement is extinguished upon acceptance of Project by City. 6. A provision that the contractor shall indemnify CITY and DEVELOPER from any and all claims by third persons arising out of the performance of the contract. 7. A provision that the contractor shall comply with all applicable laws, rules, and regulations, and that the contractor shall secure all applicable permits and pay all applicable fees. 8. A provision providing at least a one (1) year warranty on the operation and materials of the Project, which warranty shalt be assignable to CITY, to be secured by the posting of a performance bond in favor of City upon project completion in the amount often percent (] 0%) of the total Project cost. F. Conditions Precedent to Execution of Construction Contract(s). Prior to execution of any construction contract, the following conditions shall be satisfied: 1. DEVELOPER shall obtain written approval from C[TY of the form and terms of such construction contract, which approval may be withheld for any reason, including but not limited to DEVELOPER's failure to obtain a construction contract that contains the provisions required by this Agreement, but which approval shall not otherwise be unreasonably withheld. 2. Any easements required for the Project or the construction thereof shall be deeded to CITY and recorded prior to construction of the Project. G. DEVELOPER and CITY Responsibility for Costs. Because the DEVELOPER will construct oversized sanitary sewer improvements, as shown on Exhibit "A" and Exhibit "B", at the request of the CITY, it is mutually agreed that the cost of the Project will be shared as depicted in Exhibit "C," subject to actual cost verification by City. DEVELOPER shall fund 100% of the cost of the Project, estimated at $239,236.00 with reimbursement from the CITY in accordance with the provisions of this Agreement. H. Change Orders to Construction Contract. DEVELOPER shall obtain the written approval of CITY before approving any change order to the construction contract if (a) the cost of the change order will exceed one percent (1 %} of the contract price or (b) the cumulative total of all previously approved change orders exceeds ten percent (10%} of the contract price. in the event of a change order, CITY and DEVELOPER shall execute an amendment to this Agreement to record the amount of the change order to be reimbursed to DEVELOPER, if any. In the event that a change order or other amendment to the construction contract results in a cost savings, CITY and DEVELOPER shall execute an amendment to this Agreement to reflect how the cost savings will be allocated between CITY and DEVELOPER. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT • L Completion of the Project. 1. Upon final completion of the Project, DEVELOPER shall furnish to CITY written certification that the Project has been completed in accordance with the approved plans. Within fifteen (15) days after delivery of the certificate of completion, CITY shall either accept the same or provide a written itemization of those matters it reasonably finds to be non-conforming with the approved plans, in which case DEVELOPER shall promptly cause the remediation of all non-conforming matters. 2. Upon completion of the Project, DEVELOPER shall deliver to CITY comprehensive as-built drawings for the Project in both a reproducible, printed format, on both mylar and in electronic files in AutoCAD format. 3. Upon completion of the Project, DEVELOPER shall complete all paperwork necessary to assign to CITY the contractor's one (1) year warranty of the work and materials on the Project. 4. Upon completion of the Project, DEVELOPER shall represent and warrant that the Project is free and clear of all liens and encumbrances not created by or with the written consent of CITY. J. Reimbursement to DEVELOPER. 1. Estimated Total Reimbursement. Because DEVELOPER will construct the Project, CITY shall reimburse to DEVELOPER that portion of the cost allowed by City Code, after a 2.5% deduction for an administration fee, with the total reimbursement to the DEVELOPER estimated at X233,255.00. 2. Method of Payment. To receive payment, DEVELOPER will provide C[TY with a written invoice for Reimbursement. Upon receipt of such invoice, CITY will pay such invoice within thirty (30) days after receipt, provided that DEVELOPER is in compliance with all other terms and conditions of this Agreement, including, but not limited to, section J(3), below. 3. Reimbursement Payment. CITY shall make to DEVELOPER in one Reimbursement Payment. Adjustments based on actual costs incurred, where incurred pursuant to written change orders approved by CITY as set forth herein, will be allowed upon approval of such adjustments by City Council prior to DEVELOPER'S request for the first Reimbursement Payment. CITY shall make the Reimbursement Payment upon (a) DEVELOPER'S satisfactory completion of the construction of the sewer improvements; and (b) DEVELOPER'S submission to CITY proof of costs and CITY's approval of such proof as substantially conforming to the estimated costs in the proposal approved by City Council. The Reimbursement Payment shall be subject to submittal of a Letter of Credit to the City of Meridian in the amount of 10% of the total Project cost to secure the one year warranty as required of contractor in section E(9) of this Agreement. The Letter of Credit shall be released in full after a 1-year warranty period from the date of acceptance subject to any costs incurred by the City for rework or warranty issues during the 1-year warranty period. City shall notify Developer in writing of warranty COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT ~ i issues or necessity for rework and Developer shall commence work within 30 days of written notice. [f Developer fails or refuses to undertake warranty or rework within the time frame noted, City may apply letter of credit to warranty work and account for funds disbursed. The letter of credit shall not be deemed a limitation of the OFFSITE DEVELOPER'S obligation to fully warranty the Project for the one year period. K. Sanitary Sewer Lines on DEVELOPER'S Property. As a condition for CITY entering this Agreement, DEVELOPER has or will request and submit to inspections by the Public Works Department and/or the Building Department of CITY whenever a building is to be connected to any and all portions of the Project constricted and installed on and/or within DEVELOPER'S property. L. Compliance with Laws. 1. In constructing and installing the Project on and/or within its property, DEVELOPER, at its sole expense, shall comply with any and all laws, orders and regulations of Federal, State and local authorities and at DEVELOPER'S sole expense shall obtain any and all licenses or permits which may be required for or in the course of the performance of this Agreement. 2. Upon connection to the City of Meridian sanitary sewer system, DEVELOPER shall abide by all applicable CITY laws, rules and regulations pertaining to sanitary sewer systems. M. Indemnification and Insurance. DEVELOPER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or property and losses and expenses caused or incurred by DEVELOPER, its servants, agents, employees, guests, and/or business invitees, and not caused by or arising out of tortious conduct of CITY or its employees. In addition, DEVELOPER shall maintain, and specifically agrees that it will maintain, until City accepts the Project as per Section [,liability insurance in which CITY shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title b, Chapter 9 of the Idaho Code. "The limits of such insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY, and if CITY becomes liable for an amount in excess of the insurance limits herein provided, DEVELOPER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions and/or judgments for damages and/or liability to persons and/or property. DEVELOPER shall provide CITY with a certificate of insurance or other proof of insurance evidencing DEVELOPER'S compliance with the requirements of this paragraph by filing such proof of insurance with the City Clerk. In the event the insurance minimums of the Idaho Tort Claims Act are changed, CITY shall notify DEVELOPER of such change, and DEVELOPER shall immediately submit proof of compliance with the changed limit. N. No Assignment. DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT O. Remedies upon Default. 1. Default by DEVELOPER. In addition to such other remedies at law or inequity that C[TY may have, in the event DEVELOPER fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, CITY may withhold any reimbursement due to DEVELOPER hereunder until such default is corrected to the satisfaction of CITY. 2. Default byCITY. In the event CITY fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, DEVELOPER shall be entitled to all remedies available at law or in equity. P. Attorney Fees. Should either party find it necessary to employ an attorney for representation in any action seeking enforcement of any provision of this Agreement, or to recover damages for breach of this Agreement, or to resolve any disagreement as to the interpretation of this Agreement, the unsuccessful party in any final judgment. or award entered pursuant to such action shall reimburse the prevailing party for all reasonable costs, charges and expenses, including attorneys' fees expended or incurred by the prevailing party in connection therewith and in connection with any appeal, and the same may be included in such judgment or award. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. Q. Notices. Any notice desired by the parties and/or required by this Agreement shall be sent via United States Mail, registered or certified mail, postage prepaid, return receipt requested, and shall be addressed as follows: C1TY: Meridian City Engineer City of Meridian 660 E. Watertower, Suite #200 '.Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 DEVELOPER: Treehaven, LLC 3138 S. Bown Way Boise, Idaho 83716 Such notice shall be deemed delivered if and when delivery is accepted or three (3) days after deposit in the United States Mail. Either party shall have the right to change its COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT address by delivering to the other party a written notification thereof in accordance with the requirements of this section. R. Governin Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho and the ordinances of the City of Meridian. S. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. T. Entire Agreement. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to any other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. U. Definition of DEVELOPER's Property. The term "DEVELOPER's Property" in the Agreement shall mean the parcels shown on Exhibit "A" and Exhibit "B" attached hereto, and more specifically all of the property included in the Black Cat Sewer Extension and property included in the Jayker Subdivision. V. Bindin Eg_ffect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by DEVELOPER of DEVELOPER'S Property. W. Reports and Information. At such times and in such forms as the CITY may require, DEVELOPER shall furnish to CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. X. Audits and Inspections. At any time during business hours and as otten as the C1TY may deem necessary, there shall be made available to the CITY for examination all of DEVELOPER's records with respect to all matters covered by this Agreement. DEVELOPER shall permit the CITY to audit, examine, and copy such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Y. Construction and Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT DEVELOPER: Treehaven, LLC Name (printed) Signature Title Date STATE OF IDAHO ) ss County of Ada ) On this day of ,2408, before me the undersigned, a Notary Public in and for said State, personally appeared ,known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public For Idaho Residing at:_ Commission Expires: COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT ! ~ CITY: BY: TAMMY de WEERD, MAYOR Date Attest: WILLIAM G. BERG, JR., CITY CLERK STATE OF IDAHO ) ss County of Ada ) On this day of , 2008, before me the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR, known to me to be the Mayor and City Clerk of the City of Meridian, [daho, who executed the within instrument and acknowledged to me that they executed the same on behalf of the City of Meridian IN WITNESS WHEREOF, l have hereunto set my hand and affixed my official seal the day and year first above written. 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'~ i ? ~ . ii ~~ ' ~, ' i ~`° .. l~~~q .~ ~ ~~~.,~ ~ ~.m.,`,°,.,~+ a !! - ~ --- r _ ~ d ~ya~ Aga ~ i ~ ~ ~ - _ ~i;. ~ _ _ ~ - - aI ~ ~ -- ~ - ,~ - ~ F ~ I '~~~ ~~ clot ~~I ~ +' .'. a [1 ~gp t ~ ! ! 7 - - + -~ - -ram- ~ y w a, -~- - j, ~ti ~ gB ~ y~3 .a a:- ~ ~ ~ ~ its ~' ~h~[~ 1 tla~ff ~~~ i ,.,~ ~ a ~~ P~-~. 11 ~7 ! 1~ 1~ ~ ! A ~ rsa~nu~ mrow .wuc ~a m aaoop 7mr ,o ~atvaa~ aaw aona [aouao s[ o wmsa aw n a0e4Mpa o sw iaaisoa w m uamx7a nau~r n La+aw w d au[rw au m nrtcaeo ~navr tooa arum m EXHIBIT "C" DEVELOPER AND CITY RESPOSIBILTY FOR COSTS BLACK CAT SEWER EXTENSION (18-INCH SANITARY SEWER) AND JAYKER SUBDIVISION (18-INCH and 15-INCH SANITARY SEWER} Pro'ect Construction Cost DEVELOPER shall fund 100% of the cost of the Pro'ect $239,236.00 CITY 2.5% deduction for an administration fee $5,981.00 CITY Reimbursement to DEVELOPER $233,255.00 COOPERATIVE CONSTRUCTION AND REI'.~IBURSEMENT AGREEMENT i +1 February 15, 2008 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT ITEM NO. 6-L REQUEST Approval of Bid and Award of Contract with Superior Construction for Lanark Avenue North -South Water Improvements for $105,509.63 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached Bid & Contract A~V~ • ft,E~CEIV~D )AN 3 1 2007 Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer ~~ CC: File Date: 1 /31 /08 ty Of Meridian tv Clerk Office Re: Proposed Agenda Item for February 19, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the February 19 City Council agenda, under Consent Agenda, for Council's consideration: Approval of Bid and Award of Contract with Superior Construction for Lanark Avenue North - South Water Improvements 13 bids were received for this project. Superior Construction and Excavating was the low bidder at $105,509.63. The agenda item is for approval of award of the contract and approval of a standard form of contract based on that bid. Recommended Council Action: The Public Works Department recommends that City Council approves the bid and award of Lanark Avenue North -South Water Improvements contract to Superior Construction and for $105,509.63 and authorizes the mayor to sign a standard form of contract for the same . Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 • CITY OF MERIDIAN LANARK AVENUE NORTH-SOUTH WATER IMPROVEMENTS BID NOTE TO BIDDER: Use indelible ink or type when completing this form. Proposal of ~ ur~.~k'~uu oN.57rlucTioti~ "Bidder"), organized and existing under the laws of the state of o, doing business as a(n) C~~r~o~~.r:~,. To: City of Meridian Address: 33 East Idaho Ave., Meridian Idaho 83642 Project Title: Lanark Avenue North-South Water Improvements hereinafter called In compliance with the Invitation to Bid and Information for Bidders for the Lanark Avenue North-South Water Improvements, having examined the Drawings and Specifications with related documents and the site of the proposed Work, and being familiar with all conditions surrounding the proposed Project, including the availability of materials and labor, hereby propose to furnish all labor, materials and supplies and complete the Work in accordance with the Contract Documents within the time set forth therein and at the prices stated in the Bid Schedule of Items and Prices. These prices are to cover all expenses incurred in performing the Work required under the Contract Documents, of which this is a part. By submission of this Bid, each Bidder certifies, and in case of a joint Bid each party thereto certifies as to his own organization, that this Bid has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this Bid with any other Bid or with any other Bidder or with any competitor. The Bidder agrees that the Work will be completed within 60 calendar days after the date when the Contract Time commences to run. In the event the Bidder is awarded the Contract and fails to complete the work within the time limit or extended time limit agreed upon, as more particularly set forth in the Contract Documents, liquidated damages of $250.00 per calendar day will be assessed against the Contractor for each day in excess of the stated work completion time. These late damages will be subtracted from the Contractor's bid price before final payment is made. * Insert "individual'; "partnership" or "corporation" BID DOCUMENTS BD-8 • BID SCHEDULE OF ITEMS AND PRICES The following is the Bid Schedule for the Lanark Avenue North-South Water Improvements. The award will be based on the lowest Total Bid subject to the requirements of Paragraph 14 of the Information For Bidders. The unit price for each bid item shall be written in figures and words in the spaces provided. The total bid price shall be written in figures in the spaces provided. BIDDER acknowledges receipt of the following ADDENDA: Addendum No. ~ Dated: I-S~-O~ ~ , Initials: -~ Addendum No.~ Dated: / -;~ -ate initials: Addendum No. Dated: / - 3v -C~ Initials: ! ~ Addendum No. Dated: / - 3~' ~~~ Initials: ~ NOTE: BIDS shall include sales tax and other applicable taxes and fees. Quantities shown are estimated and may vary during construction. BIDDER agrees to perform all the work described in the Contract Documents for the following unit prices or lump sum. Item No. Estimated Unit Item Description Unit Price Bid Item Quanti With Unit Price Written in Words Bid Total 307.4.1.D.1. 351 LF TYPE "C" SURFACE J 17• S~' ), (cu~• S~` RESTORATION _ goat' QG<<N~zS f/rTy ~iX L',c-n/T5 Dollars 307.4.1.G.1.a 60 SY TYPE "P" SURFACE ~ J'GC /,&ZG-.CD RESTOR ATION -TEMPORARY ` /~ Ci/ N ~/ , JL"G L"N I'GLL/~/~ S G~/'C G=i/j5. Dollars 307.4.1.G.1.b 281 SY TYPE "P" SURFACE ~Z' /~ ~`' ~ /~ ~ 7 RESTORATION -PERMANENT r ~ ~ f~4'r~ /tL-~ Ui~LAr~s/I/~N~ ry J=c~=~yC~Nrr Dollars 308.4.1.6.1. 1 LS PIPE BORING AND JACKING i ' ~F~,~;-,y Ti~~uS~ti~> p~~~des 7c,~~ ~,~rs Dollars 401.4.1.A.1. 1,673 LF 10" PVC, AWWA C900, CLASS `~ pp ~`~/~Z~~~ 150, DR 18, WATER MAIN ,,11 ~o'v'i`N T~/ ,fli/A' ~/le'G.r,4'i z1:~'t. C.= ~ ~/~ Dollars BID DOCUMENTS BD-9 Item No. Estimated Unit Item Description Unit Price Bid Item Quantity (With Unit Price Written in Words) Bid Total 402.4.1.A.1. 4 EA 10" GATE VALVE ~5~~, ~,~, 7i , ~, c ~ ~ ~'L'. G-i~~ ~ousy~~p~u~e /~u~~fo~frY ~~~N,ef ZF~'~ c~NTS Dollars 706.4.1.G.1. 6 SY CONCRETE REPAIR J p. oU ,S cx? vim' Dollars SP-1 3 EA HOT TAP EXISTING WATER MAIN ~ pC~, ac ~ ~, GUU. (a0 Wa' /ffG !!SAND G~~/~S ~'L~G L~NIS Dollars SP-2 2 EA TEMPORARY SAMPLE TAP 3~G.G0 G;(;G,L}U ~~ ~Ci'/Z.~.F f~//.fiO,rl/=0 pc,CL-f1.~I5 ~~L ~.~"NTS Dollars SP-3 1 EA AUTOMATIC AIR RELEASE VALVE ~S~,~v ~SD,Co /6r/T //"~/Gifi,S-~/FTC ~~~,QS. ~,~o CF~''TS Dollars SP-4 269 LF 18"0, 3/8" THICK STEEL CASING (pZ SC ~~ ~jZ so PIPE ~ Dollars SP-5 1 EA EVANS DRAIN AND GRUBER 7~'C'~~ )w•oo LATERAL CROSSINGS S~rfN f~UNO~' ~ /~~lA~'S ZEev c~N~S Dollars SP-6 1 LS TRAFFIC CONTROL CCv', t.~` ~ L'~ti~• OU ~. ~I,fEG" ~% u`;.gnJp ~vl~s1~'S' Z=t'i ~iJ~'S Dollars BID DOCUMENTS BD-10 ~~ It N em o. Estimated Quantity Unit Item Description (With Unit Price Written in Words) Unit Price Bid Bid Item Total SP-7 1 LS STORM WATER MANAGEMENT ~~iUh Na~liS/~ivp . f.~~tiJ.t'~ Z~k'o I~NZS~ Dollars TOTAL OF BID $ f GS, ~G9 ~3 The Bidder understands that quantities listed are approximate and the Owner reserves the right to increase or decrease individual items as may be, in its sole judgment, to its best interest depending upon conditions encountered or observed during the execution of the work. Respectfully Submitt1e, d: j ignature .~ =,f ~ i/ /i= Name (printed or typed) ' ,Elil~)i/k~,~' By: Name of Company Address Res-~a~aL ID~D]-td -`1~e2~.3~ /Lri 1 ~ s,~~tc~n Title (printed or typed) /-~~,-a~ Date License Number Seal (If Bid is by a Corporation) Attest (for bids by corporations): By: Sig ture (by Corporate or Assistant Corporate Secretary) Date: __ l-30 -08' Name: ~. KY~. C~.ll~;,~.s (Typed or printed) Title: SGGrG'fS,(„f~! Firm: _~SL-pcr~or- t nnr'r~LK-1`~'.n ~-fCYt ~i,~ Business Address: ~~ ~~X ~~SS /~~//ipr,~R~ ~,9y~ ~-1~;~~ Telephone Number. ( )l~%~-.~~"~ </l!/ Fax: ( ~?~~ - fi~°~ 5 ~~% Public Works License Number: /G~4~ -~-`~l~iZ~,C~ /G; G~3i.~ < <~~>~G) Contractor's representative to contact regarding this bid:,/;~,~ir' `6` -~ BID DOCUMENTS BD-11 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of in the year 200, by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and ~neremar[er C811eq (;UN I KACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the contract Documents. The WORK is generally described as follows: Construction of approximately 1,673 LF of 10"0 PVC water main, 269 LF of 18"0 steel casing, pipe boring and jacking, miscellaneous valves, fittings, appurtenances, and surface restoration. The Project for which the Work under the Contract Documents is described as follows: Lanark Avenue North-South Water Improvements Article 2. ENGINEER The Project has been designed by Civil Survey Consultants, Inc. who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1. The Work will be completed within sixty (60) days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred Fifty dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the STANDARD FORMS SF-1 remaining Work within the Contract Time or any proper extension thereof granted by OWNER, the OWNER may withhold moneys from the contract and complete remaining work as required. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as follows: Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 25~ day of each month during construction as provided below. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in paragraph 4.1 and in the case of Unit Price Work, based on the number of units completed. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER, shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. • 100% of work completed, less percentage of retainage indicated in the Supplemental Conditions. • 100% of materials and equipment (less 5% retainage) not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 100% of the Contract Price, less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2. Frna/ Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. STANDARD FORMS SF-2 Article 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of Project. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2. CONTRACTOR has studied carefully all drawings of physical conditions which are identified in the Supplemental Conditions, as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in Article 4 of the Supplemental Conditions of the extent of the technical data contained in such drawings upon which CONTRACTOR is entitled to reply. 7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. 7.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. STANDARD FORMS SF-3 • Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement. 8.3 Performance and other Bonds. 8.4 Notice of Award. 8.5 Acceptance of Notice of Award 8.6 General Conditions. 8.7 State of Idaho Tax Reporting Requirements 8.8 Supplemental General Conditions. 8.9 Special Provisions. 8.10 Drawings. 8.11 Appendix. 8.12 Invitation To Bid. 8.13 Information for Bidders. 8.14 Addenda. 8.15 CONTRACTOR's Bid. 8.16 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.17 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Articles 11 and 12 of the General Conditions. 8.18 The documents listed in paragraph 8.2. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in Articles 11 and 12 of the General Conditions. STANDARD FORMS SF-4 • Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. STANDARD FORMS SF-5 • Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on Owner CITY OF MERIDIAN Contractor By By: 200 Name: Tammv de Weerd Mayor Name: Approved by City Council: [CORPORATE SEAL] Attest William G. Berg, Jr. City Clerk Address for giving notices 33 East Idaho Ave Meridian ID 83642 Attest [CORPORATE SEAL] Address for giving notices Public Works License No. * (if CONTRACTOR is a corporation, attach evidence of authority to sign if other than President signing) STANDARD FORMS SF-6 • Bid Abstract Lanark Ave Noprth-South Water Improvements • Superior Construction Item Description Unit Qty U nit Price I tem Total 307.4.1.D.1 TYPE C SURFACE RESTORATION LF 351 4.56 1600.56 307.4.1.G.a TYPE P SURFACE RESTORATION -TEMPORARY SY 60 27 1620 307.4.1.G.1.b TYPE P SURFACE RESTORATION -PERMANENT SY 281 42.97 12074.57 308.4.1.6.1 PIPE BORING AND JACKING LS 1 15000 15000 401.4.1.A.1 10" PVC WATER MAIN LF 1673 24 40152 402.4.1.A.1 10" GATE VALVE EA 4 1450 5800 706.4.G.1 CONCRETE REPAIR SY 6 50 300 SP-1 HOT TAP EXISTING WATER MAIN EA 3 2000 6000 SP-2 TEMPORARY SAMPLE TAP EA 2 300 600 SP-3 AUTOMATIC AIR RELEASE VALVE EA 1 850 850 SP-4 18" STEEL CASING LF 269 62.5 16812.5 SP-5 EVANS DRAIN AND GRUBER LATERAL CROSSING: EA 1 700 700 SP-6 TRAFFIC CONTROL LS 1 3000 3000 SP-7 STORM WATER MANAGEMENT LS 1 1000 1000 TOTAL 105509.63 Brown Construction 12.8 4492.8 18 1080 22 6182 21940 21940 38.5 64410.5 1425 5700 28 168 3300 9900 150 300 1143 1143 198 53262 18116 18116 6400 6400 6250 6250 199344.3 • Knife River t Price Item Total 8.56 3004.56 9.9 594 30.68 8621.08 45552.93 45552.93 26.86 44936.78 1617.73 6470.92 87.23 523.38 2752.26 8256.78 388.92 777.84 916.27 916.27 33.84 9102.96 10844.85 10844.85 1831.5 1831.5 3025 3025 'IdddSR R5 Bodiford 26 24000 23 1800 125 1900 200 1400 95 9000 3600 3200 • 7306 24000 38479 7200 750 5700 400 1400 25555 9000 3600 3200 27.05 15874 42.8 1612 50 3745 250 614 60 3262 1981 2201 7601.05 15874 71604.4 11 61 1614 326 198 • • Schmidt Construction Cascade Pipline Sommer Construction Star Construction nit Price Item Total Un it Price I tem Total U nit Price Ite m Total Un it Price It em Tot l 4.5 1579.5 1.8 631.8 10.1 3545.1 6 a 21( 17 1020 17 1020 1.1 66 37.13 2227 20 5620 22 6182 29.8 8373.8 58.38 16404. i 46500 46500 18837 18837 21362 21362 43709 437( 30.5 51026.5 28 46844 33.9 56714.7 55.95 93604.; 1380 5520 1500 6000 1473 5892 2004 801 566 3396 108 648 168 1008 150 9C 2617 7851 1700 5100 2284 6852 44 1~ 269 538 130 260 266.4 532.8 856 171 765 765 910 910 1215 1215 1205 12C 39 10491 107 28783 64.2 17269.8 44.14 11873.E 8000 8000 2200 2200 2740 2740 8163 816 1200 1200 1000 1000 1700 1700 1450 145 750 750 500 500 1120 1120 4012 401 144257 129487 118915.8 128391.2 195515.5 H2 Excavation T.A. Dibble Owyhee BittE Unit Price It em Total Uni t Price Ite m Total U nit Pric It T 1.4 491.4 7 2457 e em 5 otal Uni 1755 t Price g 0 30 1800 22 1320 20 32.2 9048.2 27.85 7825.85 23 6463 28 13150 13150 29400 29400 45000 45000 18550 20.6 34463.8 23 38479 35 58555 36 601 2404 2100 8400 1800 7200 2000 156 936 1400 8400 75 450 100 2361 7083 2800 8400 3000 9000 2500 292 584 450 900 1000 2000 200 1100 1100 3150 3150 1100 1100 800 72 19368 72 19368 22 5918 65 2000 2000 6650 6650 7200 7200 6000 900 900 1000 1000 600 600 2000 28450 28450 2900 2900 600 600 100 119978.4 1 39129.85 147161 1 1 17 1 • February 15, 2008 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT ITEM NO. 6-M REQUEST Water Main Easement Agreement for FSC /Venga Works by Venga Ventures, LLC AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: U S WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached Easement ~4~rovc Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall became property of The City of Meridian. •~ • - ~~ • ADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT .00 ~` ~ BOISE IDAHO 02/28/08 01:34 PM ` ~ RECORDEDatREOUEBT OF ~~~ IIIIIIIIIIIIIIIIIIIIIIIII~IIIIU ~~~ ' City of Meridian 10802883 I WATER MAIN EASEMENT THIS INDENTURE, made this Z3 RDday of J~1n1yA~'t , 20° ~ between Y~-~~ A Vd:Ni V(LLS t.t_C the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, inconsideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee theright- of-way for an easement for the construction, operation, muntenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose ofconstruction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water tine, Grantee shall restore the azea of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they[~i 1 not p ac~_or~la 1of~s~o!b'e~iaced_aity~ ip~enfistract~ures;.trees~brush~oT• rennia~I~hru'„bs_o we ithin the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boupdaries of any public street, tl}en, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effeFt and shall be completely relinquished. `U~tur 1lA~i+~ F~comnnt noemF ~»h. moin rtnn • ~ • ~ ~ • THE GRANTQRS do hereby, covenapt with thg Grantee that they aze lawfully seized and possesseli of the aforementioned end described tract of land, and that they have a good and lawful right to conYey said easement, and that they will warrant and forever defend the title and quiet. possession thereof agains~ the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, t~e said parties of the first part have hereunto subscribed their signatures the ~iay and year first herein above written. GRANTOR: ~~ dW ~ President r~,q-p;.~ G 1~ 3 dZ~q -1..~ Secretary STATE OF IDAHO ) ss County of Ada ) ~'Y~ On this ~ y day of 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared ~'1Q.}~. Li~~c~e(t-~ and ' ,known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above writte~t~.,~,,c~;;~Fle , o`~roq ~e~ ~. ~°90. ~~j ~Q.. rJyfjn~000 BOG ~~, ~?~~ ^fAV/I1~ ~~/^1 m~ ~~ OC `~ ~/Wl~ ~ W~ (SE~L~ ~" ~OT~~~ u`b ~ NOTARY PUBLIC FOR IDAHO °`~°"°° ~ ~ ^ Residing at ~, ~; <~ ~'FjB L~~' ~' Commission Expires: D vim`,`; _ ,G~•~ ,,, ~`~c1~ ~ }Tllator Adai~ RaCOmunt nacmf ~vfr main ilnn Page.~o~ •• CITY OF MERIDIAN ~~ Tammy de W~ rd, ~ a~ Jaycee I~Tman, f~ity Clerk Approved by Council on STATE OF IDAHO, County of Ada, ) ss. ,~ ~ ~ ~~ •~ ,~ ~ ~ ~ TAO ~~r~~ - ~, ~ 9 ~~ \; On this day of ,20~before me, the undersigned, a Notary Public in and for the State of Idaho, pe onally appeared Tammy de Weerd and Jaycee Holman, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed 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. ~~...... •• lvi• G~. '~ ~~ ~ Notary Public for Idaho • ~ ~ ~ Residing at: 1dV1(et ~ ~ ) . ~ , ~~ ~' ~ My Commission Expires: )U-( )-~) • , ~ •,~' OF ~~:•• ••~...• ~>~~~~ ~ ~ ~ ~ WATER LINE EASEMENT DESCRIPTION December 11, 2007 FSCNenga Ventures An easement located in the NE '/o of the NW '/a Section 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a 5/8" rebar with plastic cap, corner record number 102021019, marking the North Quarter Corner common to Sections l 3 and 24, Township 3 North, Range ]West of the Boise Meridian; Thence along the northerly section line of Section 24, said section line also being coincident with the centerline of West Overland Road, North 89°07'37" West, 430.33; Thence leaving said section line South 00°40'4T' West, 73.66 feet to the TRUE POINT OF BEGINNING; Thence North 89° ] 9' 13" West, 176.8 ] feet; Thence North 00°41'04" East, 4.13 feet; Thence North 89° 18'56" West, 20.00 feet; Thence South 00°41'04" West, 24.13 feet; Thence South 89° 19' 13" East, 196.81 feet; Thence North 00°40'47" East, 20.00 feet to the TRUE POINT OF BEGINNING. The easement described above contains 4,019 square feet, more or less. ~~ , -_ . , a-' •.~i5 4tt,' O d~ r.; 29 ~~~ `t z/,~o} ~o ~S Of 10~ ~4p~5 P. F~./ Aa¢e~~ • WATERLINE EASEMENT EXHIBIT An easement located in the NE ~ of the NW ~ Section 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho 2007 - '- - ~ N89'07'37"W 13 _ 430.33' ~ ~~- 24 N 1/4 CORNER N89'18'S6°W ;' •- es'~° --- --~ FOUND REBAR/PLASTIC CAP 20.00 W, OVERLAND ROAD ~ ~ ~ ~ CORNER RECORD No. - ` o ._., 102021019 v ~ •. . ~~ %; ~ 4.13 E c ...,_.~_...... ..N89'J.9_J.3_°W......;....._.._.._._.176.81' =' ~ <c~y Q~G` FO 4 ~~ ~d. 1 0729 ~. s~ )t/lt~o~- o .gy~sP.f~- 3501 W Elder Street, Spite 200 Boise, Idaho 83705 ~ (208)342-5400 (208)942-6369 Fax whpaallia.com Pleaners b}iginaers Swrv~eyora • Laadsoepe Architects ~~.~ i .~'~ .~.. : z` } SCALE: 1" = 50' LEGEND o CALCULATED POINT - SECTION LfNE - - - - - - - •- EASEMENT LINE - - RIGHT OF WAY LfNE POB~ POINT OF BEGINNING Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 2/1 /2008 Re: Proposed Agenda Items for 2/12/08 City Council Meeting r,... ~s V ~ L4~! Citgr U* iVieridian City Clerk ice The Public Works Department respectfully requests that the following items be placed on the 2/12/08 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for FSC/ Venga Works by Venga Ventures LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for FSC/ Venga Works by Venga Ventures LLC and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer Easement for FSC/ Venga Works by Venga Ventures LLC. Typical Sanitary Sewer Easement. Recommended Council Action: Approve the Sanitary Sewer Easement for FSC/ Venga Works by Venga Ventures LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • City of Meridian Public Works Dept. • Page 1 • WATER MAIN EASEMENT THIS INDENTURE, made this~3~~day of JAn1~A2ti , 20c'~ between Y~~`-'~'A ~'~ti~vR~s ~~~ the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration ofthe benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effeFt and shall be completely relinquished. \\/atnr \~Tair~ F'acumant oacmt ..qtr main ~n~ • THE GRANTQRS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof againsj the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties ofthe first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: President +~ ~ SZ~ G -~ rS ~~~ ~ l~j Secretary STATE OF IDAHO ss County of Ada ) On this ay L day of , 2(X~, before me, the undersigned, aNotary Public in and for said State, personally appeared ~XY1Cl. i'f< ~. L~~(Zk. ~~/ and known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written.. - ~: (SE~L~' ~ ~' ' ~ • ~ ' ~ ~' NOTARY PUBLIC FOR IDAHO .~-, ., ._ .. .. Residing at ~j ~ f~ ~'le C.c) (.,1. i/1 L~ ~~ _ _ - Commission Expires: ~ D - y ~ (~~")~~ `a/afar TA a:q Facnmont aacmt avtr main rlnr • GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, County of Ada ss. L_J On this day of , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHER)/OF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY' PU$LIC FOR IDAHO Residing at: Commission Expires: 117of.,r HAo:.~ Focaman~ oocm4 u,tr moan (In.~ T ~ ~ _ 'r ~ r~ WATER LINE EASEMENT DESCRIPTION December 1 I, 2007 FSC/Venga Ventures An easement located in the NE '/, of the NW '/, Section 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a S/8" rebar with plastic cap, corner record number 102021019, marking the North Quarter Comer common to Sections l 3 and 24, Township 3 North, Range 1 West of the Boise Meridian; Thence along the northerly section line of Section 24, said section line also being coincident with the centerline of West Overland Road, North 89°07'37" West, 430.33; Thence leaving said section line South 00°40'47" West, 73.66 feet to the TRUE POINT OF BEGINNING; Thence North 89°19'13" West, 176.8] feet; Thence North 00°4l'04" East, 4.13 feet; Thence North 89° I8'S6" West, 20.00 feet; Thence South 00°41'04" West, 24.13 feet; Thence South 89° 19' 13" East, 196.81 feet; Thence North 00°40'47" East, 20.00 feet to the TRUE POINT OF BEGINNING. The easement described above contains 4,019 square feet, more or less. ~,~ -.. - ~' ,,S' X29 ~y'S P. F~`j/~ • WATERLINE EASEMENT' EXHIBIT Northa Range 1 oldest d Bo seh Meridian Citye of Merid'an,1 Ada Countns Idah X007 Y. o 430.33' -~1'J`--- rQ~.- ____ ~ 24 N 1/4 CORNER N89.18 5 '°W ~ ~ FOUND REBAR/PLASTIC CAP 20.00 W, OVERLAND ROAD vI'o CORNER RECORD No. ---- -- __ ~ ~ ~I~ 102021019 ~ 4.13 ~~ o ;,~ ~ '- _ , , N89_19_13"W. .... _ 176.81.' oN~_ _ _ _-- ~POB ~ S89' 19' 13' E _ - 196.81 ° _ -` ~"' "' -' "'~ N00'40'47"E ~ 20.00 N SCALE: 1" = 50' ~~ ' ~~ PSG FO 'd~: 1 0729 ~~ ` ~s,,1Z~(f off- c `~. ~ 4Tf OF \0~~ Q' •4~/Sp,F 3501 W Elder Street, Suite 200 Bofse, Idaho 83705 (2oe)sa2-saoo (208)9{2-6363 Faz .-hpaciliacom Plaanera Engiaeera Stu~royore 1.aadacape Arcltitecta LEGEND 0 POB CALCULATED POINT SECTION L1NE EASEMENT L1NE R/GM OF WAY LINE POINT OF BEGINNING • February 15, 2008 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT ITEM NO. 6-N REQUEST Sanitary Sewer Easement Agreement for FSC /Venga Works by Venga Ventures, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached Easement CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: ~~1 vV/~ CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • ~ • . ~~C v~k ~ 80 SE~ ANO 0?J28 OSEQ1J34 PAID NAVARRO AMOUNT .00 5 ~':~ ~~,~ ~~ I DEPUTY Patti Thompson II I I I,I ~I"I I !) I I I!' II~ I ~I, I I'I,II,I) RECORDED-REQUEST OF 10$822884 ~~ ~ ~ ~ City of Meridian SANITARY SEWER EASEMENT THIS IND~NTURE, made this ~3 'day pf J A N ~ A R~ 20 b ~ between y FN ~~ ~ ~ '`' ~ u 6Z~S , `"` ~ the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the. party of the sepond part, and hereinafter called the Grantee; WITNESSETH: WI~EREAS, the Grantors desire to provide a sanitary sewer right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and . WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefts to be received by the Grantors, and other. good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all tirn~s. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY 1;TNDERSTO,OD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the azea described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, bees, brush, or perennial shrubs or flowers within the area described for this easement, .which would interfere with the use of said easement, for the C u~vpr Adoin Focamun• 9ocrnf r~vr main iinr Page~~ •~ ~ •~ ~ purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they aze lawfully Seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right tp convey'said easement, and that they will warrant and forever defend the title and quiet possession hereof against the la}vful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed the}r signatures the day and year first herein above written. G#tANTOR: M~ President M A 2-K Cs ~ L g 2~q - H Secretary STATE OF IDAHO ss County of Ada ) ~- h On this ~_ day of ~ , 20Q~ before me, the undersigned, a Notary Public in and for said State, personally apreazed _~~~ ~~~ ~1 zn~ known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHER~OF, I have hereunto set my hand and affixed my official seal the day and y~~,f~st~,bove written. w ~, ~~~ 0~9 -'(l~~ a- > ~m ~~ o~ ~ m 3}J' m .w:, a cc, rya ~{ ;; NOTA#ZY PUBLIC FOR IDAHO ~Q~ v,.y~ Z r ° ~ `' b ~ N Pi V Residing at: Lo L. _~9~,..~ ." ;`~'~c°~° Commission Expires: 1 D - 1 ~ • ~(~(~ •,~ _ ~.',~, ~ : ~ i. r is Cav~cr 1ldoin Foccmont a~cmt cyu~~r~mpo~an~`~i~/nn ~ ~r~~~J+ • CITY OF MERIDIAN Tammy de Weer , yor `~ C~ Jaycee Holman, ity Clerk Approved by Council on STATE OF IDAHO, ) ss. County of Ada, ) i • ,,,,,~„, f ,,,,,,,,,,,, / ~ ~ ~ ~~ ~~ ~ ~1~~$~ 9 ~~ ~' t ~~ ,~~~''~~ C~t1~~9a`f . ~~P ~' On this day of _ I ,2(~/", before me, the undersigned, a Notary Public in and for the State of Idaho, pers Wally appeared Tammy de Weerd and Jaycee Holman, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF day and year first above written. , I have hereunto set my hand and affixed my official seal the ••••f••• •` M. G•. SEAL; •~~ ~l~ T~9,,~',,.~i> : ~ i~ . Notary Public for Idaho ~ ~ ~ . / ~ Residing at: 1 "Q~.~d ~ 11~ '~ > : • , My Commission Expirc) ~--~ ~ ~ ~ :9 IC.-~p; ..... •~~ ~~~ ~ ~~~,~~ SANITARY SEWER EASEMENT DESCRIPTION January 7, 2008 FSC/Venga Ventures An easement located in the NE %< of the NW '/. of Section 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCIIVG at the North'/< Comer conunon to Sections 13 and 24, Township 3 North, Range 1 West of the Boise Meridian, monumented a found 5/8" rebar with plastic cap, comer record number 102021019; Thence North 89°07'37" West coincident with the northerly line of the N W '/< of Section 24, said section line also being coincident with the centerline of West Overland Road, , 392.15 feet; Thence leaving said northerly line of the NW %. of Section 24, South 00°52'08" West, 305.60 feet to the POINT OF BEGINNING; Thence South 89°07'52" East, 364.41 feet; Thence South 00°5]'15" East, 423.48 feet; Thence North 89°08'45" West, 20.00 feet; Thence North 00°S 1' 15" East, 403.48 feet; Thence North 89°07'52" West, 344.42 feet; Thence North 00°52'08" East, 20.00 feet to the POINT OF BEGINNIIVG. The easement described above contains 0.35 acres, more or less. The Basis of Bearing is NAD83, Idaho State Plane Coordinate System, Western zone. 107/29 P. F . ~ ='~ B ~ ~~,~° ~ • SANITARY SEWER EASEMENT EXHIBI T An easement located in the NE ~ of the NW ~ of Section 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho 2008 I- --- -- ____ -~ - N89'07'37"W 392.15' _.____ 13 I ~ ,~ ~i~ _~~~ °y_ W OVERLAND ROAD ~~ ~~~ ~ ~. 3~ ~ ...,_..~~.,.~..~ ~,~~ : ,~ N 1 /4 CORNER -- I --u ~~- ---.s--~.. ~ s _ _ _. Gw~. ^.....~. ~ r o ~ _.... ~ _. .. FOUND 5/8° I I, v Q ~, ~_l. ~...~ff ~ ~~ a ., ~ 7 h. REBAR/PLASTfC ~ 1 ~ r TM ~ ~ ~ ~" "' ~ ~ ~ CAP, CORNER ~ I. ~_~ t.,~ f._ l . i. _ j 1 f ~~ i 1 - , ' ~-,.f ~ ~ RECORD No. I1.._..L'..(~ ~..' i.,~.l..r:~r~.~;~~,;1,.+.~+_.~,,;.~ ~ ~ O :102021019 _ ~ ~ . ~ ~ _ ~ .~ ,~z_ ~ ! ~i,~ I N ~C.~ 1 ~ WJ,.,~, _ I hJ ~ {I~~ ( ~ s ,_=~ 1 E ~~'~ poB L'~ ~ ~ _ ~89'0TS2 E . - - 36T41_ _ ~. y ~ 1 ', ~' ._ _ .__. f 7~.. 1 _ ..... .. ~.... .,~:-: ..:... ~..:.. ~:..A .-...1 I... ... .. ...n ~_..... ... ..~~.. .._.. ...._. ~..... ..~.n aw.. ..air n... .._. .n... ...... ..~~ .._ r ~ .,_... __ ~,....._. _..._.....~ ~...., C r I I ..+ d ' ~ , .~ ...... ~__ ._ ._ ..~........ _ .. ! ~ ~i LEGEND ~~ t11- ~ f o, o ~ f ~e~ R. ~- ~ O CALCULATED POINT ~ ~ O ~ ~ ~ !~ I f - -- SECTION LINEE j + ~ - - ~ - •- -- - - F~4SEMENT L1NE ~,f !r~//o 8 ~O RIGHT OF WAY. LINE ~ 4r8 GF app ~ f POB ~ PO/NT OF BEGINNING '4b/$ P. FQ~ j ~ ~ .! ' '~~..~ 9601 W Elder Street, Salts 200 ~ anise, rdelo as~o6 ~ i ~$~,~-~ Tax i ~ wAyao!llo.oom Pfwaats lZl~tuorra 8urvsyors • Landsoaps Aro1a!!sola I ~._~ I~ 1 07 ~~y .,l#o ~~ ~~~ .: _~~T g I,j I~-. ~~ ~ .~ ,~. j~sr%i I~ ~ N ~,~~ ~a ~I (,f`l ~'I1 ti ~E~-; ~: ~ ~ ~a~l I ~^ ~~r { .. ~b ~;: zi ; ~ ~„ ~~ ,~r ~~,:~~~ ~20~~~ I ~S~f;., ~._.OZ ~ , City of Meridian Public Works Dept. Memo REC~I~~ ~~~~ ~ ~ 2007 To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 2/1/2008 Re: Proposed Agenda Items for 2/12/08 City Council Meeting City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 2/12/08 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for FSC/ Ven a Works b Ven a Ventures LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for FSC/ Venga Works by Venga Ventures LLC and authorize the Mayor to sign and City Clerk to attest. 2) Sanita Sewer Easement for FSC/ Ven a Works b Ven a Ventures LLC. Typical Sanitary Sewer Easement. Recommended Council Action: Approve the Sanitary Sewer Easement for FSC/ Venga Works by Venga Ventures LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 • • SANITARY SEWER EASEMENT THIS INDI,/NTURE, made this 23~'day pf JAN~ARI20el; between ~' ~ ~~) YF:~"~ ~•'Z~S , ~~C the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the co~.,or nay;., Rocc..,n„r gocmf cur .r.o~n rlnr • • purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession hereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ~ ~ ^-Q.~ President M A 2~ Cy i ~ 6 2E-A ~1 Secretary STATE OF IDAHO ) ss County of Ada ) On this" day of ~ r , 20~$ before me, the undersigned, a Notary Public in and for said State, personally appeared _ 1~1n~'#( ~', i' ~ ~~ ~ ~~1 and known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. `~, ,f> °' J u NOTARY PUBLIC' FOR IDAHO .. ~, v.,, _.'_., ., ` ~r ,. Residing at: ~ ~Q t a7 ~ ~., v ..j Commission Expires: J p ~ j ~ . ~~~~) Coavnr 1~Aa;n RocAmonr oac mr caa~r main ~nr • • GRANTEE: CITY QF MERIDIAN Timmy de Weerd, Mayor Attest by William G, Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) On this day of , 20 ,before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. III] WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PU$LIC FOR IDAHO Residing at: Commission Expires: eo..,o, r~~~n ~'acnm A.,f aoc..,r ~..,. ,.,~~., .~,.~ • ~, ,,. '~ . LJ SANITARY SEWER EASEMENT DESCkIPTION January 7, 2008 FSC/Venga Ventures An easement located in the NE'/. of the NW'/, of Section 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the North'/, Comer common to Sections 13 and 24, Township 3 North, Range I West of the Boise Meridian, monumented a found 5/8" rebar with plastic cap, corner record number 102021019; Thence North 89°07'37" West coincident with the northerly line of the N W '/. of Section 24, said section line also being coincident with the centerline of West Overland Road, , 392.15 feet; Thence leaving said northerly line of the NW %. of Section 24, South 00°52'08" West, 305.60 feet to the POINT OF BEGINNING; Thence South 89°07'52" East, 364.41 feet; Thence South 00°51'15" East, 423.48 feet; Thence North 89°08'45" West, 20.00 feet; Thence North 00°51' l5" East, 403.48 feet; Thence North 89°07'52" West, 344,42 feet; Thence Noah 00°52'08" East, 20.00 feet to the POINT OF BEGINNING. The easement described above contains 0.35 acres, more or less. The Basis of Bearing is NAb83, Idaho State Plane Coordinate System, Western zone. 107/29 P. ,. _ ~, , `j SANITARY SEWER EASEMENT EXHIBIT An easement located in the NE ~ of the NW ~ of Section 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho 2008 -"' ~ -- --. _ ~ •, N89'07'37"W 392.15' .___ 13 I ~- ~Q~ ! r W. OVERLAND ROAD 24 .: I ' - + ~ ~` ~ . -~..,.~. • T , _.. -=-~_ .T _ N 1/4 CORNER I ! ~ ~ ~ ! 1 (( FOUND 5/8" ~ ~ ~ ~ ~ i t ~ ~ F + REBAR/PLASTIC ! I I t~: I I r~ s I r t - r~ ;' I~ 'CAP, CORNER I ~~ ~ I' I l i l ~ l l l l l l ! I ~ ~ s RECORD No. ~`,`~'I1If.~! ~~ Il`Ii ~~~~ I~ '`lozozlols Ii . I i IL~;~' ~~ I! ; ;' t ~ ~~ ~ I li ~ + N ! ~ y ! f t,. .1 i ~ ~ 'I~ ~~ ~ l~I~+ I ~ IN n~, ~ I~ I~ ((n ., j I, l + I r ~ ` ~~ Nd0 5~'08KE I I ~ ~; , ~, POB I ~ p iI, ; I r ! ~ ,~S89'0T52"E 364.41' r' ;! !~ ~! ,I ~ ~~~~' 3442''" ~... _t'jQ± I O I , ~I ~ ~ i i~~ - "T g ~ , I I'` ~ ! r I I I I ~ ! ~`~I LEGEND ~~ ~, ! r;;1 ! N ti ! i ~I ~ '~ ^ CALCULATED POINT ~~~~ ~~ `~ I ) ~~ I I , f - - _ - - _ SECTION UNE ~ '~ O 7 2 9 ~ ( ! (• I i ~ r - - EASEMENT LINE ~ l~~r/c 9 ~ I (~ RIGHT OF WAY LINE f~r8 O~ ,p*~ , I ~f I I t~ POB~ POINT OF BEGINNING ~'4Y ~ ! ~I ~I ~~ ~S P. f~ I I ~~ I I ;'$I ~ ,$ I zI ~N I I i ! ! F 9601 W Elder street, swte zoo i ! ~ ! (~ ~ Boise, Idaho 897'06 I I : f I,! i I (aoe)~,e-too ( I " • !III I (aoa~-assa r~ I I I ~~ wApooM/o.com I I N~~.o~ L~ Plaanors ihrtao~rs 8urnyor~ yendioopo ArohJtoob I I :~ 201 f• "' I I ;I I +i • February 15, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT February 19, 2008 ITEM NO. 6-Q REQUEST Task Order 0741 for Ten Mile Road Interchange Utility Improvements with Civil Survey Consultants, Inc. for an amount not to exceed $29,320.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Task Order ApP rN~ Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~~~I ~a.R~ 3 2.Q= TASK ORDER NO. 0741 CITY OF MERIDIAN (OWNER) AND CIVIL SURVEY CONSULTANTS INC. (ENGINEER) This Task Order is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated November 8, 2006. CITY OF MERIDIAN TEN MILE ROAD INTERCHANGE UTILITY IMPROVEMENTS PURPOSE The Engineer's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Engineering Consulting Services. TASK 0741 -Design and Construction Per the City's request, the Engineer will provide professional engineering services related to the design of new water and sewer improvements to be constructed in conjunction with Idaho Transportation Department Project No. A009(815). The engineer proposes to provide the following under this scope of services: A. Water System Improvements: 1. Adjust approximately ten existing valves. 2. Adjust water mains and water services where conflicts exist with new storm drain or irrigation pipes. 3. Extend existing 12" water main in Ten Mile Road approximately 1800 LF to the south, including crossing the Kennedy Lateral. 4. Extend three existing water stubs in Ten Mile Road to the new right-of-way line. 5. Design approximately 2000 LF of water main in the new Tasa Drive. 6. Design service extensions as requested to parcels not currently on city water. 7. Design an interstate crossing as determined by the City. B. Sewer System Improvements: 1. Extend three existing sewer stubs in Ten Mile Road to the new right-of-way line. 2. Design service extensions as requested to parcels not currently on city sewer. Engineer will send a letter to each property owner with ground adjacent to the project that is not currently served by city services. The letter will advise them of the project, advise them the City will install a service stub to their property at their request, and advise them of the estimated costs that will be charged to them upon connection to the stub. The letter will also outline any permanent and temporary easement requirements to construct the proposed improvements and will include a sample easement form. A copy of the letter will be sent to the City for approval of the content and wording prior to being issued. The City will provide the Engineer with a mailing list for all property owners within the project limits. Engineer will contact property owners with an existing structure and obtain the information necessary to design the sewer main to service their existing structure. Engineer will outline any permanent and temporary easement requirements to construct the proposed improvements and will include a sample easement form. Engineer will assume that this project is for the benefit of the property owner and as such the necessary easements will be granted for no cost. Engineer will use easements granted to ITD or ACRD to the extent possible for the utility work. If a property owner requests payment for an easement Engineer will forward that request to the City for approval. Should a property owner refuse to grant any easement Engineer will design the service to end one foot short of the right-of-way line so that the service does not extend outside the roadway prism. Plans will be prepared once the City has provided Engineer with electronic AutoCAD files of the final design submittal to ITD. The City will obtain permission from ITD to use the electronic files for utility design purposes. The City will also request ITD to include utility service extensions in any easements obtained by ITD for the project. Engineer will submit the plans to ITD, ACHD and QLPE for review and approval prior to construction. Engineer will also mail a copy of the completed plan sheets to each property owner affected by the sheet, along with any required easement forms for execution. Engineer will provide the completed and recorded easement forms to the City prior to construction along with a written listing of any property owners that refused to grant an easement. Should a property owner refuse to grant an easement the service will end one foot short of the property line and a note will be placed on the plans restricting the contractors operation to the public right-of-way only. All required work to extend the water main across the Kennedy Lateral will be performed under ITD'S and/or ACHD's agreement with the Nampa-Meridian Irrigation District. Engineer will prepare one set of plans and specifications for the City's use in bidding and constructing the project. Engineer will assist the City of Meridian in advertising the project for bids, be available to answer questions during the pre bid period, attend the bid opening, and assist in the award of the contract. It will be the City's responsibility to negotiate and execute the Joint Effort Agreement for construction with ITD and/or ACHD. Engineer proposes to provide 40-scale plans on 22"x34" sheets. Plan set will include a cover sheet, general note sheet, plan and profile sheets, and city standard detail sheets. The total set is anticipated to include 10 sheets. Record drawings wil! also be prepared as per the City of Meridian Acceptance of Record/Electronic Drawings requirements dated February 7, 2007. TIME OF COMPLETION Engineering services will be completed as needed to construct improvements in conjunction with ITD Project No. A009(815) COMPENSATION The Not-To-Exceed amount for this Task Order No. 0741 is Twenty-Nine Thousand Three Hundred Twenty dollars ($29,320.00). The hourly rate for services and direct expenses is per the previously approved Prevailing Fee Schedule Effective October 1, 2006, and by this reference made a part hereof. Construction services are not covered under this Task Order. CITY OF MERIDIAN ~~ BY: ~ ~~ _ ~CC~!' TAMMY dQit~V ERD, MAYOR `~ Attest: y~ce ENGINEER BY: I OTHY A. BURG S, VICE PRESIDENT ~~~'~~ = pp ,,pp TT `G R., CITY~L ~' P '~ ~ ~,. Approved by City Council: ~'~' ~sY.;, ,~~~' ' ,~~ ~„~. (Date) • Memo FEB 0 7 40~V To: William Berg, Jr.; Tara Green From: Brent A. Blake, Engineering Technician CC: Kyle Radek, Clint Dolsby, Len Grady Date: 02/07/2008 amity Of Meridian f',;tv (;lerk Office Re: Proposed Agenda Item for February 19, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the February 19, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Task Order 0741 -Ten Mile Road Interchange Utility Improvements Civil Survey Consultants Inc. has submitted a task order, scope of work, and budget for the engineering services associated with the design of new water and sewer improvements to be constructed in conjunction with Idaho Transportation Department Project No. A009(815). They propose to complete the work for an amount not to exceed $29,320.00. This project provides engineering services for the preliminary and final design of approximately 1,800 lineal feet of new water main in Ten Mile Road, and approximately 2,000 lineal feet of new water main in the proposed Tasa Drive. This project may also involve the design of sewer service extensions to parcels not currently on Ciry Sewer. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Task Order 0741 -Ten Mile Road Interchange Utility Improvements with Civil Survey Consultants Inc. for an amount not to exceed $29,320 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. ~ Page 1 TASK ORDER NO. 0741 CITY OF MERIDIAN (OWNER) AND CIVIL SURVEY CONSULTANTS INC. (ENGINEER) This Task Order is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated November 8, 2006. CITY OF MERIDIAN TEN MILE ROAD INTERCHANGE UTILITY IMPROVEMENTS PURPOSE The Engineer's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Engineering Consulting Services. TASK 0741 -Design and Construction Per the City's request, the Engineer will provide professional engineering services related to the design of new water and sewer improvements to be constructed in conjunction with Idaho Transportation Department Project No. A009(815). The engineer proposes to provide the following under this scope of services: A. Water System Improvements: 1. Adjust approximately ten existing valves. 2. Adjust water mains and water services where conflicts exist with new storm drain or irrigation pipes. 3. Extend existing 12" water main in Ten Mile Road approximately 1800 LF to the south, including crossing the Kennedy Lateral. 4. Extend three existing water stubs in Ten Mile Road to the new right-of-way line. 5. Design approximately 2000 LF of water main in the new Tasa Drive. 6. Design service extensions as requested to parcels not currently on city water. 7. Design an interstate crossing as determined by the City. B. Sewer System Improvements: 1. Extend three existing sewer stubs in Ten Mile Road to the new right-of-way line. 2. Design service extensions as requested to parcels not currently on city sewer. • Engineer will send a letter to each property owner with ground adjacent to the project that is not currently served by city services. The letter will advise them of the project, advise them the City will install a service stub to their property at their request, and advise them of the estimated costs that will be charged to them upon connection to the stub. The letter will also outline any permanent and temporary easement requirements to construct the proposed improvements and will include a sample easement form. A copy of the letter will be sent to the City for approval of the content and wording prior to being issued. The City will provide the Engineer with a mailing list for all property owners within the project limits. Engineer will contact property owners with an existing structure and obtain the information necessary to design the sewer main to service their existing structure. Engineer will outline any permanent and temporary easement requirements to construct the proposed improvements and will include a sample easement form. Engineer will assume that this project is for the benefit of the property owner and as such the necessary easements will be granted for no cost. Engineer will use easements granted to ITD or ACHD to the extent possible for the utility work. If a property owner requests payment for an easement Engineer will forward that request to the City for approval. Should a property owner refuse to grant any easement Engineer will design the service to end one foot short of the right-of-way line so that the service does not extend outside the roadway prism. Plans will be prepared once the City has provided Engineer with electronic AutoCAD files of the final design submittal to ITD. The City will obtain permission from ITD to use the electronic files for utility design purposes. The City will also request ITD to include utility service extensions in any easements obtained by ITD for the project. Engineer will submit the plans to ITD, ACHD and QLPE for review and approval prior to construction. Engineer will also mail a copy of the completed plan sheets to each property owner affected by the sheet, along with any required easement forms for execution. Engineer will provide the completed and recorded easement forms to the City prior to construction along with a written listing of any property owners that refused to grant an easement. Should a property owner refuse to grant an easement the service will end one foot short of the property line and a note will be placed on the plans restricting the contractors operation to the public right-of-way only. All required work to extend the water main across the Kennedy Lateral will be performed under ITD'S and/or ACHD's agreement with the Nampa-Meridian Irrigation District. Engineer will prepare one set of plans and specifications for the City's use in bidding and constructing the project. Engineer will assist the City of Meridian in advertising the project for bids, be available to answer questions during the pre bid period, attend the bid opening, and assist in the award of the contract. It will be the City's responsibility to negotiate and execute the Joint Effort Agreement for construction with ITD and/or ACHD. Engineer proposes to provide 40-scale plans on 22"x34" sheets. Plan set will include a cover sheet, general note sheet, plan and profile sheets, and city standard detail sheets. The total set is anticipated to include 10 sheets. Record drawings will also be prepared as per the City of Meridian Acceptance of Record/Electronic Drawings requirements dated February 7, 2007. TIME OF COMPLETION Engineering services will be completed as needed to construct improvements in conjunction with ITD Project No. A009(815) COMPENSATION The Not-To-Exceed amount for this Task Order No. 0741 is Twenty-Nine Thousand Three Hundred Twenty dollars ($29,320.00). The hourly rate for services and direct expenses is per the previously approved Prevailing Fee Schedule Effective October 1, 2006, and by this reference made a part hereof. Construction services are not covered under this Task Order. CITY OF MERIDIAN ENGINEER ,~~" BY: I OTHY A. BURG S, VICE PRESIDENT BY: TAMMY de WEERD, MAYOR Attest: WILLIAM G. BERG, JR., CITY CLERK Approved by City Council: (Date) • • February 15, 2008 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT ITEM NO. 6-P REQUEST Sanitary Sewer and Water Main Easement Agreement for Southeast Corner Marketplace No. 1 (aka Gateway Marketplace) by James Kissler, LLC AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Easement a~~~~ Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 00 SE ~DArH0 02128 OBE01J34 p~AVA~ AMOUNT ,00 g '~ RECORDEDattREQUE8T OF ~I~ ~IIIIIIIIIIIIIIIIIIlIIL111I1 ~~~ ~~~ ~-° `~ ~ Ci1y of Meridian 1 X38022881 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of 4~D. , 20~betweenS~t'1't~s' A l~ i~.SZ~rI u;~#he parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT SW MAIN 'PaQE3 • ~ • THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures,• trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ~j~/hES ~//iJJ/t2~ CC.C President STATE OF IDAHO ) ss County of Ada ) On this ~8~ day of , 20 oa ,before me, the undersigned, a Notary Public in and for said State, ersonal appeared ~ - krLowc or ident ed to me to be the ~e~a~~- ..~. • of the •se~e~t~ that executed the within instrument, and acknowledged to me that such ~c~~ie~ executed the same. IN ~I'NE~~17/EOF, I have hereunto set my hand and affixed my official seal the day y •e~~~1 G ~ .e , Q e~~C GA Sanitary Sewer and Water Main Easement EASMT SW MAIN ~~-- CITY OF MERIDIAN ~- Tammy de W Jaycee Holman, r~ity Clerk \ \\`~111111Irl lrr~~ ,/ ~ ~ ~ nr i~ .~" ~~A~ - ~ ~~ T t 3~ • ~~ ~: ~.9 ,~P ~..~,~^` '%,~~ CITY ~ Approved by Council on : l STATE OF IDAHO, County of Ada, ) ss. On this day of ,20~~ before me, the undersigned, a Notary Public in and for the State of Idaho, pe sonally appeared Tammy de Weerd and Jayyee Holman, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed 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 ~~~~••.••~~ ~~~~ T~Q, ~~~~ otary Publi for Idaho ~ ~ •,~O ~ `.~ ~ Residing at:~ r l l~P ~ ~, 1f~ ~ '~' ~~ ~ My Commission Expires: ~('~-~ ~-~ • ~ • • `~ ~ • ~ ~ ~ • Page ~ FOX Land surveys, /nc. 1515 South Shoshone St. ~ Boise, Idaho ~ 83705 ~ 208-342-7957 ~ 208-342-7437 FAX DESCRIPTION FOR A SANITARY SEWER AND WATER MAIN EASEMENT (PHASE 1) A PORTION OF THE NORTHWEST'/s OF SECTION 4, TOWNSHIP $ NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO A Portion of the Northwest'/4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows; COMMENCING at a found Brass Cap Monument marking the Northwest comer of Section 4, from which a found Brass Cap Monument marking the North '/e Corner thereof bears South 89°49'08" East, a distance of 2,659.38 feet; thence along the Westerly boundary of Section 4, South 00°36'13° West, a distance of 1116.00 feet to a point; 2. thence South 89°51'00° East, a distance of 283.53 feet to the TRUE POINT OF BEGINNING; 3. thence continuing South 89°51'00° East, a distance of 8.51 feet to an angle point; 4. thence North 00°09'00° East, a distance of 34.50 feet to an angle point; 5. thence South 89°51`00° East, a distance of 22.98 feet to an angle point; 6. thence South 00°57'07° West, a distance of 250.27 feet to an angle point; 7. thence South 44°51'00° East, a distance of 26.81 feet to an angle point; 8. thence South 89°51'00° East, a distance of 153.16 feet to an angle point; 9. thence North 00°09'00° East, a distance of 20.21 feet to an angle point; 10. thence South 89°51'00° East, a distance of 20.00 feet to an angle point; 11. thence South 00°09'00° West, a distance of 20.21 feet to an angle point;. 12. thence South 89°51'00° East, a distance of 170.98 feet to an angle point; P ~ ~ 13. thence North 45°35'16" East, a distance of 149.42 feet to an angle point; 14. thence North 00°35'16" East, a distance of 153.58 feet to an angle point; 15. thence North 89°51'00" West, a distance of 43.30 feet to an angle point; 16. thence South 00°09'00" West, a distance of 5.49 feet to an angle point; 17. thence North 89°51'00" West, a distance of 13.50 feet to an angle point; 18. thence North 00°09'00" East, a distance of 25.49 feet to an angle point; 19. thence South 89°51'00" East, a distance of 57.28 feet to an angle point; 20. thence North 01°48'53" East, a distance of 21.75 feet to an angle point; 21. thence North 11°53'29" East, a distance of 31.69 feet to an angle point; 22. thence South 89°51'00" East, a distance of 42.24 feet to an angle point; 23. thence South 00°35'00" West, a distance of 3.89 feet to an angle point; 24. thence North 89°24'44" West, a distance of 22.55 feet to an angle point; 25. thence South 11°53'29" West, a distance of 30.29 feet to an angle point; 26. thence South 01°48'53" West, a distance of 35.02 feet to an angle point; 27. thence South 00°35'16" West, a distance of 95.20 feet to an angle point; 28. thence South 89°24'44" East, a distance of 10.17 feet to an angle point; 29. thence South 00°35'16" West, a distance of 20.00 feet to an angle point; 30. thence North 89°24'44" West, a distance of 10.17 feet to an angle point; 31. thence South 00°35'16" West, a distance of 51.22 feet to an angle point; 32. thence South 45°35'16" West,, a distance of 165.90 feet to an angle point; 33. thence North 89°51'00" West, a distance of 360.62 feet to an angle point; 34. thence North 44°51'00" West, a distance of 34.96 feet to an angle point; 35. thence North 89°51'00" West, a distance of 22.67 feet to an angle point; Page ~ o ~ W ~- - - ~~ ~ ,zz'aso ~', °'~ +72eav m, ~~ a 1Z~ pTp m(p mNT- ~ I I 1111~ 2 ~C C~~CI I I I Q ozz~ z I1~ p ~oEO ,~~o. 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Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 2/8/2008 Re: Proposed Agenda Items for 2/19/08 City Council Meeting ~~I FEB 0 ~; zoc~ ity Of Meridian itv Clerk Office The Public Works Department respectfully requests that the following items be placed on the 2/19/08 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Southest Corner Marketplace #1 aka Gateway Market Place) by James A Kissler LLC. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Southest Corner Marketplace #1(aka Gateway Market Place) by James A Kissler, LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. ~ Page 1 • • SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this day of , 20 betweenJC~~'1'tc~ A 1~~5s~.~~~ u;~{he parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND "f0 HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED. by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area oI~ the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT SW MAIN • THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 'I~HE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ~. President ~~11" %'CG /' ~~ STATE OF IDAHO ss County of Ada ) On this ~8~ day of - . 20 ox ,before me, the undersigned, a Notary Public in and for said State; ersonal appeared ~-~ ;,_, .ate known or ident ted to me to be the h~esjde -~.-~~ ~~ of the cet~ee~. that executed the within instrument, and acknowled ed to me that such c ``'` ' g ~ executed the same. IN E 1a/ ~ EOF, I have hereunto set my hand and affixed my official seal the day pra~nq~s Sanitary Sewer and Water Main Easement a ye ts~abo ten. is ~ ~ S, ~ ~t~c h' NOT RY PUBLIC FOR IDAHO ~• , ~,o * ~~o Residin f~wHO ~..•`~ Commission Expires: ~i EASMT SW MAIN • CITY OF MERIDIAN i Tammy de Weerd, Mayor Jaycee Holman, City Clerk Approved by Council on STATE OF 1DAH0, ) County of Ada, ) ss. On this day of ,20_, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and Jayyee Holman, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed 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 Notary Public for Idaho Residing at: My Commission Expires: • • FOX Land Surveys, /nc. 1515 South Shoshone St. 4 Boise, Idaho D 83705 4 208-342-7957 O 208-342-7437 FAX DESCRIPTION FOR A SANITARY SEWER AND WATER MAIN EASEMENT (PHASE 1) A PORTION OF THE NORTHWEST'/s OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO A Portion of the Northwest %, of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows; COMMENCING at a found Brass Cap Monument marking the Northwest comer of Section 4, from which a found Brass Cap Monument marking the North '/, Corner thereof bears South 89°49'08" East, a distance of 2,659.38 feet; thence along the Westerly boundary of Section 4, South 00°36'13" West, a distance of 1116.00 feet to a point; 2. thence South 89°51'00" East, a distance of 283.53 feet to the TRUE POINT OF BEGINNING; 3. thence continuing South 89°51'00" East, a distance of 8.51 feet to an angle point; 4. thence North 00°09'00" East, a distance of 34.50 feet to an angle point; 5. thence South 89°51'00" East, a distance of 22.98 feet to an angle point; 6. thence South 00°57'07" West, a distance of 250.27 feet to an angle point; 7. thence South 44°51'00" East, a distance of 26.81 feet to an angle point; 8. thence South 89°51'00" East, a distance of 153.16 feet to an angle point; 9. thence North 00°09'00" East, a distance of 20.21 feet to an angle point; 10. thence South 89°51'00" East, a distance of 20.00 feet to an angle point; 11. thence South 00°09'00" West, a distance of 20.21 feet to an angle point; 12. thence South 89°51'00" East, a distance of 170.98 feet to an angle point; • 13. thence North 45°35'16" East, a distance of 149.42 feet to an angle point; 14. thence North 00°35'16" East, a distance of 153.58 feet to an angle point; 15. thence North 89°51'00" West, a distance of 43.30 feet to an angle point; 16. thence South 00°09'00" West, a distance of 5.49 feet to an angle point; 17. thence North 89°51'00" West, a distance of 13.50 feet to an angle point; 18. thence North 00°09'00" East, a distance of 25.49 feet to an angle point; 19. thence South 89°51'00" East, a distance of 57.28 feet to an angle point; 20. thence North 01°48'53" East, a distance of 21.75 feet to an angle point; 21. thence North 11°53'29" East, a distance of 31.69 feet to an angle point; 22. thence South 89°51'00" East, a distance of 42.24 feet to an angle point; 23. thence South 00°35'00" West, a distance of 3.89 feet to an angle point; 24. thence North 89°24'44" West, a distance of 22.55 feet to an angle point; 25. thence South 11°53'29" West, a distance of 30.29 feet to an angle point; 26. thence South 01°48'53" West, a distance of 35.02 feet to an angle point; 27. thence South 00°35'16" West, a distance of 95.20 feet to an angle point; 28. thence South 89°24'44" East, a distance of 10.17 feet to an angle point; 29. thence South 00°35'16" West, a distance of 20.00 feet to an angle point; 30. thence North 89°24'44" West, a distance of 10.17 feet to an angle point; 31. thence South 00°35'16" West, a distance of 51.22 feet to an angle point; 32. thence South 45°35'16" West, a distance of 165.90 feet to an angle point; 33. thence North 89°51'00" West, a distance of 360.62 feet to an angle point; 34. thence North 44°51'00" West, a distance of 34.96 feet to an angle point; 35. thence North 89°51'00" West, a distance of 22.67 feet to an angle point; • 36. thence North 00°09'00" East, a distance of 22.09 feet to an angle point; 37. thence South 89°51'00" East, a distance of 16.83 feet to an angle point; 38. thence North 00°57'07" East, a distance of 136.68 feet to an angle point; 39. thence North 89°02'53" West, a distance of 11.00 feet to an angle point; 40. thence North 00°57'07" East, a distance of 71.08 feet to the TRUE POINT OF BEGINNING. Containing 23,787 square feet (0.546 acres) more or less. Subject to existing easements and rights-of-way as any may exist, of record or not of record. TOGETHER WITH: A Portion of the Northwest'/. of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows; COMMENCING at a found Brass Cap Monument marking the Northwest comer of Section 4, from which a found Brass Cap Monument marking the North '/. Corner thereof bears South 89°49'08" East, a distance of 2,659.38 feet; 41. thence along the Westerly boundary of Section 4, South 00°36'13" West, a distance of 1116.00 feet to a point; 42. thence South 89°51'00" East, a distance of 127.18 feet to the TRUE POINT OF BEGINNING; 43. thence continuing South 89°51'00" East, a distance of 20.00 feet to an angle point; 44. thence South 00°09'00" West, a distance of 31.50 feet to an angle point; 45. thence South 45°09'00" West, a distance of 34.14 feet to an angle point; 46. thence South 00°09'00" West, a distance of 14.61 feet to an angle point; 47. thence South 89°51'00" East, a distance of 11.25 feet to an angle point; 48. thence South 00°00'00" West, a distance of 28.98 feet to an angle point; • • 49. thence North 89°51'00" West, a distance of 11.32 feet to an angle point; 50. thence South 00°09'00" West, a distance of 127.55 feet to an angle point; 51. thence South 45°09'00" West, a distance of 27.86 feet to an angle point; 52. thence North 89°51'00" West, a distance of 35.29 feet to an angle point; 53. thence North 00°36'13" East, a distance of 20.00 feet to an angle point; 54. thence South 89°51'00" East, a distance of 26.84 feet to an angle point; 55. thence North 45°09'00" East, a distance of 11.29 feet to an angle point; 56. thence North 00°09'00" East, a distance of 171.14 feet to an angle point; 57. thence North 45°09'00" East, a distance of 34.14 feet to an angle point; 58. thence North 00°09'00" East, a distance of 23.22 feet to the TRUE POINT OF BEGINNING. Containing 5,992 square feet (0.137 acres) more or less. The total easement area of the iwo portions is 29,779 square feet (0.683 acres) more or less. Subject to existing easements and rights-of-way as any may exist, of record or not of record. Todd Waite, PLS 4999 END OF _~~.. R. TJF:taj W:~PROIECTS12007~07-033. PRJ~PROJECi~DESCRIPT[ONS1733SSH2ODESC-PHI . DOC ~ ~ 9:~ `~ ine.so~ +asev mt z ~~ ~I O ~0~~0 i I ~ i lillllt" ~ ~g~~~€ i i i i 1 0 p cv_QQO~~v iil Ilm °)mm~ ~ ~ I I ,/vy A ~ ~~~~~!~vI o~iC~C° mD~~~y~~ ~~ G~ m~r~i'~p ~o 4QoE ~2~n ~~~m~~ Z~ ~>~ NmK ~m ~m ~v ; rp 3~ oo ~~ ~~ m ooh p o2, ~' °" ~ g a n p0 0 o~»a y > Di A~ZJ > a > o $$[[ ~ A A ~ ~j m D ~ v zmo ° ~ ~~~ ~~'Q'_mfn a v ° Z Z m at .~ Q2~ s~ N _J Np U~ O L O ~_ _ J= Q u ~ O D a$ (A 1 a ~ ~ ~~ N gs ~ 'I~ m~~ m O O • uU U OnDmm~ AOAOyA 3~~0 _n °~yonym P44fy. 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O!n_ti AODm_Tm ~Fy ZZn yTZpD m~D om oiw mm omn m=af° ms ; F A;~ ~~iN o°~ rz"T-ic>i z~z~="io~>pmpmo°`cAip gs~ -'yv'~°-i ~~un~i ;zmi D~ mD~ mo ~NDO SymDm Zj ~ A D;pO pr~2 ~mZ ;ON O?Lnn~;~y~iDy~ Z<O gp? ti~rO ~mZy F~ Dc 3 n Dm mmD SO mZ~ -'~~S Tim j Aim ~yVm OOrD Zmy O~c2?2 Dmm mrOOZ TmiFry yfD yD Zm rG1° yZ ~y]I C2 .101L~ y~m2N OmZ N m ZZC DnOT ;Om oZN yADfISAOymDC mm~]Im yys ymC mOOy ~~f/i Aj my =-NN OCO y 0py ° Onn ZZAO T p ; >Z> >ODIT~p<pDDy yT~ mm ON;O mC0 Oy C pm ym; 011~7 Sy O FTC > OA pA0 AZ 9 prOZ2mDDytiym O Opn Z Z Z ;~ y~ ym O~mOm mW y yti'A Tm~^-3 ZO ~yti ~`OZmNzOAO~mOS_n m~~ Zm;A N~pD ~Q~Q_pp_ g~ ~m (~ ~y -'a Ze OS m ALr ayimy ~8n ii1i111oA r>>e~iemTOO~y3~z253y~yn9i me~Ti~ mZy gm~y p~ilop- D O~ 9 ~ ~T ~y ~ <TO ~~'Z y~ wy Z` <rymm0~>2y~ O~~i Z9~ m~ D ~02 Z _Om O A Oz ~mN 7 m Om DO m miA2 ° Du ~~j ~O ~ Cm0 ~ D p Zm A p z vi O ZO ZOy O~ m y m n< D _ 2 i Z m c ~-----~ - '~L ti v --------- '8 ~ S 00'S7'OT W 'Z}_ zso.zr --~ 2 6 OI IZs ~ ~i ,m~ $ ~ ;~ CE I ~$ I ~ ~ ' I I r Y3 I I$e I 4 ~ to.ov ~ o s oovvv w u.ovpe7MO7) S 00 09'00' ~VV 6200' • • February 15, 2008 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT ITEM NO. 6-Q REQUEST Sanitary Sewer and Water Main Easement Agreement for Gardner Ahlquist Gateway No. 2 by Gardner Ahlquist Development AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached Easement J~ ~~OJ~- Date: Phone: Tarr mmais: Materials presented at public meetings shall become property of the City of Meridian. 2 ~~~ ~ , ~~~~c~~-e-~ ~~,I ~'~,~,r 5~ ADA COUNTY RECORDER J. DAVID NA4~0 AMOUNT .00 8 801SE IDAHO 02128108 01:34 PM DEPUTY Patti Thompson II I I I II it II I I II I I Il ~ III I II I I I II I II III RECORDED-REQUEST OF 10$022882 City of Meridian SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this 7th day of February, 2008 between Gazdner Ahlquist Development, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and , WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the azea described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the azea Sanitary Sewer and Water Main Easement easmt.s&w main.doc PBgEL I O~ • described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: resident STATE OF IDAHO ss County of Ada ) On this 7th day of February , 20 08 ,before me, the dersigned, a Notary Public in and for said State, personally appeared ~~~OMaf f~v~S~ ,known or identified to me to be the President respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist abo~~~+~V~•.~ O,~ ~R Y ~s ~- ` .~ • ~~';o . O . STATE ~F.••~~ Sanitary Sewer and Water Main Easement N Y P LIC F R IDAHO Residing at: 90/ ~t. ~ f ~ pc~ /U X3713 Commission Expires: i o3 eo~o easmt.s&w main.doc P8$~®~ • • CITY OF MERIDIAN ~ /~_,. Tammy de W Jaycee Ho \\\\\`~~lillllllll//~~ ,.y ~~/ \\\~~~~ ~ lip i~~' ~~ ~• T ~ ~ ' ~O for = ~~hL = yG ~~' \` Ciry Clerk ~: O,q T t3~ • ~ ~~• .,~~ ~ ~Q. \\\`, Approved by Council on : U.~~`.1 ~ . STATE OF IDAHO, County of Ada, ) ss. On this ~-l~day of ,20_W before me, the undersigned, a Notary Public in and for the State of Idaho, pers Wally appeared Tammy de Weerd and Jaycee Holman, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed 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. SE~~y' " ~T`~ ~''~ ' 1 ~ ~'.~ ~,~-'~~'' ~ Notary Public or Id ho ~ ~ ~ Residing at: ;. S ; My Commission Expires: ': i '•, • •~~ ~,,jG,~c~• •: ~ OF ~•• ••.~... LEGAL DESCRIPTION FOR WATER EASEMENTS FOR GATEWAY NO. 2 A Easement located in the Northwest 1/4 of the Northwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise, Meridian, Ada County, Idaho being further described as follows: BASIS OF BEARINGS: The West line of the Northwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, taken as North 00°20'34" West with the distance between monuments found to be 263.01 feet. Beginning at a point from which the Northwest Section corner of Section 16, Township 3 North, Range 1 East Boise Meridian bears North 24°40'21" West a distance of 945.34 feet. thence South 89°27'53" East a distance of 20.00 feet; thence South 00°24'52" East a distance of 204.67 feet; thence South 89°51'37" West a distance of 137.95 feet; thence South 00°01'39" East a distance of 47.04 feet; thence South 90°00'00 East a distance of 373.99 feet; thence North 00°20'45" West a distance of 111.74 feet; thence South 89°28'29" East a distance of 20.00 feet; thence South 00°20'45" East a distance of 111.56 feet; thence South 90°00'00 East a distance of 98.61 feet; thence South 33°45'00" East a distance of 31.43 feet; thence South 56°15'00" West a distance of 20.00 feet; thence North 33°45'00" West a distance of 20.74 feet; thence South 90°00'00 West a distance of 34.81 feet; thence South 00°00'00 West a distance of 27.59 feet; thence North 90°00'00 West a distance of 20.00 feet; thence North 00°00'00 East a distance of 27.59 feet; thence North 90°00'00 West a distance of 40.06 feet; thence South 00°01'30" West a distance of 35.62 feet; thence North 89°58'30" West a distance of 20.00 feet; thence North 00°01'30" East a distance of 35.61 feet; thence North 90°00'00 West a distance of 117.27 feet; thence South 00°00'00 West a distance of 23.32 feet; thence North 90°00'00 West a distance of 20.00 feet; thence North 00°00'00 East a distance of 23.32 feet; thence North 90°00'00 West a distance of 209.63 feet; thence South 00°00'00 East a distance of 27.34 feet; thence North 90°00'00 West a distance of 17.55 feet; thence North 00°00'00 West a distance of 27.34 feet; thence North 90°00'00 West a distance of 22.57 feet; U:\TS-SUBS\Gardner Ahlquist Meridian Gateway\surveyllegals\LEGAL DESCRIPTION FOR WATER NO.2.doc P~~.O~g_.._. thence North 00°01'39" West a distance of 12.81 feet; thence South 89°43'37" West a distance of 80.75 feet; thence North 00°16'23" West a distance of 20.00 feet; thence North 89°43'37" East a distance of 80.83 feet; thence North 00°01'39" West a distance of 54.18 feet; thence North 89°51'37" East a distance of 137.81 feet; thence North 00°24'52" West a distance of 184.90 feet to the POINT OF BEGINNING. Said Parcel containing 24,520 square feet or 0.56 acres, more or less and is subject to all existing easements and rights-of--ways of record or implied. END OF DESCRIPTION Kenneth H. Cook, P.L.S. 9895 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 465-5687 U:\TS-SUBS\Gardner Ahlquist Meridian Gatewaylsurvey\legals\LEGAL DESCRIPTION FOR WATER No. 2.doc ~~_OI 2\ U:~TS-SUBS1Gardner Ahlquist Meridian v -. v v ~ T ~ A A ~ n O 7 tV.) m Y SUB N0.2 FINAL PLAT WATER AND N00'20'34'1N • 2653.01' BASIS OF BEARING EASEMENT.dwg S. EAGLE ROAD~ce -. ~ ~~m fA .Oe > Q .' iR ~ l ~ oD ~ O 7 N iA Im T 1~ 1~ 0 01 Q L3 ~ 1 I~ Iz IA Im Imo? I I~ Im I' m I~ I~ 1 I`n I" 1 ~L~ ~y0_0_01'39'N ~ 54.18' I L6 ~ r~ S00°01_39'E ~ 47.04' V~ [B -4 I I ~ I I I ~ I I ml N I I I V OI I ~I of ~ N~ I I 1 ~I I I I ~ OI I I I I b-------- ~ I Iy T I I I I~ m g Ig ~ ~ o I I' w z I I~, I I~ 1 ~ 1 Q..L9~ I' D of I ~L11~ I I r D o ~ I `° I I ~ 1 x i $i ~ I 1 i ~ I I I ~ ~ rn I y) I `" s < ~'~'o~'? ~, ,~p'°` .~ ~i {-i .~i O ~ m r m ~ V r ~ r (r r d W N ~ r p r fG r m r V r m r N r a r W ~- 2 m ~ W O Op R O A ~ m V Y'O O pp d r fWD O Off _ to N 0 pQ O (~ (~ ~ N W N _ N p Op O _ N W N N V ~ -+ V (V'!1 N ((V.~~ A N IV y N ~ Q pp 0 z T _ _ _ = -i D m ~ ~ o ~ N o 2 ~ ° ~ y ~ o o N 8 o g Z ~° 0 8 S 0 $ g ~ 0 $ o o 0 ° o z m o z °0 ~ o N 8 o a Z 0 Q $ o 0 g ~ g 0 g ~ Z `8 o o Z g g o ~ o g o o o ° ~ z ~ ~, ~ m ~ z m ~ ~ ~ ~ ~ T ~ ~ ~ T ~ ~ f1t T ~ ~ ~ ~ ~ G) I 1 I a I 1 m I o uz ~ ! w¢ - - ~ NQ ~~~nL- 111.74' - - -0 < I ~---, ~ ---- ~ o ~ I soo zo as E - 11 156' - ~ m z I I~ _ ¢Lts~ Iq o vl Ig ~U$ Im ~ 40 %'~ ~ WA~'EIEt ]EP,S~Iv~E1~T~ O n Y r rn~naERr~nvE SURV]EYIlVG B1Y PAAIC CkMRE WAY. SUTfF ]. NAASPA mAHO 87651 208-965-5687 ~~~ • LEGAL DESCRIPTION FOR SEWER EASEMENTS FOR GATEWAY NO.2 A Easement located in the Northwest 1/4 of the Northwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise, Meridian, Ada County, Idaho being further described as follows: BASIS OF BEARINGS: The West line of the Northwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, taken as North 00°20'34" West with the distance between monuments found to be 2653.01 feet. Beginning at a point from which the Northwest Section corner of Section 16, Township 3 North, Range 1 East Boise Meridian bears North 20°17'38" West a distance of 921.46 thence South 90°00'00 East a distance of S 1.09 feet; thence South 00°01'40" West a distance of 259.50 feet; thence South 90°00'00 East a distance of 244.20 feet; thence South 77°03'41 " East a distance of 142.19 feet; thence South 12°S6'19" West a distance of 20.00 feet; thence North 77°03'41" West a distance of 139.92 feet; thence North 90°00'00 West a distance of 408.87 feet; thence North 00°00'00 West a distance of 113.00 feet; thence South 00°00'00 East a distance of 20.00 feet; thence South 00°00'00 West a distance of 93.00 feet; thence South 90°00'00 East a distance of 126.93 feet; thence North 00°OI'40" East a distance of 239.50 feet; thence South 90°00'00 West a distance of 31.09 feet; thence North 00°01'40" East a distance of 20.00 feet to the POINT OF BEGINNING. Said Parcel containing 18,695 square feet or 0.43 acres, more or less and is subject to all existing easements and rights-of--ways of record or implied. END OF DESCRIPTION Kenneth H. Cook, P.L.S. 9895 Timberline Surveying 847 Park Centre Way, Suite 1 Nampa, Idaho 83651 (208} 465-5687 U:ITS-SUBS1Gardner Ahlquist Meridian GatewaylsurveyllegalslLEGAL DESCRIPTION FOR SEWER NO. 2.doc ~Q U:1TS-SUBS1Gardner Ahlquist Meridian Gatewayldwg'1~i71GATEWAY SUB N0.2 FINAL PLAT WATER AND S~ EASEMENT.dwg ~. n ~ T ~ a BASIS OF BEARING o° w m ao nW"W'00-W Q----- 113.00' - I IG I Q----~~o~~ -0 I I I I I I I I~ I to O c ~ I8 I Im I I~ I I.~ I I I °-' N00°01'oo'E I I I201C I r a I ~------- N00°01'40'E-2~9y50-------- -b ~ 1 °'I 1 of ~------ I f of I '--'3`bSST'~~5~3oT"---------~ I I ~~ I I ~I I ~I I I .. I I ~ ~ I n ~ I n ~ I I w o z ~° ~ m I Ig ~ s I Im s I I,; ~ I i~ $ c I ~~ x a I ~ ~ 1 I I ~ ~ ~ ~ I I ~ ~ ~~ I < ~ ~ ~ o ~ z~ ~ ~ ~ i i ~' no ~' i i Q.~- 1 ~ ~ i ~~ ~ ~ ~ o / / _,/ / SEW7E]E~ EASE~I]EI'~T~' ~ i ~A~'EdVA~ N®. 2 N00'20'34'1N - 2659.01' S. EAGLE ROAD ~' tb - - _- m ao of m ae •' ~~ n ~~~; O D P o ~' a a Im AAAAT Z Iz ~,~. ~~ o ~.~.,° 9.0~ .. ~' 0 n D r rnv~ERI,~ SURVEYING City of Meridian Public Works Dept. Memo RECEI~I To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 2/11/2008 Re: Proposed Agenda Items for 2/19/08 City Council Meeting FEB 1 1 ~~~~ L'ity Uf 1~Teridian City (`,lark C)ffirc~ The Public Works Department respectfully requests that the following items be placed on the 2/19/08 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Gardner Ahlquist Gateway #2 by Gardner Ahlquist Development. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Gardner Ahlquist Gateway #2 by Gardner Ahlquist Development and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this 7th day of February, 2008 between Gardner Ahlquist Development, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area Sanitary Sewer and Water Main Easement easmt.s&w main.doc described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: President STATE OF IDAHO ss County of Ada ) On this 7th day of February , 20 08 ,before me, the ndersigned, a Notary Public in and for said State, personally appeared _, L~~j~~e(ilal ~1~~ r5~ ,known or identified to me to be the President respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist aboy~r-+M~~'~!+•.,~_ O O~ AR Y ~* ' S ~~~ •G ~ O pVe~' ~~ z '. ••. .•'~ O~•' ~'tisTA T E ~~.•••• ~~A N RY P LIC F R IDAHO Residing at: 9oi y~. r~r~`ti S~1 R y};.,~-~- ~~~ b'-~7~ Commission Expires: /i ~'~~ r~~ c Sanitary Sewer and Water Main Easement easmt.s&w main.doc • CITY OF MERIDIAN Tammy de Weerd, Mayor Jaycee Holman, City Clerk Approved by Council on STATE OF IDAHO, County of Ada, ) ss. On this day of ,20 ,before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and Jaycee Holman, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed 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 Notary Public for Idaho Residing at: My Commission Expires: LEGAL DESCRIPTION FOR WATER EASEMENTS FOR GATEWAY NO. 2 A Easement located in the Northwest 1/4 of the Northwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise, Meridian, Ada County, Idaho being further described as follows: BASIS OF BEARINGS: The West line of the Northwest l/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, taken as North 00°20'34" West with the distance between monuments found to be 2653.01 feet. Beginning at a point from which the Northwest Section corner of Section 16, Township 3 North, Range 1 East Boise Meridian bears North 24°40'21'' West a distance of 945.34 feet. thence South 89°27'53" East a distance of 20.00 feet; thence South 00°24'52" East a distance of 204.67 feet; thence South 89°51'37" West a distance of 137.95 feet; thence South 00°01'39" East a distance of 47.04 feet; thence South 90°00'00 East a distance of 373.99 feet; thence North 00°20'45" West a distance of 111.74 feet; thence South 89°28'29" East a distance of 20.00 feet; thence South 00°20'45" East a distance of 111.56 feet; thence South 90°00'00 East a distance of 98.61 feet; thence South 33°45'00" East a distance of 31.43 feet; thence South 56°15'00" West a distance of 20.00 feet; thence North 33°45'00" West a distance of 20.74 feet; thence South 90°00'00 West a distance of 34.81 feet; thence South 00°00'00 West a distance of 27.59 feet; thence North 90°00'00 West a distance of 20.00 feet; thence North 00°00'00 East a distance of 27.59 feet; thence North 90°00'00 West a distance of 40.06 feet; thence South 00°01'30" West a distance of 35.62 feet; thence North 89°58'30" West a distance of 20.00 feet; thence North 00°01'30" East a distance of 35.61 feet; thence North 90°00'00 West a distance of 117.27 feet; thence South 00°00'00 West a distance of 23.32 feet; thence North 90°00'00 West a distance of 20.00 feet; thence North 00°00'00 East a distance of 23.32 feet; thence North 90°00'00 West a distance of 209.63 feet; thence South 00°00'00 East a distance of 27.34 feet; thence North 90°00'00 West a distance of 17.55 feet; thence North 00°00'00 West a distance of 27.34 feet; thence North 90°00'00 West a distance of 22.57 feet; U:\TS-SUBS~Gardner Ahlquist Meridian Gateway\survey\Iegalsll.EGAL DESCRIPTION FOR WATER NO. 2.doc • . thence North 00°01'39" West a distance of 12.81 feet; thence South 89°43'37" West a distance of 80.75 feet; thence North 00°16'23" West a distance of 20.00 feet; thence North 89°43'37" East a distance of 80.83 feet; thence North 00°01'39" West a distance of 54.18 feet; thence North 89°51'37" East a distance of 137.81 feet; thence North 00°24'52" West a distance of 184.90 feet to the POINT OF BEGINNING. Said Parcel containing 24,520 squaze feet or 0.56 acres, more or less and is subject to all existing easements and rights-of--ways of record or implied. END OF DESCRIPTION Kenneth H. Cook, P.L.S. 9895 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 465-5687 U:\TS-SUBS1Gardner Ahlquist Meridian Gateway\survey\IegaIsILEGAL DESCRIPTION FOR WATER NO.2.doc U:\TS-SUBS1Gardner Ahlquist Meridian Gateway\~CHIBITIGATEWAY SUB N0.2 FINAL PLAT WATER AND :~R EASEMENT.dwg V n ~J~ W a~~ T ~ A x V 7 V m m _ - - N00'20'34"W • 2653.01' BASIS Of BEARING o, ~ L3 Q I~ Iz IA I~ W Iw I~ I~ I~ Im I° Im Imo' I W L4~ ~y00°01'39'W ¢ sa.ie' ~ pS00°01_39'E L6 ~ 1 47.04' t V~ b'Cg~ I I I I I I ~I O I I ~°I I I ~I zl I ~I of I ~I $I I ~I I ~ ~I I ~I I ~ :~ ~I I I ~ ~I I b------- S7f0°~'6'f•E''F5t4.s7'------- 'N' I I T I I~ I I n I ~° c a I Ig ~ _ I i' w m I iW ~ ~ I I~ ~ s ¢ L9 "'~ I = of I ~ o ~Lt1~ ~ ~ O I ~ z I I 0 1 ~ -~ I g~ I ~ s °o I ~ I -~ m ~I I m s ~I S. EAGLE ROAD ~.m o~ m I e~.'m ' u ~~ ~ ~ I O q ~ O N W p ~ m 41 T z x ~Z o yb° d'l? ~.~oo N r1~ O ~ tD ~ OD ~ ~1 ~ O1 r to r A ~ W ~ N ~ + ~ O r t0 r m r V r Of r U r d r W ~ m W p~p' O o A ~'' ~ ~ (Q oQ 8 ~ ~4 p°op O~ c°Ji~ N pop O c,Wi+ ~ w N op O w nWj ( ~~ ~ ~ vii- ~ ~ ~i v n> ~ o g z 1 m D m w W ~ g rti ~ ~, g ~ ~ W ° g ~ ~ O $ °o ~ cpn S $ g ~ ~ O o S ~ z $ g o m ~~zpp O $ g ~ cn S ° o ~ z~ f0 ~ o ~ o 0 s ~ rri cpn 0 S ~ czcpp 0 B ~ o p `4g4~ m y 8 o gm' ~~zpp 0 S ~ zo 0 8 ~ ~z~pp 0 $ ~ z S ° ~ zo O rn ~ ~ m A ~ Vi I I c I I o L12 Q-'---~ W I I ~ NQQ•~(~y5'W.111_74_- ib - "~ N' N C w 'Q L14 _ ~ ni _ _ _ - - ~ ' m ' ' ° ~ O = I 45 E - 111.56 S00 20 I z I L16~ I~ Ig O ~ V to ~~p ~ti.LY O ~ r DISP~ .AY MAP S~®~ I orb ~ WAT~~ EASElv~l~ ~A~~wAY ~®. ~,~ ~ 0 n '~ D r r~; • LEGAL DESCRIPTION FOR SEWER EASEMENTS FOR GATEWAY NO. 2 A Easement located in the Northwest 1/4 of the Northwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise, Meridian, Ada County, Idaho being further described as follows: BASIS OF BEARINGS: The West line of the Northwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, taken as North 00°20'34" West with the distance between monuments found to be 2653.01 feet. Beginning at a point from which the Northwest Section corner of Section 16, Township 3 North, Range 1 East Boise Meridian bears North 20°17'38" West a distance of 921.46 thence South 90°00'00 East a distance of 51.09 feet; thence South 00°01'40" West a distance of 259.50 feet; thence South 90°00'00 East a distance of 244.20 feet; thence South 77°03'41" East a distance of 142.19 feet; thence South 12°56'19" West a distance of 20.00 feet; thence North 77°03'41" West a distance of 139.92 feet; thence North 90°00'00 West a distance of 408.87 feet; thence North 00°00'00 West a distance of 113.00 feet; thence South 00°00'00 East a distance of 20.00 feet; thence South 00°00'00 West a distance of 93.00 feet; thence South 90°00'00 East a distance of 126.93 feet; thence North 00°01'40" East a distance of 239.50 feet; thence South 90°00'00 West a distance of 31.09 feet; thence North 00°01'40" East a distance of 20.00 feet to the POINT OF BEGINNING. Said Parcel containing 18,695 square feet or 0.43 acres, more or less and is subject to all existing easements and rights-of--ways of record or implied. END OF DESCRIPTION Kenneth H. Cook, P.I_.S. 9895 Timberline Surveying 847 Park Centre Way, Suite 1 Nampa, Idaho 83651 (208) 465-5687 ~w ~~ ~?~39a s' ,- ~-s, U.\TS-SUBS\Gardner Ahlquist Meridian Gateway\survey\Iegals\LEGAL DESCRIPTION FOR SEWER NO. 2 doc U:\TS-SUBS\Gardner Ahlquist Meridian Gateway\dvrg\EXHIBIIIGATEWAYSOB N0.2 FINAL PLAT WATER AND SEWER EASEMENT.dwg '~"V - W y~~ A O - - - - - NO0'ZO'34'YY • 2853.01' BASIS OF BEARING ~~~~~~ Q---- 113.00' IG I i~° "~ .,.d ~ I ~_~_ I I 1 I I a 1 I$ I I~ ~ I I~ 1 .• I I~ rao•E • I IW zo' I I I I~, 1 I I~ ~ ~ g~ ¢----------~~''d3~T'f.34?.~dr----------b~ I ~~ I I ~I I I I r I I n I I ~ e I z I w m I ~ I I~ ~ x I I I. ~ a N C ~ O ~ ~ I I V ~ a I 1 ~~ 1 I '~ ~ ~ I _ ¢ ~ ~ ~~ I ! o i ~© ~y e Q~- i i ~ ~ i ~ ~ w o I J/ J I - a- S. EAGLE ROAD - - - ~ A m .~ ~ A ~ I~ ~ ~ T . Z II I~ .~ ''o' .~ o . ~~~o i 4Ni A 4/ ~ r ~j ~ 'd ~ ~ '~ w r Z m ~ , ~ `n~ m g q ~ ~1 > m iii ~ ~ m ~ ~ $ ~ 8 tr~ 1n ~ ~ Z ~~SJI LA Y ~A~ S~® I 'J Yl '. iY SEWIE~ ~ASEIV~EI~T~' z o ~~ a r M ~;~.nvE SURVEYING 89T PARR CENTRE WAY. SU71E 7. NN.~A IDAHO 896fl s • February 15, 2~8 • MERIDIAN CITY COUNCIL MEETING February 19, 2~8 APPLICANT ITEAA NO. 6-R REQUEST Agreement for Instructor Services with Sanitary Services, Co. for Community Education Instruction not to exceed $88.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See aHnched Agreement A~Pro~re OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shaft become property of the City of Meridian. • AGREEMENT FOR 1NSTRUCTOR SERVICES • THIS AGREEMENT FOR INSTRUCTOR SERVICES is made this 7th day of January , 2008, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Sanitary Services Co. ,hereinafter referred to as "CONSULTANT", whose business address is 2130 W. Franklin Rd. 83642 . INTRODUCTION Whereas, the City has a need for services involving Community Education Instruction; andp WHEREAS, the Consultant is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1, Scope of Services: 1.1 CONS~ILTANT shall perform and furnish to the City upon execution o{this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified below and in Exhibit A. a. COMMUNITY EDUCATION INSTRUCTION 1.2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; provided., however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in Page 1 of 8 • '• any manner and for any purposes whatsoever and to authorize others to do so. •~ °- 1.3 The Consultant shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Consultant represents and warrants that it will perform it's work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. 2. Consideration 2..1 The Consultant shall be compensated on a time and Materials basis as provided in "Exhibit B" below, for full and complete compensation under this agreement. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Consultant under the terms and conditions of this Agreement. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon services unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Consultants business. 4. Independent Contractor: 4.1 I:n all matters pertaining to this agreement, CONSULTANT shalt be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certifed, return receipt requested., addressed as follows: Page 2 of 8 i City of Meridian Purchasing Agen# 33 E. Idaho Avenue Meridian, Idaho 83642 Sanitary Services CO. 2130 W. Franklin Rd. 83642 Meridian. ID 83642 208-888-3999 • Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contrac# between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, #his Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. Page 3 of 8 • 12. Reports and Information: 12.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish., disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Compliance with Laws.: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 17. Termination.: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfil in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, afl finished or unfinished documents, data, and reports prepared by Page 4 of 8 CONSULTANT under this Agreement shall, at the option of the CITY, become its property; and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Advice of Attorney: Each party warrants and represents that in executing this Agreement, it has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 2'1. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. Page 5 of 8 CITY OF MERIDIAN BY: ' TAMMY de ERD, MAYOR ~~~,ww~L hrJ. G~ Cew~,a.e~,:~~~~$ Attest: ~'~~ ~'~ ~°~°~r~ ~~'' ~~' ~~L - ' ' CI~ ~L ~~~ `\` Approved as to Content BY: ~ 2 -[o ` ~ KEIT WA URCHASI:N.G AGENT Approved as to Form CITY ATTORNEY ~J L CONSULTANT a Department Approval sy: ~' Page 6 of 8 i EXHIBIT A .. - a SCOPE OF SERVICES 1. Set up class room to meet the needs of the class and participants. 2. Lead, instruct, and demonstrate the appropriate activities related to Community Education and curriculum. 3. Provide a nurturing and supportive environment that encourages participants in their efforts. 4. Complete and submit all reports and participant tracking information as required by the county fo.r this class. 5. "Community Education" classes will be sixty minutes (60) induration, one (1) classes per week and one (1) weeks per session. Page 7 of 8 EXHIBIT B CONSIDERATION Pay will be eighty (80) percent of the total revenue generated by participant's registration fees. Not-To-Exceed $88.00 Page 8 of 8 • February 15, 2008 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT ITEM NO. 6-$ REQUEST Declaration of Environmental Covenant City Hall Deed Restriction for New City Hall Site AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached A~rove. fiend ~ ~Q .~ s,9noclur~ Date: Phone: Staff Initials: Materials presented at public meetings shop become property of the City of Meridian. r ,I~L~I;~!~I~I, ~"iCliMl'd1"!I` I^Illlid;d[;~l~i''Il'~~Ili;l!~I~. ,~'II'~'~i~ ~I~~~I~G'4~,I'i~~~f'If~IC;I ~i~i p~i!4:a'~,Ip~l„~,~ J;ICI i ~C;IIC~~ I~~d4~I~Cli I;I~i~,~~i!"lli!d 'I'I I ~~~.~~-~~~ 'I,~~u~i,~,lll~~~~ ~',~~ I i'I ~~I d ~d~~d~G~l'~ ~~~~ I~ III III°I;~I~I~IpiECI;u-~ILf,;uulG~1° Cil° i~6Pl a~V VUV~o'itli~n :l ~~~~'0.~2~~1~~~~ Recording Requested By and When Recorded Return to: City Clerk City of Meridian 33 East Idaho Avenue Meridian, ID 83642 SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY DECLARATION OF ENVIRONMENTAL COVENANT This Declaration of Environmental Covenant (Declaration) made by the City of Meridian, an Idaho Municipal Corporation, ("Meridian") its successors and assigns, and the Idaho Department of Environmental Quality ("Department"), its successors and assigns, sets forth protective provisions, covenants, restrictions and conditions (collectively referred to as "Restrictions") designed to protect natural resources, human health and the environment, upon and subject to which the Property (as identified below) and every portion thereof shall be improved, used, occupied, leased, encumbered and/or conveyed Each and all of the Restrictions are imposed pursuant to the Uniform Environmental Covenants Act, Idaho Code §§ 55-3001 through 3015, and the Idaho Environmental Protection and Health Act, Idaho Code §§ 39-101 through 39-130. For purposes of this Declaration, the Department shall be a "holder" as defined in Idaho Code § 55-3002(6). Meridian and the Department agree that each and all of the Restrictions are enforceable by the Department, against Meridian or successors in interest. Ownership. Meridian is the fee simple owner of certain real property in the City of Meridian, County of Ada, State of Idaho, described as that portion of Block 1 of the Townsite of Meridian, according to the Amended Plat thereof (hereafter referred to as "the Property') and is subject to this Declaration. The Property is legally described in the attached Exhibit A. Provisions to Run With the Land. Each and all of the Restrictions shall run with the land, and pass with each and every portion of the Property, and shall apply to and bind the respective successors in interest thereof. Each and all of the Restrictions are imposed upon the entire Property unless expressly stated as applicable to a specific portion of the Property. Concurrence of Subsequent Owners Presumed. All purchasers, lessees, or possessors of any portion of the Property shall be deemed by their purchase, leasing, or possession of such Property, to be in accord with the foregoing and to agree for and among themselves, and their successors, that the Restrictions as herein established must be adhered to and that their interest in the Property shall be subject to the Restrictions contained herein. Recording/Filing of Declaration. This Declaration and any amendment or termination of the Declaration shall be recorded in the county recorder's office of every county in which any DECLARATION OF ENVIRONME~ COVENANT -Page 1 of 5 • shall be rec~dh n pde byrthe pepartment. located. The the peparfinent a ~ the peclaration ~seclarat~on S'gne rovide to ddit~on, a copy ect to this D shall p a each ion of the Pr®perty s5b Gays of receipt of Meridian this provision. In s~ (a) port of this Declaration fiance with erson Property b Meridian within f+ve () tO the fpUowing P the y s of the recording evidencing c°mp Meridian interest in the five (5) day peclaration rovided by holtling a records Prope'dy sUbjeCt to of this recorded shall be p each person of the subject to the copy recorded Declaration in possession Which the property of the of the the Declaration; (b) erson ent in The validity this that signed (c) each p local govemm artiment requires. uired under person the peclaration; ality or other as req 8ij subject to unicip erson the oep he eclaration (d) each rri any other p D reference in each and peclaration; is located; and (e) rode a COpincorporated by peclaration failure to p strictions set forth herein shall be peclaration is not affected by Re onion of the Prope~Y• developed by the Ada section. The reviously etroleum deeds and leases of any p e Prop01~y described ab becom ng contaminated with 1emented a estrictions. Th a creamet~l° and heavy metals. Meridian imp VOCs), uired because the CAP Reason for R ,s association a ounds ( the Prope1~Y County Dairymen anic comp This Declaration is req artment volatile o CAP„) on the Property, roundwater un her' as o pep duly hydrocarbons of VOCs -n soil and established by Manual (REM, corrective action Pla concentrations IpTLs) valuation in residual et Levels ( levels as determined by resulted Initial Default Targ ublished in their Risk E rotect human the Idaho IDEA) and p ..limited to p exceeding ental Qual-ty ( a be at or above risk-o ae~ Sh eepe 9 found at the Idaho of Environm concentrations m future use of the Pr P ort may be 2004). These for which of the Site Closure Rep Idaho. the Department and ent. A copy the environm Tonal Office in Boise, Meridian, and any health and vironmental Cluality, Reg of this peclaration, tires in the pepartiment of En recordation the Property, now or at any Solely tance and interest shall be Use. By accep using Restrictions on are hereby restricted fromeCtive successors in w Meridian and re o e~y is in conform-tY w-th the followin9~ successors in - forth Belo .n that use in the P p consumption or future, as set onstrati g e for human responsible for dem under the Prop - ~e pepa~-.,~ent. roundwaterrio~oWntten approval from occupied ~ Any extraction of g ermanently irrigation is prohibited without p oses or any p shall not be used for res des al pure 2, The Prope1~Y , including hotels or m "Restricted Uses:' human habitat-on 'ons on use are herein referred to as the rn former uses of the ornatura~l o-ng restncti risk t The foreg to conditions res soil w-i ch may present a osed due of VOCs in groundwater and The Restricted Uresenceimp ent at the Properry• specifically the p the environm ursuant to Idaho Co human health and consent p resources, amended by Consent. The Declaration may be Amendment b I to the Pr~Oe § 55-3010. set forth above shall app y app nt. The Restricted Usean' or its successors in in f thetPrope~y . ~pnSe fiend I p~ ark o , ~ ~y~ded por~lOn ' ~On terminaf2 Wi ~~ ~I 7~ ~ ~ ~~~ ~ ~` I ~ • • 1. The Property or any subdivided portion thereof is shown in aDepartment-approved document not to contain contaminated soils or groundwater; or 2. Contaminated soils and groundwater are remediated to levels the Department deems in writing to be adequate for the Property to be developed for unrestricted use. Thereafter, the Declaration shall then be terminated pursuant to Idaho Code § 55-3010(1). Conveyance of Property. Within thirty (30) days of the closing of any conveyance of the Property, or part thereof, the Conveyor of the Property, shall provide written notice to the Department and each municipality or other local government in which the Property is located, the name and address of all the then Owners and/or Occupants of the Property, or part thereof, conveyed. The Department shall not, by reason of this Declaration, have authority to approve, disapprove, or otherwise affect any conveyance of the Property except as otherwise provided by law. Enforcement. Failure of Meridian, or its successor in interest, to comply with any of the Restrictions set forth herein shall be grounds for the Department, or its successor, to require that the Owner modify or remove any groundwater wells constructed in violation of this Declaration. Violation of this Declaration shall be grounds for the Department, or its successor, to file civil actions against the Owner as provided by law or in equity, including without limitation, the Uniform Environmental Covenants Act, Idaho Code § 55-3011. Property Access. The Department shall have a right of access to the Property for the purposes of ensuring compliance with the Declaration and the Restricted Uses. Notices. All notices required or permitted to be given hereunder shall be in writing and mailed in the United States Mail, postage prepaid, by certified or registered mail, return receipt requested, to the appropriate address indicated below or at such other place or places as either Meridian or its successors, or the Department or its successors, may, from time to time, respectively, designate in a written notice given to the other. Notices which are deposited in the United States Mail in accordance with the terms of this provision shall be deemed received three (3) days after the date of mailing thereof. CITY OF MERIDIAN: City Clerk 33 East Idaho Avenue Meridian, ID 83642 THE DEPARTMENT: Idaho Department of Environmental Quality ATTN: Joe Nagel 1410 N. Hilton Boise, ID 83706 Costs and Expenses. All, costs of terminating this Declaration, including the cost of any remediation or abatement of any environmental condition related to restrictive uses of or pertaining to the Property, shall be borne by the party seeking such termination. Partial Invalidity. If any portion of the Declaration or terms set forth herein is determined to be invalid for any reason, the remaining portion shall remain in full force and effect as if such invalidated portion had not been included herein. DECLARATION OF ENVIRONM~AL COVENANT -Page 3 of 5 • • Headings. Headings at the beginning of each section of this Declaration are solely for the convenience of the parties and are not a part of the Declaration. Idaho Code References. All references to the Idaho Code sections include successor provisions. Reservation of Rights. Notwithstanding any provision of this Declaration, the Department retains all of its access and enforcement authorities under any applicable statute or rule. Nothing in this Declaration shall affect the Department's ability to enforce the terms of any voluntary consent order or other agreement relating to remediation of the Property entered into between the Department and Meridian or any other responsible party. Nothing in this Declaration shall affect the obligations of Meridian or any other responsible party under such voluntary consent order or other agreement. The Department's acceptance hereunder is based upon the information presently known or available to the Department with respect to the environmental condition of the Property, and the Department reserves the right to take appropriate action under applicable authorities in the event the Department determines new information warrants such action. Effective Date. The effective date of this Declaration shall be the date of signature by the Department. ACCEPTED: Idaho Department of Environmental Quality -Holder Signature: Printed Name Title: Date: Toni Hardesty Director, Idaho Department of Environmental Quality State of Idaho ) ss. County of Ada ) On this ~ 1 day of I 1 ~ G 2008, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Toni Hardesty, known or identified to me to be the Director of the Idaho Department of Environmental Quality that executed this Declaration of Environmental Covenant, and acknowledged to me that the Idaho Department of Environmental Quality executed the same. IN WITNESS WH~•;'~i~ereunto set may hand and affixed my official seal the day and year first abov~t-vi`I ~• e'1~, •. (SEAL) m ~, ®® ~~~ LaC m ~ e Notary Public fcX Idaho ~ n p ~®p~ '• a '• •.• .° Residing at: I) r ~ ~,X C~ Ct~~ ®°° 9~ ~°•°•••~•'®o •°° Commission Expires: I~3U-®`~ °. 8 4- °®. °°°,,O'•Onn aN ~~'° DECLARATION OF ENVIRONMENTAL COVENANT -Page 4 of 5 • ~ • CITY OF MERIDIAN ;l d By. Tammy de Weer Printed: Its: Mayor ,,,,,,~,,:.~,.,, Date: °`` ~ `'° °`,` - ` °,s~i o° ~ ~` i _ ~ ATTEST: r City Cle~.k "~ ~ , J(Pdl ~ i °d~~~~wo~`--raaat -~ooN~~~4~`,~ STATE OF IDAHO, ) ss. County of Ada ) the undersigned, a da of ~ rr 2008, before me, de Weerd and William G. On this y ersonally appeared Tammy Notary Public in and for said State, p Clerk, respectively, of the City of Meridian, Berg, Jr., known to me to be the Mayor and City and who executed the within instrument, and acknowledged to me that the City of Idaho, Meridian executed the same. ....~,rrw-000 ~IUF-IFREOF. I have hereunto set my hand and affixed my official seal the Notary Public or I aho Residing at: d~' Commission Expires: 1 ` 1 t DECLARATION OF ENVIRONMENTAL COVENANT -Page 5 of 5 • • EXHIBIT A LEGAL t)ESCRIFfION: Parcel I: Lots 1 through 9 in Block i of the Townsite of Meridian, according th the Amended plat thereof, fried In Book 2 of Piaks at Page 61, Records of Ada County, Idaho. Also InClUding: A parcel being part of the agey adjacent to Lots 1 through 9 and Lots 22 through 30 of the Amended Piat of Block No. i of the Townsite of Meridian, as shown In Book 2 of Plats at Page 61, in the offtte of the Recorder, Ada County, Idaho, and being located in the Southwest Quarter of Section 7, of Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as evidenced by Vacation and Abandonment, recorded June i, 2006, as Instrument No. 106085913, and more particuiarly described as follows: Commencing at a brass cap monument marking the Northwest corner of said Southwest Quarter (1/4 corner), from which a brass cap monument markng the Southwest comer of said Southwest Quarter (section corner}, bears South 0°17'15° West a distance of 265258 feet; thence South 0°17'15" West along the Westerly boundary of said Southwest Quarter a distance of 866.45 feet to a point; thence leaving said Westerly boundary South 89°48'49" East a distance of 40.00 feet to the Northwest corner of said Lot i of the Amended Plat of Biock No.1 of the Townsite of Meridian and the POINT OF BEGINNING; thence Narth 0°17'15" East along the Easterly right of way of N. Meridian Road a distance of 16.00 feet to a point marking the Southwest corner of said Lot 30; thanes South 89°48'49° East along the Southerly boundary of said Lot 22 through 30 a distance fo 266.13 feet to a point marking the Southeast corner of said Lot 22; thence South 0°17'15" West a distance of 16.00 feet th a point marking the Northeast comer of said tot 9; thence North 89°48'49° West along the Northerly boundary of said Lvts 1 through 9 a distance of 266.13 feet to the POINT OF BEQNNING. Parcel II; Lots Z3 through 30 in Bk-ck 1 of the Townsite of Meridian, according to the Amended plat thereof, flied in Book 2 of Plats at Page 61, Records of Ada County, Idaho. Parcel III: That portion of the now vacated Ralroad Avenue, lying between Lots i through 9 and the North line of the ra~road right of way, according to the Amended plat in BWck i of the Townsite of Meridian, fled in Book 2 of Plats at Page 61, Records of Ada County, Idaho. Parcel IV: -- Together witi- those easement rights as set forth in Easement Agreements, recorded July 26,1979, as Instrument No.'s 7941053 ~d 7441054, Remrds of Ada County, Idaho. Parcel V: Lot 22 in Block 1 of the Townsite of Meridian, according to the Amended plat thereof,.flled in Book 2 of Plats at Page 61, Records of Ada County, Idaho. . Page 1 of 1 Tara Green From: Ted Baird Sent: Wednesday, February 13, 2008 3:34 PM To: Tara Green Cc: Bill Nary Subject: Declaration of Environmental Covenant City Hall Deed Restriction 02 13 08 Follow Up Flag: Follow up Flag Status: Green Attachments: Declaration of Environmental Covenant City Hall Deed Restriction 02 13 08.doc An earlier version of this document was approved on the 02/12/08 Consent Agenda. We just heard from DEQ that they want different language under "Restrictions on Use" item #1. Please submit this updated version for approval on the Consent Agenda for 02/19/08 and destroy the prior version as it will be superseded by the document attached to this email. You can submit this email with the agenda item as the explanation for its re-appearance on the agenda. Thank you. 2/15/2008 Recording Requested By and When Recorded Return to: City Clerk City of Meridian 33 East Idaho Avenue Meridian, ID 83642 SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY DECLARATION OF ENVIRONMENTAL COVENANT This Declaration of Environmental Covenant (Declaration) made by the City of Meridian, an Idaho Municipal Corporation, ("Meridian") its successors and assigns, and the Idaho Department of Environmental Quality ("Department"), its successors and assigns, sets forth protective provisions, covenants, restrictions and conditions (collectively referred to as "Restrictions") designed to protect natural resources, human health and the environment, upon and subject to which the Property (as identified below) and every portion thereof shall be improved, used, occupied, leased, encumbered and/or conveyed Each and all of the Restrictions are imposed pursuant to the Uniform Environmental Covenants Act, Idaho Code §§ 55-3001 through 3015, and the Idaho Environmental Protection and Health Act, Idaho Code §§ 39-101 through 39-130. For purposes of this Declaration, the Department shall be a "holder' as defined in Idaho Code § 55-3002(6). Meridian and the Department agree that each and all of the Restrictions are enforceable by the Department, against Meridian or successors in interest. Ownership. Meridian is the fee simple owner of certain real property in the City of Meridian, County of Ada, State of Idaho, described as that portion of Block 1 of the Townsite of Meridian, according to the Amended Plat thereof (hereafter referred to as "the Property") and is subject to this Declaration. The Property is legally described in the attached Exhibit A. Provisions to Run With the Land. Each and all of the Restrictions shall run with the land, and pass with each and every portion of the Property, and shall apply to and bind the respective successors in interest thereof. Each and all of the Restrictions are imposed upon the entire Property unless expressly stated as applicable to a specific portion of the Property. Concurrence of SubseQUent Owners Presumed. All purchasers, lessees, or possessors of any portion of the Property shall be deemed by their purchase, leasing, or possession of such Property, to be in accord with the foregoing and to agree for and among themselves, and their successors, that the Restrictions as herein established must be adhered to and that their interest in the Property shall be subject to the Restrictions contained herein. Recordin4/Filinca of Declaration. This Declaration and any amendment or termination of the Declaration shall be recorded in the county recorder's office of every county in which any DECLARATION OF ENVIRONMENTAL COVENANT -Page 1 of 5 • portion of the Property subject to the Declaration is located. The Declaration shall be recorded by Meridian within five (5) days of receipt of this Declaration signed by the Department. Within five (5) days of the recording of this Declaration Meridian shall provide to the Department a copy of this recorded Declaration evidencing compliance with this provision. In addition, a copy of the recorded Declaration shall be provided by Meridian to the following persons: (a) each person that signed the Declaration; (b) each person holding a recorded interest in the Property subject to the Declaration; (c) each person in possession of the Property subject to the Declaration; (d) each municipality or other local government in which the Property subject to the Declaration is located; and (e) any other person the Department requires. The validity of the Declaration is not affected by failure to provide a copy of the Declaration as required under this section. The Restrictions set forth herein shall be incorporated by reference in each and all deeds and leases of any portion of the Property. Reason for Restrictions. The Property described above was previously developed by the Ada County Dairymen's Association as a creamery, becoming contaminated with petroleum hydrocarbons, volatile organic compounds (VOCs), and heavy metals. Meridian implemented a corrective action plan ("CAPn) on the Property. This Declaration is required because the CAP resulted in residual concentrations of VOCs in soil and groundwater underlying the Property exceeding the Idaho Initial Default Target Levels (IDTLs) established by the Idaho Department of Environmental Quality (IDEA) and published in their Risk Evaluation Manual (REM, July 2004). These concentrations may be at or above risk-based screening levels as determined by the Department and for n~icA coureof the Site Closuee Reportbmay bef oundrat the Idaho health and the environm PY Department of Environmental Quality, Regional Office in Boise, Idaho. Restrictions on Use. By acceptance and recordation of this Declaration, Meridian, and any successors in interest, are hereby restricted from using the Property, now or at any time in the future, as set forth below. Meridian and respective successors in interest shall be solely responsible for demonstrating that use in the Property is in conformity with the following: 1. Any extraction of groundwater from under the Property for human consumption or irrigation is prohibited without prior written approval from the Department. 2. The Property shall not be used for residential purposes or any permanently occupied human habitation (including hotels or motels). The foregoing restrictions on use are herein referred to as the "Restricted Uses." The Restricted Uses are imposed due to conditions resulting from former uses of the Property, specifically the presence of VOCs in groundwater and soil which may present a risk to natural resources, human health and the environment at the Property. Amendment by Consent. The Declaration may be amended by consent pursuant to Idaho Code § 55-3010. Termination by Consent. The Restricted Uses set forth above shall apply to the Property, or any subdivided portion thereof, unless Meridian, or its successors in interest, applies to the Department to have this Declaration terminated with respect to all or part of the Property and: DECLARATION OF ENVIRONMENTAL COVENANT -Page 2 of 5 • • 1. The Property or any subdivided portion thereof is shown in aDepartment-approved document not to contain contaminated soils or groundwater; or 2. Contaminated soils and groundwater are remediated to levels the Department deems in writing to be adequate for the Property to be developed for unrestricted use. Thereafter, the Declaration shall then be terminated pursuant to Idaho Code § 55-3010(1). Conveyance of Property. Within thirty (30) days of the closing of any conveyance of the Property, or part thereof, the Conveyor of the Property, shall provide written notice to the Department and each municipality or other local government in which the Property is located, the name and address of all the then Owners and/or Occupants of the Property, or part thereof, conveyed. The Department shall not, by reason of this Declaration, have authority to approve, disapprove, or otherwise affect any conveyance of the Property except as otherwise provided by law. Enforcement. Failure of Meridian, or its successor in interest, to comply with any of the Restrictions set forth herein shall be grounds for the Department, or its successor, to require that the Owner modify or remove any groundwater wells constructed in violation of this Declaration. Violation of this Declaration shall be grounds for the Department, or its successor, to file civil actions against the Owner as provided by law or in equity, including without limitation, the Uniform Environmental Covenants Act, Idaho Code § 55-3011. Property Access. The Department shall have a right of access to the Property for the purposes of ensuring compliance with the Declaration and the Restricted Uses. Notices. All notices required or permitted to be given hereunder shall be in writing and mailed in the United States Mail, postage prepaid, by certified or registered mail, return receipt requested, to the appropriate address indicated below or at such other place or places as either Meridian or its successors, or the Department or its successors, may, from time to time, respectively, designate in a written notice given to the other. Notices which are deposited in the United States Mail in accordance with the terms of this provision shall be deemed received three (3) days after the date of mailing thereof. CITY OF MERIDIAN: City Clerk 33 East Idaho Avenue Meridian, ID 83642 THE DEPARTMENT: Idaho Department of Environmental Quality ATTN: Joe Nagel 1410 N. Hilton Boise, ID 83706 Costs and Expenses. All costs of terminating this Declaration, including the cost of any remediation or abatement of any environmental condition related to restrictive uses of or pertaining to the Property, shall be borne by the party seeking such termination. Partial Invalidity. If any portion of the Declaration or terms set forth herein is determined to be invalid for any reason, the remaining portion shall remain in full force and effect as if such invalidated portion had not been included herein. DECLARATION OF ENVIRONMENTAL COVENANT -Page 3 of 5 Headings. Headings at the beginning of each section of this Declaration are solely for the convenience of the parties and are not a part of the Declaration. Idaho Code References. All references to the Idaho Code sections include successor provisions. Reservation of Rights. Notwithstanding any provision of this Declaration, the Department retains all of its access and enforcement authorities under any applicable statute or rule. Nothing in this Declaration shall affect the Department's ability to enforce the terms of any voluntary consent order or other agreement relating to remediation of the Property entered into between the Department and Meridian or any other responsible party. Nothing in this Declaration shall affect the obligations of Meridian or any other responsible party under such voluntary consent order or other agreement. The Department's acceptance hereunder is based upon the information presently known or available to the Department with respect to the environmental condition of the Property, and the Department reserves the right to take appropriate action under applicable authorities in the event the Department determines new information warrants such action. Effective Date. The effective date of this Declaration shall be the date of signature by the Department. ACCEPTED: Idaho Department of Environmental Quality -Holder Signature: Printed Name Title: Date: Toni Hardesty Director, Idaho Department of Environmental Quality State of Idaho ) ss. County of Ada ) On this day of 2008, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Toni Hardesty, known or identified to me to be the Director of the Idaho Department of Environmental Quality that executed this Declaration of Environmental Covenant, and acknowledged to me that the Idaho Department of Environmental Quality executed the same. IN WITNESS WHEREOF, I have hereunto set may hand and affixed my official seal the day and year first above written. (SEAL) Notary Public for Idaho Residing at: Commission Expires: _ DECLARATION OF ENVIRONMENTAL COVENANT -Page 4 of 5 CITY OF MERIDIAN By: 1 Printed: Tammy de Weerd Its: Mayor Date: ATTEST: STATE OF IDAHO, ) ss. County of Ada ) t```~~{4illllt//pJ,; q\ (` e t s f ~./ yr:, City Clerk __ t~' - MCArI _ ~. e _ _ _ .._ ~ _~. ~/~ ~ j -J; l,: On this day ofd 2008, before me, the undersigned, a Notary Public in and for said State, personal) appeared Tammy de Weerd and ~G ~pyC'~G r., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, }~p~ (YtQIY'~ Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, day and year first above written. (SEAL); a ~' '~'' `, . ~ ~ . ,~ `, •~a~~• I have hereunto set my hand and affixed my official seal the ~, ~ Notary Public or I aho Residing at: Commission Expires: DECLARATION OF ENVIRONMENTAL COVENANT -Page 5 of 5 EXHIBIT A LEGAL DF_SCRIPTION: Parcel I: Lots 1 through 9 in Block 1 of the Townsite of Meridian, according to the Amended plat thereof, filed in Book 2 of Plats at Page 61, Records of Ada County, Idaho. Also including: A parcel being part of the agey adjacent to Lots 1 through 9 and Lots 22 through 30 of the Amended Plat of Block No. i of the Townsite of Meridian, as shown to Baok Z of Plats at Page 61, in the office of the Recorder, Ada County, Idaho, and being located in the Southwest Quarter of Section 7, of Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as evidenced by Vacation and Abandonment, recorded June 1, 2006, as Instrument No. 106086913, and more particularly described as follows: Commencing at a brass cap monument marking the Northwest corner of said Southwest Quarter {3/4 corner), from which a brass cap monument marking the Southwest comer of said Southwest Quarter {section corner), bears South 0°17'],5" West a distance of 265258 feed thence South 0°17'15° West along the Westerly boundary of said Southwest Quarter a dLStance of 866.45 feet to a point; thence leaving said Westerly boundary South 89°48'49" East a distance of 40.00 feet to the Northwest corner of said Lot i of the Amended Plat of Block No. 1 of the Townsite of Meridian and the POINT OF BEGINNING; thence North 0°17'15" East along the Easterly right of way of N. Meridian Road a distance of 16.00 feet to a point marking the Southwest corner of said Lot 30; thence South 89°48'49° East along the Southerly boundary of said Lot 2Z through 30 a distance fo 266.13 feet to a point marking the Southeast comer of said Lot 22; thence South 0°17'15" West a distance of 16.00 feet to a point marking the Northeast comer of said Lot 9; thence North 89°48'49° West along the Northerly boundary of said Lots 1 through 9 a distance of 266.13 feet to the POINT OF BEGINNING. Parcel II: Lots 23 through 30 in Block 1 of the Tawnsite of Meridian, according to the Amended plat lhereaf, filed in Book 2 of Plats at Page 61, Records of Ada County, Idaho. Parcel III: That portion of the now vacated Ragroad Avenue, lying I~etween Lots 1 tiuough 9 and the North line of the railroad right of way, according to the Amended plat in 6tock i of the Townsite of Meridian, filed in Baok 2 of Plats at Page 61, Records of Ada County, Idaho. Parcel IV: Together with those easement rights as set €orth in Easement Agreements, recorded 3uly 26,1979, as Instrument No.'s 7941053 and 7941054, Records of Ada County, Idaho. Parcel V: Lot 22 in Block 1 of the Townsite of Meridian, according to the Amended plat thereof,.filed iri Book 2 of Plats at Page 61, Records of Ada County, Idaho. • February 15, 2008 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT ITEM NO. 6-T REQUEST Award Bid for Grant for Sr. Citizen Center Phase 2 ICDBG-04-III-OI-SR for Acoustical Wall Panels by SLA, Inc. Drywall Construction for $5,952.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initiats• COMMENTS See attached ~p~n/G ad Materials presented at public meetings sha0 become property of the City of Meridian. s 6 • Senior Center Grant II Project Est. New Windows (Dining Room & Office Wing} $6200.00 Sound Boards (Dining Room) $1600.00 Front Entry Ramp $10,400.00 Air Condition Kitchen $16,000.00 Garage Addition (IVlatching Funds) $15,000.00 Replace Front Entry Doors $2,400.00 Replace 30" Office Doors $1,000.00 BUIId POOI ROOM (East End Of Office wing) $72,000.00 (20'X30' 600 sq. ft. $100 to $120 per s~ fk.~ $124,600.00 ryov~jl 07 02: 44p Leslie Mathes 208-88869 p.2 SLA INC DRYWALL CONSTRUCTION 231 EAST 5TH STREET MERIDIAN, IDAHO 83 642 208-888-1220 i MERIDIAN SENIOR C ENTER NOVEMBER 21, 2007 133 W EROAI,WAY • FURNISH AND INSTALL ACOUSTICAL PANELS ON TWO WALLS OF DINING ROOM • LABOR IS AT NO CHARGE • ACOUSTICAL PANELS TO BE A MAXIMUM pF g' HIGH AND 46' WIDE • A WALK THRU FOR EXACT MEASUREMENTS WILL BE PERFORMEb BEFORE PANELS ARE ORDERED j • ACOUSTICAL PANELS TAKE 6 WEEKS FOR DELIVERY $ 5,952.00 ,; : ' ,' ~ ,i ~, ,: uaie dl%B~2UU7 Time 2 50 52 P~ Page 7 of 1 t . " 1 ~'" , i ~ x:44' /'1C! ~r~rv~ ratc.tcr~arv June 28, 2007 - New Space Construction, Inc. 275U w. ~%ictc~ry. ~9eridian.If) 83042 l'_~)R i )S)~_p } ;:~ F<t~ S9ti-011;6 Public l4'orks i4i46_B-4 ~lembcr of the AGC Bid PYOp~.sal Meridian Senior_ Center Mcritlian, ID T0: A4eridian Scniar Genter .~~~:~: [yen .41tig Scope of work: • Install fort)- (4'?i 4'?t y,~„ cafeteria ~'Alls. ~ ~'c~ustical panels at tl,e Your choice of colors chose» from a color s nple we wiy provide. ~~~- ij ~;:~. :~ ~ ;., ~; 1t 41,7; JIF;'R1i13Y PROpOSJ: T'O St'PP1.Y' \1:\'('1~:R1~11.5 !\.VI) t.,1HOR tiPlsc'}}:Ii:J) 1\' St \~1OF S7~O2~.96 his Bid is good for: 30 D;~ys :'UI material soles tax included and is guaranteed to be as specified :111 work is to be com ]etc; ' workman like manner according to standard practu;es. Any altrrat~ons or deviations lbr shove s involrmg extra costs will be executed only upon ~F?ittrn orders. end will hecome an extrahard m a above the estimate. X11 agreements arc contingent upon strikes. accidents nr delays he ,ond a pzCjfications ~t~orkers arc ii~ll}• covered hti• c~'orkers crnnpensatu~n insur;rncc ge over and 5 ur control. Uur • ` If t,nu I~rrve an y rlrrestiuns, le /J+ P nse coil pirk on Iris cell (ri.• h02_•53.;.~ + ~ ,,,.c ~-~ Dirk DeBoer 1'residcnt Pac-West Interiors, Inc. 2820 BRAND' AVE. NAMPA, IDAHO 83687 PHONE (208) 467-3331 FAX (Z08) 467-3332 Dec®nlber 12, 2a0T i Meridian Senior Center 133 V1-est Broadway Meridian, Idaho QUOTATION PR- OJECT: MERIDIAN SENIOR CENTER I Furnish and Install the followin : 1" 4' x $' Acoustical Watl Panel with Gifford Fabri c C24 Each) Price ................................................... . ................$10,886.00 Thank you, Steve Packard °~ ~ ^ ~ ~vryo: TtltB quotation Is nor portions of the work limited to the material and work Gescnbed harem, aN in compliance with nstructipn documents. This quotation msy or may not include all of the Items or wofk scheduled or despibed in s partlwlar coon or sedlons of fife Specifications. If you use tRe quotation. we we0 reouir~e a fair and equitable to undue risk and preserves the rights and ^~+'+edies available b ua under the law. Tbls quotation matey b wkhdrawn if ~t~~ a:pted In wrhTn9 within 30 days. INTRACTOR'S L1CEN5E NUM6ERS: ID-10437-AAA-3, NIT-gggs~, OR-fi4401. WA-COMMECI110RQ, ANO NV-Ot)q~75p February 15, 2008 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT ITEM NO. 6-U REQUEST Change Orders No. 1, 2 & 3 for the North Black Cat Trunk Sewer with Brown Construction for $4,978.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See aiftached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: ~~~0 ~~ 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: MateAals presented at public meetings shall become properly of fhe City of Meridian. FF~ ~ i, ~~~~ Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Assistant City Engineer CC: Len Grady, P.E., City Engineer City wvi~ l~lier~.a~a.~. ~i.~y' clerk Q~ce Date: 02/14/2008 Re: Proposed Agenda Items for February 19, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the February 19 City Council agenda, under consent agenda, for Council's consideration: Chancae Orders No. 1.2. and 3 for the North Black Cat Trunk Sewer. Additional work is required for the North Black Cat Trunk Sewer. This change order consists of the following work, which results in a credit to the project budget. • Replace bore number 1 with an open cut 60-inch imgation crossing. • Remove concrete from manhole 1A to make the trunk sewer connection to the manhole. • Removal of the concrete bridge foundation and unsuitable material that was encountered in Black Cat Road. Brown Construction, Inc. has submitted cost estimates for these change orders as summarized below: • Change Order No.1 $(23,198.00) • Change Order No. 2 $400.00 • Change Order No. 3 $17,820.00 • Summary of Change Orders $(4,978.00) Recommended Council Action: The Public Works Department recommends that City Council approves Change Orders No. 1, 2, and 3 for the North Black Cat Trunk Sewer with Brown Construction, Inc. for $(4,978.00) and authorize the Mayor to sign them. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 1 CHANGE ORDER 1 PROJECT: North Black Cat Trunk Sewer DATE OF ISSUANCE: 01/24/08 EFFECTNE DATE: OWNER: Primeland Development Co. LLP CONTRACTOR: Brown Construction, Inc. ENGINEER: JUB Engineers Page I of 2 You are directed to make the following changes in the Contract Documents. Attachments: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times $ 1.717,487.31 Substantial Completion: 168 Davs - Mav 1.2008 Ready for Final Payment: 213 Days -June 15.2008 days or dates Net Changes from previous Change Orders No. _ to No. Net Changes from previous Change Orders No. 0 to No. 0 $ 0 0 nays Contract Price prior to this Change Order Contract Times prior to this Change order Substantial Completion: 168 Days - Mav 1.2008 $ 1,717,487.31 Ready for Final Payment: _ 213 Days -June 15.2008 days or dates Net Increase (decrease of this Change Order) Net Increase (decrease of this Change Order) 198 $123 0 0 , . dar Contract Price with all approved Change Orders Contract Times with all approved Change Orders Substantial Completion: Davs - 168 $ 1,694,289.31 Ready for final payment: Davs -, 213 days or dates RECOMMENDED BY OWNER: By Date: i~i~-~ ~~ APPROVED BY OWNER: Date: Date: ACCEPTED BY C ACTOR: By: /~ Date: ~ y~ / ~ ~ Tammy de Weerd> Mayor Attest: William G. Berg, Jr.. City Clerk Date: Approved by City Council: :an 17 D8 01:37p ~ ~ p'2 >t ~o~n,~ ohs:~~kE~io~ ac. PRIMELAND DEVELOPMENT 3I2U W. BELLTOWER DR. SUITE 1{}0 MERIDIAN, IDAHO 83646 6889 Bennet Rd. ID 8368G 11116/2007 ESTIMto-TE PROJECT 301 - NORTH BI .ACK CAT'I'RK Si:WGR QTY DESCRIPTION COST TOTAL CHANGE ORDER: INSTALL BLACK CAT NORTH SEWER IRRIGATION CROSSING: 2 IRRIGATION BOXES 13,160.00 26,320.00 1 18" CANAL GATE 2,4 i O.UO 2,410.00 56 60" RCA CLASS V 367.00 20,552.00 "SU$TOTAL" 49,282,00 7'NIS CHANGE ORDIiR IS TO REPLACi: BORE N t WITH THF,,,~4~II~R(G ATiON CROSSNG 1 ~ BORE ~ t 4~ ~"'~ ~j ..~~^ 72,480.00 72,480.04 1 IRRIGATION CROSS1NG,i4" RCP -49,282.00 -49,282.OU "SUBT01'AL" THERE WILL BE A REDUCTION IN PRICE OF $23,198.00 OFF 23,198.00 THE CONTRACT PRICE TOTAL $~2,48u.ou • • CHANGE ORDER 2 PROJECT: North Black Cat Trunk Sewer DATE OF ISSUANCE: 1124/08 EFFECTIVE DATE: OWNER: Primeland Development Co. LLP CONTRACTOR: Brown Construction, Inc. ENGINEER: JUB Engineers Page 1 of 3 You are directed to make the following changes in the Contract Documents. • Attachments: CHANGE IN CONTRACT PRICE: CHANGE 1[N CONTRACT TIMES: Original Contract Price Original Contract Times ~i I ,~ 17,487.31 Substantial Completion: 168 Dam - May 1.2008 Fi Is 2008 R f l P 213 D d J , ayment: une , ea or na avs - y days ar dates Net Changes from previous Changc Ordcrs No. l to No. Nei Changes from previous Change Orders No. 1 to No. I $5 23 198 00) o , , . Days Contract Price prior to this Change Order Contract Times prior to this Change order Substantial Completion: 168 Days - Mav 1.2008 $ 1,694,289.31 Ready for Final Paymcnt:: 213 Days - Junc ]s. 2008 day. or dates Net Increase {decrease of this Change Order} Nct Increase (decrease of this Change Order) $ 400 00 o.s . day. Contract Price with all approved Change Orders Contract Times with all approved Change Orders Substantial Completion: Days - IbB.s $ 1,594,689.31 Ready for final payment: Days -213.5 days or bates RECOMMENDED BY OWNER: B. Date: ~/ "¢ /Qll APPROVED BY OWNER: Date: ACCEPTED BY C AC OR: By: Date: ,/ r ~ / ~ ~ 6 Date: Tammy de Weerd, Mayor Attest: William G. Berg, Jr., City Clerk Date: Approved by City Council: • • North Black Cat Sewer Proiect Chaase Order #2 Brown Construction was required to remove concrete from the connection point at manhole # lA in order to make their connection to this manhole. This required 2 men for 4 hours each utilizing hammers and pry bars. No one seemed to know why this connection point was sealed off. The labor rate for this work is $50.00 per hour as is identified in the attached rate sheet as provided by Brown Construction. Glenn Fitch Project Manager Primeland Development Co. LLP EQIIIPNIENT RENTAL PRICE LIST: 325 EXCAVATOR 140.00 320 EXCAVATOR 125.00 330 EXCAVATOR 155.00 350 EXCAVATOR 175.00 410 BACKHOE 70.00 - 936 LOADER 85.00 938G VVF~EL LOADER 95.00 DOZER 95.00 SWEEPER 55.00 LABOR/MAN 50.00 FOREMAN W/TRUCK 70.00 DUMP TRUCK 70.00 END DUMP 90.00 34S EXCAVATOR 175.00 9S0 LOADER 105.00 966 LOADER 115.00 375 EXCAVATOR 190.00 MOXIE TRUCK 140.00 WATER TRUCK 95.00 ROAD GRADER 110.00 330 EX. W/HAMMEItt 390.0 y ~~ Pte. ~ ~~® °~ G.~y~~ ~ • • CHANGE ORDER 3 PROJECT: North Black Cat Trunk Sewer DATE OF ISSUANCE: 1/29/08 EFFECTIVE DATE: OWNER: Primeland Deve]opment Co. LLP CONTRACTOR: Brown Construction, Inc. ENGINEER: JUB Engineers Page l of 2 You are directed to make the following changes in the Contract Documents. Attachments: CHANGE IN CONTRACT PRICE: CHANGE IIN CONTRACT TIMES: Original Contract Price Original Contract Times 1,717,487.31 Substantial Completion: 168 Dais - Mav 1, 2()U8 Ready for Final Payment: 213 Days - Junc I SL2008 deyti OY dates Net Changes from previous Change Orders No. 1 to No. 2 Net Changes from previous Change Orders No. I to No. Z $ 0.5 ~r Contract Price prior to this Change Order Contract Times prior to this Change order Substantial Completion: 168.5 Days - May !.2008 $ 1,694,689.31 Ready for Final Payment:: 213.5 Days -June 15, 2008 days or dates Net Increase (decrease of this Change Order) Net Increase (decrease of this Change Order) $ ] 7 820 00 z.o , . aay. Contract Price with all approved Change Orders Contract Times with all approved Change Orders Substantial Completion: Days - 170.5 $ 1,712,509.31 Ready for final payment: Davs - 215.5 days or dates RECOMMENDED BY OWNER: By. Date: 1!29/08 APPROVED BY OWNER: ACCEPTED BY CO TOR: By: Date: ( °?~ -~ a Tammy de Weerd, Mayor Date: Date: Attest: William G. Berg, Jr., City Clerk Date: Approved by City Council: I8~/ a~~ P, ~ • .~ --_ PR1M)/I,AND DEVELOPMENT 3120 W. BBLLTOWER DR. SUITE 100 MERIDIAN, IDAHO 83646 t f 8881 Bennett Rd. - Plampa, tD 83fi88 Invoice DATE INVOICE NO. 1/28/2008 08-890 TERMS PROJECT 301-NORTH BLACK CAT TRK Si~.WE:R ITEM QTY DESCRIPTION RATE AMOUNT REMOVE CONCRETE BRIDGE FOUNDATION AND UNSUITABLI: MATERIAL THAT WAS ENCOUNTERED IN BLACK CAT ROAD WAY: ~ 140 COY OF LAVA ROCK 12.00 1,680.UU 1 240 COY PIT RUN 12.50 3,000.00 "SUBTOTAL" 4,680.00 DECEMBER 27, 2007: 1 8 USE OF 375 EX/HOUR 190.00 1,520.00 1 8 USE OF 345 EX/HOUR 175.00 1,400.0(1 1 8 USE OF 966 LOADER/tCOUR I i 5.00 920.00 l 8 USE OF 936 LOADER/HOUR 95.00 76(100 1 16 OFF ROAD TRUCK/HOUR 140.00 2,240.00 1 8 USE OF 32S EX/HOUR 140.00 1,124.W 8 LABOR/MEN/HOUR 100.00 800.00 "SUBTOTAL" 8,760.00 DECEMBER 28, 2007: 1 4 USE OF 375 EX/HUUR 190.00 7G0.00 1 4 USE OF 345 EX/HOUR 175.00 700.00 1 4 USE OF 966 LOADERIHOUR 115.00 4fi0 00 I 4 USE OF 936 I.OADERIHOUR 95.00 380.0() I 8 USE OF OFF ROAD TRUCK/HOUR 140.00 1,120.00 I 4 USE OF 325 EX/HOUR 140.00 560.00 1 4 LABOR1MENhIOUR 100.00 40(1.00 "SUBTOTAL" 4,380.00 Total $l 7,820.00 E•d dnc:~.n can as uer • February 15, 2008 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT ITEM NO. 6-V REQUEST Internship Agreement with St. Luke's Regional Medical Center for Paramedic Training AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Inifials: Materials presented at pubic meetfigs shall become properly of the City of Meridian. 1 • E IDiAN ,~~~,$~~ MAYOR Tammy de Weerd CITY CQUNCIL MEhIBERS Keith Bird Joseph W. Borton Charles M. Rountree David Zaremba CITY DEPARTMENTS City Attorney/HR Mailing Rddress: 33 E. Idaho Ave. Stress Address: 703 N.Main 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road .888-1234 1 fax 895-0390 Parks & Recreation 11 W. Bower Stmet 888-3579 /fax 888-6854 Planning 660 E. Watertower Lsne Suite 202 884-5533 /fax 888-6854 Police 1401 E. Watertower Lane 888-6678 /fax 846-7366 Public Warks 560 E. Watertower Lane Suite 200 898-5500 /fax 895-9551 - Building 660 E. Watertower Lane Suite 150 887-221 I /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 /fax 88A-0744 - Water 2235 N. W. 8th Street 888-5242 / fnx 884-1159 Date: February 28, 2008 To: Debra Servatius, Student Services Department St. Luke's Regional Medical Center 190 East Bannock Street Boise, Idaha 83712 Re: Meridian Fire Department Paramedic Immunizations/criminal Background Checks Dear Debra, Per the Education Affiliation Agreement we are entering into, I am writing to confirm that the names listed below are current on all immunizations found in Attachment B in the agreement. As well, all listed below have successfully completed a criminal background check. We again would like to thank-you for the opportunity this agreement presents. We look forward to a continued relationship between our two agencies. Paramedics: Zachory Mason, Dylan Anderson, Brandon Erickson, Granville Stark, Russell Koharchik, Tony Chance, Garrett Hirsch, Derek Nelson, Bryan Fredrickson Sincerely, / ~~...ma'r' li' e- Mark Niemeyer, Deputy Chief Meridian Fire Department CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888- 4278 FINANCE & U'I'[Ll'i'Y BILLING -FAX 887- 4813 MAY(3R'S OFFICE -- FAX 884-8119 • • EDUCATION AFFILIATION AGREEMENT This Agreement is made by and between St. Luke's Health System, Ltd., an Idaho nonprofit corporation {°St. Luke's'), and the City of Meridian Idaho by and through the Meridian Fire Department ("Institution") effective February 15; 2008 ~"Effective Date°). BAGKGROUND 1. Institution maintains one or more programs for the education and training of students, employees, or other persons affiliated with Institution (collectively °Students") in careers related to health care or the health care industry, including programs identified in Attachment A. As part of its programs, Institution seeks to establish a relationship with St. Luke's to provide clinical or practical experience and training for Students affiliated with Insttution. 2. St. Luke's is a non-profit hospital system dedicated to providing and improving health care in the region. St. Luke's has determined that assisting in the education and training of health care professionals and others in health care related fields is consistent with and furthers its charitable purpose of providing and improving health care in the region. 3. To the extent consistent with applicable law, patient safety, effective hospital operations, and St. Luke's capacity and capabilities, St. Luke's agrees to cooperate with Institution in providing Students with practical education and training opportunities at St. Luke's facilities as sat forth in this Agreement. AGREEMENT 1. Scope, This Agreement applies to Students from Institution in the programs specifically designated in Attachment A. It does not apply to physician or dentist residency programs. Af all times, SL Luke's shall retain the right to determine the prognams from which St. Luke's will accept Students for participation at St. Luke's ("the Program or Programs"). The parties expressly understand and acknowledge that, upon mutual agreement of the parties, the parties may execute suppiementa! agreements relevant to specific Programs covered by this Agreement that impose additional terms, conditions, qualifk~tions or requirements far such Programs. Such supplemental agreements shall be in writing and shall append this Agreement; provided, however tha# such supplemental agreements shall be subject to the terms of this Agreement. 2. Location. This Agreement applies to Students participating in Programs at the St. Luke's subsidiary campuses or facilities designated below (collectively "St. Luke's"): St. Luke's Regional Medical Center -Boise X St. Luke's Regional Medical Center -Meridian _ St. Luke's Magic Valley Regional Medical Center {Twin Falls) St. Luke's Wood River Medical Center {Halley-Ketchum) _ Other: 3. Institution's Duties. 3.1 institution Rapres®ntative. Institution shall designate an employee or agent of Institution to represent Institution in coordinating the Program and communicating with St. Luke's. institution shalt notify St. Luke's of the name, title and contact information for the representative. At the outset of this Agreement, Institution designates the following person as its representative: Noma: Title: Address: Phone: Email: Institution shah notify St. Luke's if it changes the representative. Page 1 of 4 Error) Unknown doeumeM property name. • 3.2 Administration of Program. Institution shall, In consultation with St. Luke's, develop and administer the Program, including but not limited to defining and communicating with Students concerning Program objectives, requirements, schedules, and Student experiences to be inctuded in the Program. To tha extent that the Program is part of an academic curriculum or involves academic credit, Institution shall be responsible for developing and administering all academic aspects of the Program, including but not limited to developing and publishing Program descriptions, objectives, and requirements; developing, maintaining, and reporting academic records; evaluating or grading Student performance; determining Program credit: and resolving any academic issues with the Student. 3.3 Coordtnatlon of Sttttlent Participation. Institution shall, in consultation with St. Luke's, coordinate the Student's participation in fire Program, including the following: a. As early as reasonably possible but no Tess than thirty (3t)) days prior to the date that a Student is to commence participation In the Program, Institution shall contact St. Luke's to determine St. Luke's capacity to accept Students and coordinate the schedule for the Program} including the term during which the Student will participate in the Program. St. Luke's shall be entitled to decline to accept new Students into the Program if St. Luke's lacks capacity or cannot identify a sbtfficient number of qualified and willing employees or personnel as reasonably required to provide appropriate supervision of Students in the Program. b. At least fifteen (15} days prior to the date that a Student is to commence participation in the Program, Institution shall provide to St. Luke's any information or documentation reasonably required by St. Luke's concerning the Student who will be participating in the Program, including the Student's name, contact information, relevant experience, qualifications (as described below}, and any other information that Institution believes St. Luke's should know or that is material to Student's successful participation in the Program. c. During the Program, Institution will continue to cooperate, coordinate and communicate with St. Luke's concerning any additional needs or issues that may arise relating to the Student's participation in the Program. Institution will immediately notify St. Luke's if institution receives information that may affect the Student's participation in or quaUftcatian for the Program, or that may suggest that Student's participatton in the Program poses a risk to St. Luke's patients, personnel, or operations. 3.4 Qualified Students. institution shall identify and refer to St. Luke's only those Students who are qualified to participate in the Program according to criteria jointly established by Institution and St. Luke's. To be qualified to participate in the Program, each Student shah satisfy the following criteria in addition to any other criteria that the parties may require: a. Be a Student in good standing with the Institution. b. Successfully passed basic training or course work and otherwise be determined to have the necessary education, training, skills, and baste competency to participate in and fulfill the duties associated with the Program. c. Successfully passed a background check pertormed by a qualified entity or agency. At a minimum, the background check shall include: (1 } a search for any criminal convictions (felony and misdemeanor] during the preceding seven (7j years; (2} a search of the Office of Inspector General's (OiG's} list of individuals who are excluded from participating in government health care programs; and (3) a search of Idaho's sex offender registry. institution shall be responsible for ensuring that the background check has been performed prior to Student's participatton in the Program. Institution shall disclose the results of the background check to St. Luke's prior to Student's participation in the Program. Institution and/or Student shah be responsible for the cost of the background check. d. Not have a history or criminal record (including conviction, plea agreement, withheld judgment, or pending charges} concerning any of the following crimes (felony or misdemeanor}: (1) sexual assault, rape, Indecent exposure, lewd and lascivious behavior, or any crime involving non-consensual sexual conduct; (2} child abuse or neglect, sexual exploitation of children, child abduction, contributing to the Page 2 of 9 E-rnrl unkno-m dbcumant property name. delinquency or neglect of a child, enticing a child for immoral purposes, exposing a minor to pornography or other harmful materials, incest, or any other crime involving children as victims or participants; (3) vulnerable adult abuse, neglect, or exploitation; (4j homicide or manslaughter; {5j assault or battery occurring within the prior seven years; (8) drug trafficking or other offenses involving narcotics, alcohol or controlled substances during the prior flue years; (7) theft, embezzlement, fraud, or other crimes involving dishonesty committed during the pdor five years; (i3}driving under the influence during the prior two years if the Student's duties in the Program may involve driving; and (9) any felony cornriction. St. Luke's reserves the right to disqualify a Student if the Student has a history of other crimes or misconduct. e. Received the immunizations, tests, or otherwise satisfy the requirements set forth in the Attachment B relating to communicable diseases. Institution shall be responsible for ensuring that Student has received the required tests or immunizations, or otherwise satisfies such requirements prior to Student's participation in the Program. Institution and/or Student shall be responsible for the cost of the tests and immunizations. f. Be able to perform Student's duties under the Program in a manner that will not pose a risk to St. Luke's patients, personnel, or visitors, or otherwise unduly interfere with St. Luke's operations. g. Have and maintain the insurance required by this Agreement. h. Agree to abide by St. Luke's policies and procedures setforth in the Student Agreement attached as Attachment B. Institution shall provide a copy of the Student Agreement to the Student and confirm the Student's willingness to abide by the terms of the Student Agreement. Institution shall be responsible for confirming the qualifications of Students in the Program. Upon St. Luke's request, Institution shall provide documentation of the Student's qualifications, and St. Luke's shah have the right to disapprove of any Student that it believes does not qual(fy for any reason. St. Luke's shall not be required to provide services pursuant to this Agreement for any Student so disapproved. Furthermore, St. Luke's shall have the right to immediately terminate, suspend, or restrict a Student's participation in the Program at any time if St. Luke's determines that the Student fails to satisfy the qualification set forth in this Agreement. 3.5 St. Luke's Support. institution shalt be available, cooperate with, and serve as a resource to St. Luke's in addressing any questions, concerns or Issues that arise during the Program, including but not limited to addressing Student needs; enforcing applicable policies or procedures; resolving conflic#s involving Students; etc. 3.S Records and Documentation. If institution requires that St. Luke's complete any forms or reports relevant to Student's participation in the Program, Institution shall provide such forms, reports or requirements to St. Luke's. 3.T Faculty. If Institution seeks to provide additional faculty or personnel to assist in supervising or training the Student at St. Luke's facilities, such faculty or personnel must comply with St. Luke's requirements concerning credenttais or qualifications; the scope of activities to be performed at St. Luke's; and St. Luke's policies and procedures. 3.t3 Cooperation in Investigation. If an incident occurs as a result of or related to the Program, which incident may give rise to a claim against St. Luke's by any patient, employee or other person, Institution agrees to cooperate with St. Luke's in investigating and responding to the incident to the extent allowed by law. d. St. Luke's Duties. 4.1 St. Luke's Representative. St. Luke's shall designate an employee or agent of $t. Luke's to represent St. Luke's in coordinating the Program and communicating with Institution. St. Luke's shall notify Institution of the name, title and contact information for the representative. At the outset of this Agreement, St. Luke's appoints the following person as its representative: Pagc 3 of 9 Error) UNmown document ProP~Y name. i • Name: Dessa Lagerstrom Title: Student Services Supervisor Address: St. Luke's Regional Medical Center, Student Services, 190 East Bannock Street, Boise, Idaho 83742 Phone: 20&381-1504 Email: lagerstd@sirmc.org St. Luke's shalt notify Institution if it changes the represerrtative. 4.2 St. Luke's Personnel. St. Luke's shall assign or otherwise arrange for willing and qualified St. Luke's employees or personnel to provide supervision and training of Students as reasonably necessary for the safe, effective operation of the Program consistent with the Program's objectives. St. Luke's shall notify institution of the number of Students it may accept in the Program given St Luke's capacity and ability to provide such willing and qualified employees or personnel In the event that St. Luke's lacks sufficient capacity or is unable to identify such willing and qualified personnel, St. Luke's may refuse to accept Students far participation in the Program and/or may terminate a Student's participation in the Program. 4.3 Orientation. St. Luke's will orient each Student in the Program and any other Institution faculty member who provides services at St. Luke's concerning S#. Luke's policies, procedures, and Program requirements. 4.4 Student Agreement. Pdor to Student's participation in the Program, St. Luke's will provide and require each Student to complete the Student Agreement attached as Attachment B, as it maybe amended. The Student Agreement is a condition to each Student's participation in the Program. 4.5 Educational Experience. St. Luke's will cooperate with Institution in developing and implementing the Program and in selecting and providing appropriate education and training experiences for Students that are consistent with the requirements and objectives of the Program; provided, however, that such experiences shall be subject to applicable laws and regulations; licensing, accreditation, and professional standards; St. Luke's policies and practices; and the terms and conditions of this Agreement. 4.6 Reconis and Reports. St. Luke's shall complete and provide to Institution such records and reports as reasonably required by Institution to document or report on the Student's participation in the Program, provided that such records and reports are not unduly burdensome and do not require disclosure of information prohibited by applicable law or St. Luke's policies or practices. 4.7 Equipment and Suppiles. St. Luke's shall not be responsible for providing any equipment or supplies to Students, except such equipment and supplies as St. Luke`s normally provides to employees as part of its regular operations. All such equipment and supplies shall remain the property of St. Luke's, and shall be used solely far St. Luke's purposes. 4.8 Responsibility for Patient Care and Operations. St. Luke's, through its authorized personnel, shall at ail limes have and retain the responsibility for and the right to direct appropriate patient care and hospital operations. Except as otherwise relevantand appropriate to the education experience of the Program, St. Luke's will not use Students to perform services in lieu of St. Luke's staff. Students and Institution faculty providing services on St. Luke's campuses shall be subject to St. Luke's authority and direction. 4.9 Communication with Students. St. Luke's shall have the right to contact Students during or after their participation in the Program for any reason related to the Program, including but not limited to the investigation or response to any incident that occurred as a result of the Program. in addition, St. Luke's shall have the right to contact such Students regarding employment opportunities at St. Luke's. 5. Patient Safety and St. Luke's Operations. Notwithstanding anything in this Agreement to the contrary, St. Luke's shall have the right to take any action it deems necessary to protect the safety and weti- being of St. Luke's patients, personnel, or visitors, and to ensure efficient, effective hospital operations, Page 4 of 9 Er-orl Unknown document property name. i • including but not limited to immediately and summarily restricting, suspending, or terminating a Student's participation to the Program at St. Luke's. St. Luke's shall immediately notify Institution of such action. 6. Compliance. In performing the duties required under this Agreement, Institution and St. Luke's shall comply with ail applicable laws, regulations and ordfnanc~s, and shall cooperate with the other party's efforts to comply with the law. Each party shall obtain and maintain current licenses, certifications, ar authorizations necessary to the pertormance of their respective duties under this Agreement. 7. Nondiscrimination. Institution and St. Luke's shah not discriminate against arty Student or other person in violation of applicable law. $. Term. This Agreement shall be for five (5) years commencing on the Effective Date, unless earlier terminated pursuant to the terns of this Agreement. After the initial five (5}year period, this Agreement shall automatically renew far subsequent one year periods unless either party provides contrary notice 4o the ether party at least ninety (90) days prior to the annual renewal date. 9. Termination. 9.1 Termination Without Cause. Either party may terminate th(s Agreement without c~iuse by giving the other party written notice at least ninety (90) days prior to the effective date of such termination; provided, however, that Students who are participating in the Program at the time of the notice shall be given the opportunity to complete the current term of the Program In which they are participating. 9.Z Termination With Cause. Either party may terminate this Agreement due to a material breach by the other party. The party seeking termination shall give the other party notice of such breach. The party receiving the matice shall have fifteen (15) days to cure such breach. ff such breach is not cured within the 15-day period, the termination shall be effective upon notice by the party seeking termination. !#.3 immedtat® Termtnattan. Notwithstanding anything im this Agneement to the contrary, St. Luke's may immediately terminate this Agreement without prior notice if any of the fallowing ocxur. a. St. Luke's determines in good faith that its participation in this Agreement jeopardizes the health ar well-being ofi St. Luke's patients, staff members, or hospital operations. b. St. Luke's determines in good faith that its participation in this Agreement violates applicable law or regulations, or jeopardizes St. Luke's status as a non-proftt, tax-exempt entity. c. St. Luke's is, after good faith efforts, unable to identify a sufficient number of St. Luke's employees or personnel who are wlllir~ andtor qualffied to provide the supervision or training reasonably necessary for the safe and effective operation of the Program. d. institution fails to maintain the insurance required by this Agreement. 9.4 Effect of Termination. Upon termination of this Agreement, neither Party shall have arty future obligation under this Agreement except for abllgations accruing prior to the date of termination, and obligations, promises, or covenants contained herein which are expressly made or intended to extend beyond the term(s) of this Agreement, such as duties related to confidentiality and recordkeeping. 10. Notice. Any notice required or permitted to be given by this Agreememt shall be given past paid, first class, registered or certified mail, or by courier, properly addressed to the other Party at the respective address as show below: If to St. Luke's: St. Luke`s Regional Medical Center, Ltd. Attn: Student Services 190 E. Bannock Street Boise, Idaho 83712 Page 5 of 9 Error! Unkno-en document property name. • • if to Institution: 11. Insurance. 11.1 Stud®nts. Institution shall provide and maintain, or shall require each Student who participates in the Program to have and maintain, at all times during Student's participation in the Program: (1 j health insurance coverage; and (2j professional (lability or other applicable liability insurance covering Student's actions under the Program. The liability insurance policy shall contain limits in the amount of $1,000,000 per occurrence and $3,000,000 in the general aggregate. Upon St. Luke's request, Institution shall provide proof of such insurance to St. Luke's. Institution shall notify/ St. Luke's at least thirty (30j days in writing prior to cancellation, reduction or material change in coverage. 11.Z Institution. At ail times during this Agreement, Institution shall maintain liability Insurance covering the actions of Institution and its employees, agents, and faculty (including but not limited to faculty members or other personnel utilized by Institution to assist in the Program at St. Luke's) in performing actions related to the Program. The liability insurance policy shall contain limits in the amount of $1,000,000 per occurrence and $3,000,000 in the general aggregate. Upon St. Luke's request, Institution shall provide proof of such insurance to St. Luke's. Institution shall notify St. Luke's at feast thirty (30j days in writing prior to cancellation, reduction or material change in coverage. 11.3 SL Luke`s. At all times during this Agreement, St. Luke's shall maintain liability insurance covering the actions of St. Luke's and its employees and agents in performing actions related to the Program. The liability insurance policy shall contain limits in at least the amount of $1,000,000 per occurrence and $3,000,000 in the general aggregate. Upon institution's request, St. Luke's shall provide proof of such insurance to Institution. 1 Z. Indemnification. 1Z.1 By Instltutlon. Institution agrees to indemnify and hold harmless St. Luke's from any and all claims, liabilities, damages, losses, demands, casts, ar suits of any nature whatsoever, caused by the institution, or the Institution's Students, faculty, employees, representatives, or agents, for property damage, personal injury or death, ar otherwise arising out of, ar in connection with, or incidental to the performance of services pursuant to this Agreement. This Indemnity shall include, without limitation, costs, expenses, and attamey's fees occasioned by said loss, damage, liabilities, claims, demands, or suits as well as the fuq amount of any Judgment rendered or compromise settlement made, plus court casts and interest. 12.Z By St. Luke's. To the extent of applicable insurance, St. Luke's agrees to indemnify and hold harmless Institution from any and all claims, liabilities, damages, lasses, demands, costs, ar suits of any nature whatsoever, caused by St. Luke's, or its employees, representatives, or agents, for property damage, personal injury or death, or otherwise arising out of, or in connection with, or incidental to St. Luke's performance of services pursuant to this Agreement. This indemnity shall include, without limitation, costs, expenses, and attorney's fees occasioned by said loss, damage, liabilities, claims, demands, or suits as well as the full amount of any Judgment rendered or compromise settlement made, plus court costs and Interest. 13. Relationship of Parties. The parties acknowledge that, while performing duties under the Program, Students shall be considered to tie members of St. Luke"s workforce solely for purposes of the HIPAA privacy and security regulations, 45 C.F.R. part 164. Nothing in this Agreement shall create, nor be deemed to create, an employment, partnership, Joint venture, ar an agency relationship between the parties or between St. Luke's and any Student. Neither party is authorized to act on behalf of the other party unless the other has agreed in advance in writing. St. Luke's shall not be responsible for the payment of any compensation ar withholding of any taxes to or far the benefit of Students or Institution faculty, and Students and Institution faculty shall not be entitled to any compensation or benefits otherwise available to St. Luke's employees. Page 5 of 9 Hrror! UNcnown doeumertt property name. • 14. Non-Exclusivity. The parties .recognize that the services provided by this Agreement are not intended to be exclusive. Either party may enter similar agreements or arrangements with outer parties. This Agreement shall not preclude either party from pursuing educational, training or research activities outside the scope of this Agreement. 15. Assignment. This Agreement, and the duties provided therein, shall not be assigned or transferred without the express written consent of either party; provided, however, that St. Luke's may delegate or assign its rights and duties to its subsidiary facilities at which the Programs wNl be implemented. 16. No Referrals. Nothing in this Agreement Is intended to nor shall 1t be interpreted to require that any person or entity refer any patient to St. Luke's for any items or services covered by any state or federal health care program. 17. Ownership of Records. All records that are created 6y either party related to this Agreement shall belong to the party that created the records. Notwithstanding the foregoing, each party shall provide the original or copies of the records, reports or other documents required to be produced to the other party as provided in sections 3 and 4 of the Agreement. Furthermore, to the extent consistent with applicable law, each party shall have a right to access or obtain copies of the records of the other party related to the Program if reasonably necessary for the party's operations upon reasonable request and payment of reasonable copy charges. 18. Record Retention. The parties agree that until the expiration of four (Q) years following termination of this Agreement, the parties shall, to the extent requin3d by law, make available to the Department of Health and Human Services or the Comptroller General, this Agreement and any books, documents or records that are necessary to certify the nature and exten# of costs claimed to Medicare under this Agreement. The parties agree that if either of them subcontract or assign any portion of this Agreement in excess of ten thousand dollars {$10,000) to a related organization, such subcontract or assignment shall require the related organization to also make available the books and records described in this section. 19. Car>fidentiality. During the course of this Agreement, institution may rec:efve or come into contact with confidential, proprietary, or protected information concerning St. Luke's, its affiliates, members, subsidiaries, employees, personnel or patients. This information shall Include, but not be limited to, protected health information concerning St. Luke's patients. institution shall: (1) treat aq such Information as proprietary and confidential whether or not identified as proprietary and confidential; (2} immediately notify St. Luke's of the receipt of such information when such receipt is not authorized by St. Luke's; (3j maintain and protect the confidentiality of such information, and not use or disclose such Information without St. Luke's prior express, written consent; and (4j promptly return any such information in its possession upon termination tsf this Agreement or at St. Luke's request. 20. Non-Solicitation. Institution acknowledges and agrees that St. Luke's has invested substantial amounts of time and expense in the education and training of (ts employees. Institution agrees that Institution shall not Interfere with the relationship between St. Luke's and its employees,. and that institution will not seek to employ, contract with, or solicit St. Luke's employees to provide any services for Institution or third parties without St. Luke's written consent. 21. Injunctive Relief. Institution agrees that in the event Institution breaches or threatens to breach the provisions of the Confidentiality or Non-Solicitation sections, such breach or threatened breach would cause irreparable harm to St. Luke's, and St. Luke's would be entitled to injunctive and other equitable relief to prevent such breach or to remedy an actual breach. 22. Survivability. Any provision that requires or might require performance after the termination or expiration of this Agreement shalt survive termination of this Agreement, Including but net limited to the sections dealing with Confidentiality, Non-Solicitation, Ownership of Records, Record Retention, eta. 23. No Rights in Third Parties. This Agreement shall not create any rights or inure to the benefit of any third parties, including but not limited to Students or Institution faculty; provided, however, that any subsidiary facility of St. Luke's may enforce the terms of this Agreement to the extent that it accep#s Students for participation in the Program at its facility. Page 7 of 9 Erroll unknown document property name. • 24. Governing LawNenualChoice of Law Provisions. This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Idaho, regardless of its choice of law provisions. Any dispute, controversy or other claim arising out of this Agreement shall be arbitrated or tried in Ada County, Idaho. 25. Alternative Dispute Resolution. in the event of a dispute arising out of the terms of this Agreement, the parties agree to submit the dispute to binding arbitration. ff the parties cannot agree on a single arbitrator, the parties shall each select an arbitrator, which arbitrators shall appoint a third arbitra#or. The arbitrators} will hear and resolve the dispute according to such pracetfures as the parties andlor arbitrators} shall reasonably decide. The arbitrators} shall have authority to award reasonable costs and fees to the prevailing party. 26. Validity. if one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions. 27. Entire Agreement. This Agreement, including any incorporated exhibits, addenda, and attachments constitutes the entire understanding of the parties. This Agreement supersedes and terminates all prior representation, warranties, and agreements, written or oral, regarding the subject matter of this Agreement. Any modification to this Agreement must be in writ<ng signed by both parties. 28. Authority. The persons executing this Agreement represent and warrant that they are duly authorized to execute this Agreement on behalf of their respective party, and that this Agreement is binding on the party and its successors. Signed: St. Luke's Health System, Ltd. By: aa~i(.~tc~ a~ ~-- Name: ne Clavelle Title: Vice President, Nursing and Ratient Care Services Date: ~ ~~' 0 ~ _--- Idaho State Institution sy: ~~'~' Name: ti.. [~ TiNe: Date: ~i~ ~1, l ~ ~ ~.- ~9 2~ Page 8 of 9 Erroll Unknown document property name. • , ,~ ATTACHMENT A PROGRAMS COVERED 8Y THIS AGREEMENT The Education Affiliation Agreement shall apply to Students from the programs that are checked below: Clinical Lab Sciences ,_ Health information Technology Health Care Administration Health Education Health Occupations Labor 8 Delivery Nursing i Licensed Practical Nurse - Nurse Practitioner ____ Nursing Nutrition and Diets _ Occupational Therapy X Paramedic I Emergency Medical Technician _ Pharmacy - Physical Therapy Physical ?herapy Assistant _ Physician Assistant Radiology Respiratory Therapy • Social Work Speech Therapy Other: Page 9 of 9 Error) Unknown document property name. s s February 15, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT Mayors Office ITEM NO. 7-A-1 REQUEST Reappointment of Michael Rohm to Planning and Zoning Commission AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: y~ ~ ~1~ ~~~ CITY FIRE DEPT: CITY BUILDING DEPT: f~G-A~~111~~~ 1 ~ CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Infialr. Materials presented at pubpc meeHnss shop become properly of fhe Cpy of Meridian. • • February 15, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT Mayors Office ITEM NO. 7-A-2 REQUEST Appointment of Michael Martin to Parks 8~ Recreation Commission 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 ~P~rove ~~ot~l~mtr~ Date: Phone: Staff Initials: Materials presented at pubOc meetings shall become properly of fhe City of Meridian. • • February 15, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT Legal Department /Police Department ITEM NO. 7-B-1 REQUEST Presentation on Police Pay Plan by Bill Nary and Jeff Lavey AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings sha0 become property of tfie City of Meridian. . O • pity of Meridian Executive Summary ~,E~~I~~ ~A~ ~~erx ~~~~ Com ensation Study I.~aw ~,nforcement p February 19, 2008 Prepared by: BDPA, Inc. P.O. Box 15424, Boise, ID. 83715: 208-853-1655 • Introduction resent the following Executive Summary of the Law BDPA, Inc. is pleased to p nsation project conducted on behalf of the City of Meridian. Enforcement Compe P~ 3 Background 4 Summary of Findings 5 Summary of Recommendations 6 Summary of Implementation Recommendations ear Officer Salary Comparison Attachment A - 5 and 10 y Attachment B -Proposed Salary Structure Page 2 Executive Summary Law Enforcement Compensation Study -City of Meridian ©BDPA, Ina January, 2008 • Background • • BDPA, Inc. facilitated a discussion with the Law Enforcement Focus Group to identify the purpose of this study. Based on that discussion, the following goals were established: o Provide an analysis of Meridian Police Department's existing structure, strengths and weaknesses o Conduct a review of pay practices (total compensation) of other law enforcement agencies who compete for the same qualified applicants, and have similar budgetary and crime issues as Meridian o Analyze pay for specific assignments and longevity, and determine if or how they should fit into Meridian's compensation structure for sworn officers o Develop a pay structure that's predictable, simple to understand, provides opportunity for growth regardless of rank, and competitive with other law enforcement agencies; o Prepare administrative guidelines that ensure consistency in the pay plan and provide for status changes such as promotion, demotion, transfer, and lateral entry • Through meetings with the Law Enforcement Focus Group, a market comparability survey was designed to collect information on salaries and benefits. The purpose of the survey is to compile the data needed to analyze the labor market and identify general wage trends of other agencies to gain a realistic picture of market rates. • The market area was identified as "direct market", those employers with whom the City of Meridian Police Department directly competes with in terms of attracting and retaining qualified employees; and an "overall market" defined as organizations of comparable size or in the general geographic area for Meridian. o Direct market employers included Boise, Nampa, Ada County and Garden City. o Overall market area included Boise, Nampa, Ada County, Garden City, Coeur d'Alene, Pocatello, Emmett, Canyon County, Twin Falls, Post Falls and Richland, Washington. Also included in the overall market area, but did not respond to the survey request, are Caldwell, Gem County, Spokane, WA, Bend, OR and the Idaho State Police. • Survey employers were asked to provide the actual wage of employees in comparable jobs and the salary range from minimum to maximum. Employers were also asked to identify specialty pay, certification pay, educational pay, longevity pay and any other "additional" pay over base wages. • BDPA collected and analyzed the survey information to reflect a comparison of base wages, and additional pay for a total compensation analysis. The methodology used is a combined process of standard and state-of--the-art procedures in the compensation field. • BDPA presented the survey's initial findings to the Focus Group and facilitated a discussion of "pay philosophy" which formed the basis for development of a new salary structure. Executive Summary Page 3 Law Enforcement Compensation Study -City of Meridian ©BDPA, Inc. January, 2008 A Su,~~a~y ®f ~ina~~gs structure as identified by the FOCUS Group: Strengths and Weaknesses of the current pay ® Stren hs cers to obtain POST certificates ° Motivates offi etitive ° Entry rates are comp a scale are reasonable ° Dollar amounts on existing p y Weaknesses a rates ° impossible to reach maximum p y o a as shown level certifications: nTOnt 4~ed to other agencies ° inconsistent administra~~ ~~the pay p an r co p decreases ~' for the 4-6 year office ° Each step ancy in pay should be a promotion to detective ° Large discrep a for CID; a ement certification ° Lack of incentive p y ervisor or man g ° No compensation for sup a scale S ecialty pays are not outlined in the plan y market ° p arket adjustment needs to be built into the p y cal year? Currentl , ° COLA or n' ce needs annual review versary date or fis ° ~lniform allowan date ad'ustments be-based on anm versary ° Should pay ~ movement is anm ~ erit ay process eTformance. M p adjustment is Oct. 1 and step the City s be based on satisfactory p ositions in endent ° Should step olice officer p e was dep at enerally entry level rates for p the salary rang The salary survey revealed to g ro ession through BDPA analyzed the data in a are competitive. However, p gr AS a result, of Meridian for each organization. minimum and maximum Pay upon the structure design a analysis comparing ically takes for an including a rang s data number of different way of Service analysis to determm~~° ~ ° Attachment A display along with yew's to range d 10 year time rates, TOCeed from the range minimum °Wth potential over the 5 an employee top ems. officers and shows salary gr for 5 year and 10 y period). Most typically, BDPA found that a varies by organization. anizations offer an specialty p y ecialty assignment pay. Some org • As with base wages, organizations offer certification pay and sp educational incentive and longe~ty pay' ee Focus Group, BDPA found that a new salary • Overall, based on discussions with the Emp oy 'ate for the City of Meridian Police Department. is appropn artici ation and suggestions iY structure design gill Nary bers of the Focus Group for their active p P the mein ou members included City Attorney Eri We wish to thank endations. The gr p Lt. John Overton, Sgt. the following recomm Lt. Tracy Basterrechea, preparing Lt. Bob Stowe, er, Kathy Kirby, grian Lueddeke, Stephan, Acting Chief Jeff Lavey, and officers Shawn Harp eat pride in the talent ar John Gonzales, Cit of Meridian should take gr Strolberg, S~• and Ray Ellis. The y ent. Leiper-Caldwell, mmitment of its police officers at all levels in the dep co Page 4 Executive Sumrn~'Y ensation Study -City of Meridian Law Enforcement Com2008 ©BDPA, Inc. January Summary ®f Findings Strengths and Weaknesses of the current pay structure as identified by the Focus Group: Stren hs o Motivates officers to obtain POST certificates o Entry rates are competitive o Dollar amounts on existing pay scale are reasonable Weaknesses o Impossible to reach maximum pay rates o Inconsistent administration of the pay plan o Each step decreases with high level certifications: not 4% as shown o Large discrepancy in pay for the 4-6 year officer compared to other agencies o Lack of incentive pay for CID; should be a promotion to detective o No compensation for supervisor or management certification o Specialty pays are not outlined in the plan o COLA or market adjustment needs to be built into the pay scale o Uniform allowance needs annual review o Should pay adjustments be based on anniversary date or fiscal year? Currently, market adjustment is Oct. 1 and step movement is anniversary date o Should steps be based on satisfactory performance? Merit pay process The salary survey revealed that generally entry level rates for police officer positions in the City of Meridian are competitive. However, progression through the salary range was dependent upon the structure design for each organization. As a result, BDPA analyzed the data in a number of different ways, including a range analysis comparing minimum and maximum pay rates, along with years of service analysis to determine how long it typically takes for an employee to proceed from the range minimum to range maximum. (Attachment A displays data for 5 year and 10 year officers and shows salary growth potential over the 5 and 10 year time period). • As with base wages, specialty pay varies by organization. Most typically, BDPA found that organizations offer certification pay and specialty assignment pay. Some organizations offer an educational incentive and longevity pay. • Overall, based on discussions with the Employee Focus Group, BDPA found that a new salary structure design is appropriate for the City of Meridian Police Department. We wish to thank the members of the Focus Group for their active participation and suggestions in preparing the following recommendations. The group members included City Attorney Bill Nary, Acting Chief Jeff Lavey, Lt. Bob Stowe, Lt. Tracy Basterrechea, Lt. John Overton, Sgt. Eric Strolberg, Sgt. John Gonzales, and officers Shawn Harper, Kathy Kirby, Brian Lueddeke, Stephanie Leiper-Caldwell, and Ray Ellis. The City of Meridian should take great pride in the talent and commitment of its police officers at all levels in the department. Executive Summary Page 4 Law Enforcement Compensation Study - City of Meridian ©BDPA, Inc. January, 2008 Summary of Recommendations BDPA, Inc. recommends a new Compensation Schedule for the City of Meridian Police Department. Plan design features proposed by BDPA, Inc. include: • A salary structure (Attachment B) that is aligned with market rates and provides realistic salary growth opportunities for the purpose of attracting and retaining qualified law enforcement employees. • The proposed salary structure maintains the current entry level rate for PO I with a Basic certification of $19.05 per hour. Consistent grade progressions are provided from PO I through PO IV, with a substantial increase during the third year for retention purposes, based on the survey results. An additional level of Senior PO is provided. Growth opportunities after Senior Police Officer are promotional opportunities only. • Compensation rates for police ranks above Police Officer also provide consistent grade progressions and better align the rates with market. • Specialty incentive pay includes recognition for regularly utilized skills in SWAT, Crisis Negotiation, Crash Reconstruction, Drug Recognition, Polygraph Examination, Instructor and a second approved language. • Longevity pay is recommended to recognize 10 or more years of service. • Administrative guidelines are provided for continued administration of the compensation plan. The guidelines address hire rates, market adjustments to the structure, employee pay adjustments, specialty pay, longevity pay, paid assignments, promotions, demotions and other employee status changes. A copy of the DRAFT Administrative Guidelines is included as Attachment C. Executive Summary Page 5 Law Enforcement Compensation Study -City of Meridian ©BDPA, Inc. January, 2008 Summary of Implementation Recommendations BDPA prepared cost estimates for implementation of the proposed salary structure. Under implementation, employee rates are adjusted to the next highest level over current pay for the appropriate certification level. This adjustment will place all employees on their appropriate step in the new plan. The estimated annual base cost (excluding fringe) for implementation is $147,500. Implementation for the balance of this fiscal year will be less, depending on when implementation occurs. Executive Summary Law Enforcement Compensation Study -City of Meridian ©BDPA, Inc. January, 2008 Page 6 L.J City of Meridian Police Compensation Study Comparison of Officer pay at 5 years and 10 years with an Intermediate Certification 5 - 10 Year Base Pav Comparison with Direct Competitors Base Pay at 5 yrs Base Pay at 10 yrs Salary Growth Potential with Int. Cert. with Int. Cert. from entry to maximum (with no promotions and exclusive of market adjustments) Boise $27.91 $29.03 56% over 10 yrs. or 76% over 20 yrs. Garden City $26.69 $26.69 60% over 5 yrs. Nampa $20.81 $24.22 58% over 10 yrs. Ada County $28.63 $28.63 71 % over 5 yrs. AVERAGE: $26.01 $27.14 61 % - 66% Proposed Meridian $25.71 $26.99 59% over 6 yrs. 5 - 10 Year Base Pav Comparison with Market Area Market Area includes all entities shown below Base Pay at 5 yrs Base Pay at 10 yrs Salary Growth Potential with Int. Cert. with Int. Cert. from entry to maximum (with no promotions and exclusive of market adjustments) Boise $27.91 $29.03 56% over 10 yrs. or 76% over 20 yrs. Garden City $26.69 $26.69 60% over 5 yrs. Nampa $20.81 $27.34 58% over 10 yrs. Ada County $28.63 $28.77 71 % over 5 yrs. Coeur d'Alene $22.79 $25.13 34% over 10 yrs. Pocatello $19.82 $21.62 30% over 10 yrs. Emmett $17.54 $18.25 33% over 6 yrs. Canyon County` $18.61 $23.62 52% Twin Falls" $18.08 $23.19 48% Post Falls' $22.24 $26.85 40% AVERAGE: $22.31 $25.05 48% - 50% Proposed Meridian $25.71 $26.99 59% over 6 yrs. `These 3 entities have performance based plans where movement through the range is based solely on performance. Therefore, 5 and 10 year rates are estimates only. Prepared by BDPA, Inc. Data as of 10/07 Attachment A ~ City of Meridian Police Compensation Schedule Certification Effective as of for FY 2008 RanklTltle Level Hourly Rate Steps Lieutenant III Mgt. $40.46 Supv $39.48 Adv. $38.51 4% Lieutenant II Mgt. $38.91 Supv $37.96 Adv. $37.03 4% Lieutenant I Mgt. $37.41 Supv $36.50 Adv. $35.61 8% Sgt. III Sergeant III Supv. $33.80 Adv. $32.97 Intern. $32.17 3% Sergeant II Supv. $32.81 Adv. $32.01 Intern. $31.23 3% Sergeant I Supv. $31.86 Adv. $31.08 Intern. $30.32 8% Corp III Corporallll Adv. $28.78 Intern. $28.07 Basic $27.39 4% Sr PO Corporalll Adv. $27.41 Intern. $26.74 Basic $26.09 4% PO IV Corporal) Adv. $25.61 Interrn. $24.99 Basic $24.38 4% PO III Senior PO Masters $28.36 Adv. $27.67 Intern. $26.99 Basic $26.34 5% Police Officer IV Adv. $26.35 Intern. $25.71 Basic $25.08 7% Police Officer III Adv. $24.63 or lateral entry 5+ yrs. Intern. $24.03 Basic $23.44 15% Police Officer II Adv. $21.42 or lateral entry 3-5 yrs Intern. $20.89 Basic $20.38 7% Police Officer I Adv. $20.01 of lateral entry 1-3 yrs Intern. $19.53 Basic ~ $19.05 Police Officer Recruit No Cert. $17.00 Spreadsheet is designed for easy update; when a market adjustment is made to the scale, only the highlighted cell needs to be changed, all other cells will adjust accordingly. Prepared by BDPA, Inc. City Of Meridian CURRENT STEP PLAN Employee Pay Rates MD? Hourly Rate Next Step 2nd Next Step IvIIP Position 1/31/2008 increase % increase 3rd Next Step 4th Next Step 5th Next Step increase increase increase Current Annual Wages $ 4,107,043 - $ 4,259,857 - $ 4,388,625 - $ 4,521,295 - $ 4,657,986 $ 4,798,819 New Plan Annual Wages 4,254,328 3.6% 4,498,703 5.6% 4,684,426 6.7% 4,768,384 5.5% 4,807,327 3.2% 4,822,185 0.5% crost to Implement new plar 147,285 238,846 295,801 247,089 149,341 23,366 taxes on add~lonal wages 27,071 43,900 54,368 45 415 27 449 4 295 TOTAL lyr Implement 174,356 282,746 350,169 292 504 176 790 27 660 Longevity pay 6,552 TOTAL to Implement for Sys $ 180,908 Notes from Finance after reviewing the New Proposed Step Plan for Police: 1st 4 months of FY2008 PD has salary savings of $139,935 To implement this new plan as of 3/21/2008 the cost would be $90,194 for 6 months of increased pay Cost to implement this proposed plan over 5 years is $1.3million We did note that we will have 16 employees that will not be eligible for an increase on 10/1/2008 in this proposed plan We understood that if we implement this new proposed plan, then no step increases would be given during the remainder of this fiscal year. Then the employees would be eligible for step increases in the new plan as of 10/1/2008 FYO9 ~~~~ ~~B -~ ~ ~ 2~0~ ®~~ 9!19/2008 1 Of 1 Police New Step ploposa108.x1s Fmooce Analysis • ~ February 15, 2008 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT ITEM NO. ~ O REQUEST Tabled from February 1,2008: Cooperative Construction and Reimbursement Agreement for Lill Station, Force Main and OversQe Main for Bittercreek Meadows 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: ~xceu~Ue StSS' a~ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubec meetings shad become property of the City of Meridian. '~o.~o~-e . rv~ove ~O February 15, 2008 MERIDIAN CITY COUNCIL MEETING February 19, 2008 FP 08-001 APPLICANT Brighton Corporation ITEM NO. 11 REQUEST Final Plot approval for 4 commercial building lots on 3.77 acres in a C-G zone for Paramount Commercial Southwest Subdivision -Lots 1-4, Block 1 of Paramount Commercial Southwest, e/o N. Linder Road 8~ n/o W. AAcMillan 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 Stan Report q~v~ No Comments See attached Comments See attached Comments See attached Comments Contacted: ~ ^ ~ ~ Date: ~ ~ Phone: Emailed: ~ Staff Initials: Materials presented at bUc meetings shall become property of the City of Meridian. • \~ • • BEFORE THE MERIDIAN CITY COUNCIL C/C February 19, 2008 IN THE MATTER OF THE APPLICATION OF BRIGHTON CORPORATION, FOR FINAL PLAT APPROVAL OF 4 COMMERCIAL BUILDING LOT5 IN A C-G ZONE FOR PARAMOUNT COMMERCIAL SOUTHWEST SUBDIVISION NO. 1, LOCATED EAST OF N. CINDER ROAD AND NORTH OF W. MCMILLAN ROAD, SW '/ OF THE SW 1/, SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST CASE NO. FP-08-001 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on February 19, 2008, and the Council finding that the Administrative Review is complete from Jenny Veatch, Assistant City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: February 19, 2008, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING PARAMOUNT COMMERCIAL SOUTHWEST SUBDIVISION NO. 1 LOCATED IN THE SW '/ OF THE SW '/ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT COMMERCIAL SW SUBDIVISION NO. 1 / (FP-08-001) Page 1 of 4 • OF SECTION 25, T. 4. N., R. 1. W, & BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: 12/10/2007, SHEET 1 OF 3, DARIN HOLZHEY", Ustick Marketplace, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Staff Report to the Mayor and City Council from Jenny Veatch, Assistant City Planner for the Planning and Zoning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Meeting Date: February 19, 2008, listing 13 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 17 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Brighton Corporation, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein; and the additional requirements of the Council taken at their February 19, 2008meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that plans must be submitted to Central District Health for review of any food establishment, beverage establishment, grocery store or child care center; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated ORDER OF CONDTTIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT COMMERCIAL SW SUBDIVISION NO. 1 / (FP-08-001) Page 2 of 4 • through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not morethantwenty-eight (28) days after the final decision concerning the matter at issue. A ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT COMN~RCIAL SW SUBDIVISION NO. 1 / (FP-08-001) Page 3 of 4 • request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~ day of , 2008. By: ~/ "/ Tammy de W erd ~~+~-u+++a~~„~~ Mayor, Ci of Meridian ~~~~ ~~4 Attest: ~~•~ C~ ~i, '. O Jaycee olman, City Clerk_ BAL _ ?~. _ ~~ n Copy served upon City Attorney. '~~irii Department, Public Works Department, and By: ~~~ ity Clerk's Office Dated: 5- ~. °I - D ~ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT COIVIlVIERCIAL SW SUBDIVISION NO. 1 / (FP-08-001) Page 4 of 4 CITY OF MERIDIAN PLA~ING AND PUBLIC WORKS DEPARTNTS STAFF REPORT STAFF REPORT: Meeting Date: February 19, 2008 E IDIAN~- TO: Mayor and City Council ~ ®~ ~s ~ FROM: Jenny Veatch, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator 208-898-5500 SUBJECT: Paramount Commercial Southwest Subdivision Request for Final Plat Approval of Paramount Commercial Southwest Subdivision Consisting of 4 Commercial Building Lots on 3.77 Acres in a C-G Zoning District by Brighton Corporation (File# FP-08-001). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Brighton Corporation, has applied for final plat approval of 4 commercial building lots on 3.77 acres of land for Paramount Commercial Southwest Subdivision. The zoning district for the proposed subdivision is C-G (General Retail and Service Commercial District). Paramount Commercial Southwest Subdivision is located on the northeast corner of N. Linder Road and W. McMillan Road in Section 25, T. 4N., R. 1 W. This property was previously annexed and was part of the preliminary plat of Paramount Subdivision (Lot 57, Block 3). The City Council approved the preliminary plat for Paramount Commercial Southwest Subdivision on September 25, 2007. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Paramount Commercial Southwest Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS Applicant is to meet all terms of the approved Paramount development agreement (instrument # 103137116), annexation (AZ-03-006), preliminary plat (PP-03-004), and conditional use permit (CUP-03-008) and approved Paramount Commercial Southwest modified development agreement (instrument # 107145935) and preliminary plat (PP-07-011) applications for this subdivision. 2. If the City Engineer's signature has not been obtained by 09/25/09, the Final Plat approval for this subject phase shall expire. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Revise the face of the plat to label the landscape buffer along N. Linder Road, W. McMillan Road and the east property boundary as "landscape buffers" and not as easements. FP-08-001 Paramount Commercial Southwest Subdivision FP.doc PAGF CITY OF MERIDIAN PLA~ING AND PUBLIC WORKS DEPAR~ NTS STAFF REPORT Revise the face of the plat to call out the sidewalk and associated easement along Lot 1 on W. McMillan Road. Revise the face of the plat to label all easements buffers and graphically d~pe ict the widths of the easements. 7. Revise or add the following note(s) on the face of the plat prepared by Mason & Stanfield, Inc., stamped on 12/10/07 by Darin Holzhey, prior to signature of the final plat by the City Engineer: 2.) Revise note, "This plat is subject to the development agreements recorded as instrument numbers 107145935 and 103137116 of Ada County Records." 7.) Revise note, "Lots 1-4, Block 1 are subject to a permanent ingress/egress aef and cross-access narking easement as shown. *.) Add a note, "Lots 1-4, Block 1 are subject to a City of Meridian sanitary sewer and water easement as shown." *.) Add a note addressing the maintenance responsibilities of the landscape buffers adjacent to N. Linder Road, W. McMillan Road and the east property boundary. *.) Add a note, "The bottom elevation of building footings shall be set a minimum of 12 inches above the highest known normal ground water elevation." 8. Prior to signature of the final plat by the City Engineer, all existing structures shall be removed or relocated from the site. 9. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7, and as proposed on the landscape plan. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed on the east side prior to release of building permits for this subdivision. 10. The landscape plan, prepared by The Land Group, and dated 12/10/07 is approved with the following changes: a. Substitute an Amur Maple or Flame Maple for the proposed Red Sunset Maple. The proposed tree is not heat tolerant and is subject to decay per the Boise Urban Foresty Tree Selection Guide, and is prohibited by the standards set forth in UDC 11-3B-SC. b. Unless otherwise approved with an alternative compliance application, construct a 25- foot wide landscape buffer constructed per UDC 11-3B-8 on N. Linder Road. The landscape buffers adjacent to N. Linder Road, W. McMillan Road and the east property boundary are subdivision improvements and shall be installed prior to occupancy of the first building. The internal landscaping for the individual lots/buildings and parking areas not approved with this final plat, they will be reviewed with each individual CZC. Submit three copies of a revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. Said plan shall be consistent with the changes listed above. 11. Prior to signature of the fmal plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. FP-08-001 Pazamount Commercial Southwest Subdivision FP.doc PAGF CITY OF MERIDIAN PLA~ING AND PUBLIC WORKS DEPAR• NTS STAFF REPORT 12. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 13. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate imgation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, final plat recorded and road base shall be approved prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-SC-1. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. FP-08-001 Paramount Commercial Southwest Subdivision FP.doc PAGF CITY OF MERIDIAN PLA~ING AND PUBLIC WORKS DEPARTIGIENTS STAFF REPORT 8. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 11. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 13. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 14. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. STAFF IZECOD'IlVIENDATION Staff recommends approval of the final plat for Paramount Commercial Southwest Subdivision (FP-08-001) with the above stated comments and conditions. FP-08-001 Paramount Commercial Southwest Subdivision FP.doc PAGF • .~. BRIGHTON CORPORATION February 19, 2008 To: Jenny Veatch, Assistant City Planner From: Michael D. Wardle, Director of Planning Re: Paramount Cnmrnercra! Southwest Subdivision JNo. I J We offer the following proposed actions for the referenced project: Subdivision Name Phis linal plat is the first phase of the appro~'ed commercial Je~ elopment and is titled Purunx,rrra ('rnnnus•c•iol.Snurln,•ert .tiubdh•iriorr .Cu. 1 on the plat and in the application. Proixescd Action. For clurit~. ~5'c rcyuest that the stall•repon "Suhjeci" lint and subdiaisiun name citations be changed to PurumuurN Cnnvnu~rciul Southu'es/ .~'uhdiri.5'inra .10. 1. Site Specific Condition d Condition Language: "Reuse /he face q/7he plot to luhel /he Icrnclccupe htrJ/er crlortk.\". Linder Rouel. 11". ak•.Llillurt Rood crud the eutl pr•oper/r hourulun' us "lundse•upe buffers' "and /xn ccc eu.5rnrent5'. •" Applicant ('ummcnt. We arc conrerncd that use of the temt "butler'" on x plat ma}' not be acceptahle to the Cuunt~ Surs'c~or since the definition of"hufler ~ is not included in platting codes and "hol'lers'"arc nut related to propem com'e}'aner. t~'hereas easements are. Proposed .\ction. t sae the term "landscape bul7cr easements° rather than simple "landscape bullcrs.'- With these actions, we concur with the staff report and request approval of Paramount Commercial Southwest Subdivision No. 1. n U Brig/eh,n CnrpnruNan !16//! 11: F_t~lnrer Drhe..Suete 1/10. Bnicr, Idaho 83713 r.•~rn•.hdrlcrnwenrn.rnw Tel.(?IIS/37R-01101/ Fac(2IIR).~77-896? • 6 pebruary 2008 City of Meridian City Clerk's Office Vlilliam G. Berg Jr 33 East Idaho Avenue Meridian In S?fsd2 1tE: Paramount Commerdal Southwest Subdivision Dear Will: Phones: Area Code 208 OFFICE tJampa d66J861 SHOP: IJampu 466-0663 Nampa & Meridian Irrigation District has no comment on the above-referenced application All laterals and waste ways must be protected. All municipal surface drainage must be retained on-silo. If any surface drainage Icaves the site, Nampa & Meridian Irrigation District must review drainage plans. The Developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, ~~~~ Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BlUdbg C: File-OCfiee~Shop ~~t~ ~ 7~1~r~;idttacz ~~~2 ~i~¢~,t 1503 FIRST STREET SOUTH IVAMPA, IDAHO 83651.4395 FAX k 208-463-0092 APPRO%0.1ATE IRRIGABLE ACRES RNER ftOW RIGHTS. 23,000 BOISE f901ECT RIGHTS - d0.QD0 • ! ,~ ~. ~~~ ~, WESTERN REGION OFFICE INTERMOUNTAIN GAS COMPANY 555 SOUTH COLE ROAD PO. ROX 7'008 BOISE, ID 63707 (208) 377-5000 FAX (208) 377-0867 To Planning and Zoning, ~~~,~~ 1~ ~ 6 ,~ a~~n_~,, Iatcrnrountain Gas Company has received your letter of application. In order to best serve this development Intermountain Gas does require that a 5' minimum utility easement along the irtterior lot lines and a 10' minimum utility easement along all right of ways or private drive. The private drive of the development would also be req~rired to include a utility easement for Imermountaia Gas to encroach into with the Ras lines. Thank you for your time and consideration in this mattes If you have any questions or concerns please contact Michelle Singleton at 377-6863. Sincerely, Michelle Singleton Engineering Tcch cc: Roger Phillips • Jennifer Veatch Fromr Sa~tt Nnnyuki [sco em~ar.com' S`8ilt: W@dne5d8jt, Apr~f ~a ~i~ ~ ~;,~ /~ To: dark; .iennfFer Y®atd~ Subs Swtdlai Sub #~1 and ea FEnal Peat Staff Reports Jennifer fn regards to the Sandia! Sub ~1 am! #2 FUai Plat Staff Reports, femstar Properties LLC has reviewed and agrees with Staffs ref~ort/recommendatfons. f have contacted the Landgroup Int. the make the requested changes to the Landscape Puns. Akhou$h not required, f expect these changes to be complete prwr to our fldiay 6n', 2 Pubfic treating. Thank you and #eei free to caU anytime with questions. Scott Noriyuki Sr6r'?tlf}8 February 15, 2008 VAR 07-017 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT CenterCal Properties, LLC ITEM NO. 12 REQUEST Continued Public Hearing from January 8, 20Q8 -Request for a VAR to UDC 11-3H-4 tha# prohibits new approaches from directly accessing a state a state hwy to allow 3 right in/out access points on both sides of HWY & 1 full access point to SH 55 for Meridian Town Center AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See Previous Item Packet /Minutes MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cify of Meridian. February 15, 2008 MERIDIAN CITY COUNCIL MEETING AZ 07-013 February 19, 2008 APPLICANT Equity Development ITEM NO. 13 REQUEST Continued Public Hearing from January 22, 2008 -Request for Annexation and Zoning of 4.92 acres from Ada County RUT to an R-4 zone for Matador Subdivision -1235 Eas# 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 Previous Item Packet /Minutes Contacted: ~~ ~ Date: 2'ls hone: ~~ Emailed: .~iFaff Ini#iais: Materials presented at blic meetings shall become properly of fine City of Meridian. February 15, 2008 PP 07-017 MERIDIAN CITY COUNCIL MEETING February 19, 200$ APPLICANT Equity Development ITEM NO. ~4 REQUEST Continued Public Hearing from January 22, 2008 -Request for Preliminary Plat aprpoval for 16 single family residential lots and 3 common lots on 4.92 acres in a proposed R-4 zone for Ma#adolr Subdivision - 1235 E. McMillan AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Previous Item Packet /Minutes See attached Memo ~~ ~~~ ~ ~~-O~am Contacted: Date: Emailed: Phone: Staff Initiais: Materials presented at public meetings shaft become property of the Cfly of Meridian. February 15, 2008 CPA 07-002 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT ITEM NO. ~ 5 REQUEST Public Hearing - Sovth Meridian Area Comprehensive Plan Amendment 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: Letter from Citizens Contacted: Emailed: See attached P&Z Item Packet /Minutes See attached Memo Date: Phone: _ Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • February 15, 2008 CPA 07-009 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT City of Meridian Planning Department ITEM NO. ~ 6 REQUEST Public Hearing -South Meridian Area CPA AGENCY COMMENTS CITY CLERK: See attached P&Z Item Packet /Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See atMched Memo CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: `/~ ~rP CITY BUILDING DEPT: ~ ~Q `~ l~ CITY WATER DEPT: ~ ` CITY SEWER DEPT: ~ t u-^ L~ ` ~~ 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 Letter from Citizens Contacted: Date: Phone: Emailed: Staff Inl#ials: Materials presented at public meetings shall become property of the CHy of Meridian. February 15, 2008 MERIDIAN CITY COUNCIL MEETING i AZ 07-011 February 19, 2008 APPLICANT Pole Creek Properties, Inc. ITEM NO. ~7 REQUEST Public Hearing -Request for Annexes#ion and Zoning of 6.84 acres from RUT to an R-4 medium low-density residential zone for Belhaven Subdivision - 5230 North Black Cat 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: Affidavit of Posting COMMENTS See aRachee! P8Z Item Packet /Minutes See attached Recommendations ~~re FFCL-~'er A~pro~l Contacted: 1 Date: 2~ S Phone: Emailed: Staff Initialr Materials presented at pubic naeeiings shall become properly of lh Cffy of Meridian. • • February 15, 2008 PP 07-016 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT POIe Creek Properties, Inc. ITEM NO. 18 REQUEST Public Hearing -Request for Preliminary Plat approval for 16 single family residential lots and 5 common lots on 6.84 acres in a proposed R-4 zone for Belhaven Subdiivlslon - 5230 North Black Cat 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 PB~Z ltem Packet /Minutes See attached ItecommendaHons }~rePo. r~ AFC L~cr /~Fpro~ral Contacted: '~ I k P Date: G.'"~> Phone: Emailed: Staff ini#ials: Materials presented at public meetings sha0 become properly of the City of Meridian. February 15, 2008 AZ 07-018 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT Seagle Three, LLC ITEM NO. ~ 9 REQUEST Public Hearing -Request for Annexation and Zoning of 9.764 acres from RUT to C-C zone for Settler's Square Subdivision - 870 West Ustick 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 PB~Z Item Packet /Minutes See attached Recommendations ~pn~~, Pub e.. s~° `~ ~r Contacted: Y ~,1 GhSU^ Date: 2~ Pone: Emailed: ~YIUSCY'~ ~.1~1C.. Chr` Staff inifiials: Materials presented at public meeflngs shall become properly of the City of Meridian. • February 15, 2008 PP 07-024 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT Seagle Three, LLC ITEM No. 20 REQUEST Public Hearing -Request for Preliminary Plat approval with 12 commercia building lots and 2 common lots on 9.764 acres in a proposed C-C zone for Settler's Square Subdiivlsion - 870 West Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: ~`~ Date: Phone: Staff initials: Materials presented at pubQc meetings shall become property of the City of Meridian. COMMENTS See attached P8Z Item Packet /Minutes See attached Recommendations ~~~-~i.,-~,~., sou e.. \~ February 15, 2008 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT ITEM NO. Z1 REQUEST Public Hearing -Proposed Fee Increase for Planning Department AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS Date: Phone: Emailed: Staff Initials. 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Shortly after that date (September 15, 2005), we developed a new fee schedule that was consistent with the new code. The structure of the fee schedule was a significant departure from our previous schedule. Instead of "per acre" or "per square feet" charges, the fee structure was based on the average time it takes Planning Department, Clerks, and Public Works staff to process a typical application. The 2005 fee schedule is still in place; I have not adjusted fees since it was adopted. As I look at our average revenue per application since adoption of the new fee schedule, it has significantly decreased: Planning Department Hearing Staff Average Cost Fiscal Year Revenue Applications Applications per Application Actual FY02 $207,316 203 85 $720 Actual FY03 $266,269 302 98 $666 Actual FY04 $271,474 298 118 $653 Actual FY05 $548,786 390 192 $943 Actual FY06 $521,816 505 259 $683 Est. FY07 $325,000 363 229 $549 In FY06, the Planning Department processed 31% more applications, but experienced a 5% decline in revenue. Similarly, if I compare the estimated revenues from this fiscal year (FY07) to FY05, we processed nearly the same total number of applications, but received only 40% of the revenue. This indicates to me that our 2005 fee structure was too low and actually represented a significant decrease in fees than the prior fee structure. In addition to that fact, our cost of doing business has also increased. In developing the new fees, we (Public Works and Planning Staff) re-evaluated the time it takes us to process applications and adjust our spreadsheet accordingly. In general, we felt we had underestimated the time it takes to research projects and to work with applicants to guide them through our review processes to ensure complete applications. In developing the new fees, we also added time for the attorneys that now work with us throughout the application process. Furthermore, we added the costs associated with transcripts and publishing ordinances. What are the new fees? Three new application fees are proposed. We previously charged a "miscellaneous" fee for the development agreement and development agreement modifications. We recently amended the code to specifically address these items, and we felt it was appropriate to have a specific fee as well. We do not currently charge applicants for the many hours of time we spend reviewing, approving, and releasing surety. Table 7: New Fees Permit/Decision Proposed Existing Fee ($) Fee ($) Development agreement 303 459 Development agreement modification 502 459 Surety fee 133 0 2/19/2008 We are proposing to lower two fees to better reflect the time we spend on those applications: Table 3: Decrease in Fees Permit/Decision Proposed Existing Fee Fee Accessory use for daycare or home occupation 160 163 Director determination 213 250 A number of our fees have increased slightly (approximately 7%) to reflect an increase in wages over the last two years. Those fees are: Table 2: Modest /ncrease in Fees Permit/Decision Proposed Existing Fee ($) Fee ($) Inspections, additional 53 50 Planned unit development, per exception fee 107 100 Sign 53 50 Sign, planned sign program 67 63 Sign, temporary 27 25 Zoning verification letter 53 50 What kind of revenue will this generate? If I assume we have a similar number of applications as this last fiscal year, the new fees would generate $472,000. Under the current fee structure the revenue would be $325,000. In preparing the budget for this fiscal year, the finance department estimated an income of $400,000. Without this increase in fees, we will not meet our expected budget. How does this compare to other cities? The proposed fees are most similar to those of Boise City and Ada County. Some communities have consultant engineers review plat and survey documents (Eagle most notably) so the fee schedule does not include engineering fees. Councilmember Borton asked that I call around to other cities and find out why some of their fees were much lower than ours. I only had a chance to contact Boise, and the general sentiment was that some of their fees did not reflect the time necessary to process the applications. As a much more general comment, there is debate among planning professionals as to the extent that planning fees should be borne by developers. One of our primary commitments is to represent the general public in critiquing development applications. The intent of my fee schedule was to recover the cost of processing development applications, but not to fund the comprehensive planning division. Notes: 2/19/2008 ~ ! Table 6; Full List of Proposed Fee Changes pennit/decision total fee existing fee $ change % change accessory use for daycare or home occupation 160 163 -3 -2% additional hearing (post reconsideration) 692 142 550 387% alternative compliance 160 100 60 60% annexation, staff prepared consensual 2086 1206 880 73% annexation/rezone 1826 906 920 102°!0 annexation/rezone w/out concurrent application 2092 1206 886 73% certificate of zoning compliance 453 375 78 21 certificate of zoning compliance w/prior approval 187 125 62 49% city council review (appeal) 692 603 89 15% comprehensive plan map amendment 2409 1018 1391 137% comprehensive plan text amendment 1431 606 825 136% conditional use (or Commission level modification) 1369 1046 323 31 conditional use modification 378 206 172 83% development agreement 303 0 303 #DIV/0! development agreement modification 502 459 43 9% director determination 213 250 -37 -15% design review 173 100 73 73% inspections, additional 53 50 3 7% miscellaneous hearing item 937 459 478 104% planned unit development 2251 1261 990 78% planned unit developmnet, per exception fee 107 100 7 7% plat, combination 2189 1228 961 78% plat, combination per lot fire fee 1 1 0 0% plat, final 1242 718 524 73% plat, final per lot P&Z and PW fee 36 28 8 27% plat, final, modification to condition 541 350 191 55% plat, preliminary 2264 1276 988 77% plat, preliminary per lot fire fee 1 1 0 0% plat, preliminary per lot P8Z and PW fee 24 20 4 22% plat, short 868 410 458 112% private road 198 50 148 296% property boundary adjustment 365 149 216 145% sign 53 50 3 7% sign, planned sign program 67 63 4 6% sign, temporary 27 25 2 7% surety fee 133 0 133 #DIV/0! temporary use 133 125 8 7% time extension, Commission or Council 493 444 49 11% time extension, Director 133 75 58 78% unified development code amendment 1,723 806 917 114% vacations (including recorded plat notes) 589 375 214 57% variance 1,056 603 453 75% zoning verification letter 53 50 3 7% 2!19/2008 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE February 19, 2008 ITEM # PROJECT NUMBER 21 PROJECT NAME Proposed Fee Increase for Planning Dept. PLEASE PRINT NAME ~~ ~ ,~ ~~~a~~ ~'~~ ~i~c~ c~a FOR I AGAINST (NEUTRAL I ~ ~- • February 15, 2008 AZ 07-006 & RZ 07-010 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT Stanley Consultants ITEM NO. 22 REQUEST Ordinance -Request for Annexation and Zoning of 94.69 acres from RUT to a C-G zone for Pinebridge and a Rezone of 75.67 acres from I-L 8~ L-O zones to a C-G zone for Pinebr~dge - e/o of N. Locust Grove 8~ W/o of N. Eagle AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached ©rdtnance ~plra ~' ~- X34 ~ Date: Phone: StafF Initials: Materials presented at pubOc meetings shall become properly of the City of Meridian. j ADA COUNTY RECORDER J. DAUI UARRO AMOUNT .00 20 • f. BOISE IDAHO 02J28I08 01:41 PM~ DEPUTY Pad Thompson ~ RECORDED-.REQUEST OF III IIIIIIII IIhI~III~I I IIIIII II I I1I ~ City of Meridian //11 ~ ~~ CITY OF MERIDIAN ORDINANCE NO. V BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE {AZ 07-006 & RZ 07-010 PINEBRIDGE SUBDIVISION) FOR ANNEXATION AND RE-ZONING OF A PARCEL OF LAND BEING PORTIONS OF THE NW '/< ,THE NORTH HALF OF THE SE '/a AND THE NORTH HALF OF THE SW 1/ OF SECTION $ TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM Rl AND RUT (ADA COUNTY) AND I- L(LIGHT INDUSTRIAL DISTRICT) TO C-G (GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF TffiS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUM. MARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit: DMB Investments, LLC. SECTION 2. That the above-described real property is hereby annexed and re-zoned from R1 (Ada County) and I-L (Light Industrial District) to C-G (General Retail and Service Commercial District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws ofthe State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. ANNEXATION OF AZ-07-006 and RZ 07-010 PINEBRIDGE SUBDIVISION Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and azea maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith aze hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepazed in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map- with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of ~~ ~fU Q~r~ , 2008. APPROVED BY THE MAYOR OF THE CITY OF MERIDIfAN, IDAHO, this day of a 2008. /''~~~ ~~ , ATTEST: =`~` ~ ~TF ~~% de WEERD o ~~AL JAYCEE OLMAN, CITY CLERK q T ts~ ,'`~~ ~~' ,f ` O W ANNEXATION OF AZ-07-006 and ,,RZ ~~'~1~ OIdtl~'~`RIDGE SUBDIVISION ~0~>P Page 2 of 3 • STATE OF IDAHO, ) ss. County of Ada ) On this ~ day of 2008, before me, the undersigned, a Notary Public in and for said State, personally appear i TAMMY de WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. _.~s~~., (SEAL) '~., ~~• ARY PUBLIC FOR IDAHO RESIDING AT: L'U.!O1A1~1..1 MY COMMISSION EXPIRES: ANNEXATION OF A~07-006 and RZ 07-010 PINEBRIDGE SUBDIVISION Page 3 of 3 ~~ -~ • ~ • DESCRIPTION FOR PINEBRIDGE OVERALL PARCEL December 26, 2006 A PARCEL OF LAND BEING PORTIONS OF THE NW'/, THE NORTH HALF OF THE S'E'/ AND THE NORTH HALF OF THE SW'/ OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERLDIAN, ADA COUNTY, 1'DAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 8, T. 3 N., R. 1 E.., B.M., ADA COUNTY, IDAHO, THENCE N 89°34'33" E 1591.59 FEET ALONG THE NORTH LINE OF SAID SECTION 8 TO A POINT; THENCE S 00°05'54" W 40.76 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF FAIRVIEW AVENUE, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 89°59'07° E 867.33 FEET ALONG SAID SOUTHERLY RIGHT OF WAY TO A POINT; TH-ENCE S 00°04'24" W 1102.70 FEET TO A POINT; THENCE N 89°36'25" E 193.77 FEET TO A POINT ON THE EAST LINE OF THE NW'/a OF SAfD SECTION 8; THENCE S 00°04'01" W 1502.84 FEET TO THE SOUTHEAST CORNSR F THE NW'/a OF SAID SECTION 8; THENCE S 00'°05'17" W 45.00 FEET ALONG THE WEST LINE OF THE SE'/ TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF PINE~AVENUE; ALONG THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE THE FOLLOWING.: TH-ENCE N $9°39'03" E 330.64 FEET TO A POINT OF CURVATURE; THENCE 164.20 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS Of 444.28 FEET, A DELTA ANGLE OF 21°10'34", A TANGENT OF 83.05 FEET AND A CHORD BEARING OF N 79°03'46" E 163.27 FEET TO A POINT OF TANGENCEY; 19642-OVER.ALLPARCEL. `~ THENCE N 00°20'57" W 15.00 FEET l'O A POINT; TH.E.NGE N 89°39'03" E 1683.48 FEET TO A P01.NT; TH.E.NCE S 00°20'57" E 33.00 FEET TO A POINT; TH-ENCE N 89°39'03" E 353.77 FEET TO A POINT; • TH-ENCE S 44°22'51" E 22.68 FEET TO A POINT ON THE WESTERLY R°IGHT OF WAY OF EAGLE ROAD; LEAVING SAID SOUTHERLY RIGHT OF WAY OF PINE AVENUE AN:D ALONG THE WESTERLY RIGHT OF WAY OF EAGLE ROAD THE FOLLOWING: THE~NGE S 01°02'07° W 770.98 FEET TO A POINT; THENCE S 71°10'34" W 74.43 FEET TO A PO-INT; THENCE S 01°02'07" W 50.00 FEET TO A POINT; THENCE S 69°31'00" E 13.77 FEET TO A POINT; LEAVING SAID WESTERLY RIGHT OF WAY OF EAGLE ROAD: THENCE N 88°55'23" W 2423.39 FEET TO A POINT; THENCE N 00°05'17" E 97.08 FEET TO A PO-INT; TH~E'NCE N 89°55'00" W 13.46 FEET TO A POINT; THENCE N 44°54'55" W 42.49 FEET TO APOINT; THENCE N 00°05'17" E 48.11 FEET TO A POINT; THENCE N 89°55'00" W 6.50 FEET TO A POINT ON THE WEST LINE OF THE SE'/< OF SAID SECTION 8; THENCE N 00°05'17" E 0.31 FEET TO A POINT; THENCE S 89°38'12" W 1329.04 FEET TO A POINT; THENCE N 00°01'11" E 331.21 FEET TO A POINT; THENCE S 89°38'43" W 657.47 FEET TO A POf'NT; 19642-OVERALLPARCBL f ~ • (r_ THENCE N 00°00'36" E 331.45 FEET TO A POINT ON THE SOUTH LINE OF THE NW '/ OF SAID SECTION 8; THENCE N 89°38'58" E 25.01 FEET TO A POINT; THENCE N 00°00'36" E 810.68 FEET TO A POINT; THENCE N 89459'33" W 662.38 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF LOCUST GROVE ROAD; THENCE N 00°00'16" E 670.41 FEET ALONG SAID RIGHT OF WAY TO A POINT; THENCE S 89°59'39" E 483.27 FEET TO A POINT; THENCE S 55°51'09" E 314.44 FEET TO A POINT; THENCE S 65°46'37" E 588.99 FEET TO A POINT; THENCE S 68°24'37" E 195.54 FEET TO A .POINT; THENCE N 00°09'39" E 1189.4fi FEET TO A POINT; THENCE N 89°53'28" E 100.03 FEET TO A POINT; THENCE N 00°05'54° E 435.78 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 169.80 ACRES MORE OR LESS. THIS PARCEL LS SUBJECT TO ALL EXISTI°NG EASEMENTS AND RIGHTS OF WAY. MICHAEL E. MARKS, PLS N0.4998 s Evr ' APP o~~li MAR 12 207 MERIDIAN PUB41C WORKS DEPT. 19642-OVERALLPARCEL . 'S 89'34'33" W' .2652.58'. . 06 05• ~ ~ ~~ FAIRVIEW AVENUE ~ ~ ~ •1061.36'• .' 05 _ N 89°34 33 E _ _ _ _... ____ .~._. . ' ~ -~ ~.- 07 08 ____ 1591.59 500°05'54"W w S89°59 07 E 867.33 - ~8 . ~ NW SECTION 4Q.76' • CORNER SEC8 ~ pp I I CP&F#938130 E X H I I T" B" ° ~' I° N. B n o o t'M N o '~' l o ~ I ~ r- - ~ N89'S3'28"E 100.03' ~ I : I~ ~ ~ N I N B~vl ~~a aovAL I ~ I o N I I orno I o N ~ MAR 12 20x7 `~ ' I 25.00 MERIDIAN RUBLIC ' S89°59'39" E WORKS DEPT, i,~ r • ~ 483.27' S3 s70 ~~ ~ N89'36'25"E o ~ 7gA 9~ I orn 193.77' .N~ ~ `~ Sss~ , to I : .oll~ 5889`3"F Z ~I : w~.lo e• o w ~o Q o 0 D I ° ~ o ~ z N89°59'33"W OVERALL PARCEL ~ I°g 662.38 .7,396,686 sq.ft. ~ z z 568'24 37 E 195.54 ' 25.00' 169.80 acres ° I ~ . w ° o ol~ cn ~~ ~ a o ' ~ ol~ I . . ( z I . N 89'38'58" E 25.01' 2649.bT CENTER 1/4 CORNER • 490 79' 07 -- ------_..._---- W1/4 CORNER 662.30' w 1962.36' S00°05'17"W 330.64 g SECTION 8 M _ CP&F X102003706 ~ ~ 45'00' o o G N7 o '~ °° ~ S89'38'43"W °o N ~ 657.47' w _ r r Z .- N `~ 07 08 ~ ~ ~ .- ~ ° `~ S89°38'12"W 1329.04' 18 17 ° - - - - Z Z 0 ~ REVISIONS O M a PINEB~RIDGE OVERALL PARCEL LEGAL DESCRIPTION EXHIBIT LOCATED IN SECTION 8, T.3 N., R.1 E., B.M MERIDIAN, ADA COUNTY, IDAHO M (V M d' r N ~ (O ' 17"E~ Stanley Consultants ~~. 1940 S. BONITO WAY SUITE 140 MERIDIAN, IDAHO 83642 208-288-0573 IoRAWN: MEMDATE: 12/15/06 ~ SCALE: 1=400 ~ JOB P10. 19642 I EXHIBIT "C" 05 S 89'57'11" W 2644.03' 0~ 04 0~ FAiRVtEW AVENUE 08 09 b ~ N O tD O M ~ O ~ '" N A/ ~ f0 N89°36'25"E N 193.77' I ~~ N w 0 0 l1') O '~- ~ 0 0 O ~Iz o~ bl of 0 LINE TA BLE LINE LENGTH BEARING L-1 13.46 N89°55'00"W L-2 42.49 N44°54'55"VU L-3 6.50 N89'S5'00"W L-4 33.00 S00°20'57"E L-5 15.00 N00°20'57"W I I w N .n 0 .i .Z CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CHORD BEARING CHORD C1 164.20' 444.28' 21.'10'34" 83.05' S 79'03'46" W 163.27 I 0 la 0 W I o ~ S00°05'17"W I w ~ 45.00' ~ S 89'39'03" W 2615.02' • • PINE AVENUE 440.75'' 490.79' _ _ _ ~ _ _ _ ,+ 08 09 z ~ L5 1683.48' L4J' 353.77' ~1/4 330.64 C1 ' S44°22'S1'E ' ~' 22.68' ~ N s N ~I '` OVERALL PARCEL o~ 00 ~ `~ ~ ~ ~I tO 7,396,686 s ft. `~ `" N00°05'17"E Q' °~ ~ • 169.80 acres 48.11' S71'10'34"W N L3 ~. I ~ I w• ~I~ ~ o y O (V o tO o tO J (/1 2 O " REVISIONS 0 DRAWN: 2 74.43 • S01 °02'07"W o ~~1 N88°55'23"W 50.00' IoN ------ ;, - '_ ~ .2423. 9 - - ~..~ ~ ~ o ,N00°0517 E S69'31'00"E M N 97.08' 13.77 a S 88'57'53" E ^ • 127.02' 0809 PINEBRIDGE OVERALL PARCEL LEGAL DESCRIPTION EXHIBIT LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. MERIDIAN, ADA CO-LINTY, IDAHO MEM DATE: 12/15/06 SCALE: 1=400 Stanley Consultants IMC. 1940 S. BONITO WAY SUITE 140 MERIDIAN, IDAHO 83642 208-288-0573 JOB N0. 19642 Ir DESCRIPTION FOR PINEBRIDGE AN:N'EXATION PARCEL 1 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE NW'/, OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOLS.E MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 8, T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°34'33" E 1591.59 FEET ALONG THE NORTH LINE OF SAID SECTION 8 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 89°34'33" E 191.60 FEET ALONG SAID NORTH LINE TO A POINT; THENCE S 00°02'34" W 325.02 FEET TO A POINT; THENCE N 89°34'33" E 95.00 FEET TO A POINT; THENCE N 00°02'34" E 325.02 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 8; THENCE N 89°34'33" E 580.75 FEET ALONG SAID NORTH LINE TO A POINT; THENCE S 00°04'24" W 1150.10 FEET TO A POINT; THENCE N 89°36'25" E 193.77 FEET TO A POINT ON THE EAST L1N~E OF THE NW '/< OF SAID SECTION 8; THENCE S 00°04'01" W 622.51 FEET ALONG SAID EAST L11VE TO A POINT; THENCE S 88°13'39" W 847.84 FEET TO A POINT; THENCE N 68°24'37" W 321.74 FEET TO A POINT; THENCE S 00°02'44" E $29.49 FEET TO A POINT; THENCE S 89°38'58" W 817.40 FEET TO A POINT; THENCE N 00°00'36" E 660.67 FEET TO A POINT; 19642-ANNEXATION PARCEL 1 . ~~ r ~ ~ i THENCE N 89°59'33" W 687.38 FEET TO A POINT ON THE WEST LINE OF THE NW '/ OF SAID SECTION 8; TH:ENGE N 00°00'16" E fi70.41 FEET ALONG SAID WEST LINE TO A POINT; THENCE S 89°59'39° E 508.27 FEET TO A POINT; THENCE S 55°5'1'09" E 314.44 FEET TO A POINT; TH~ENC.E S 65°46'37" E 588.99 FEET TO A POINT; THENCE S 68°24'37" E 195.54 FEET TO A POINT; THENCE N 00°09'39" E 1189.46 FEET TO A POINT; THENCE N 89°53'28" E 100.03 FEET TO A POINT; THENCE N 00°05'54" E 476.54 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CO~NTAIN:ING 69.47 ACRES MORE OR LESS. THIS PARCEL I'S SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. REVi PPROVAL ~3V M~-R 12 2007 M WQRKS DEPT.4C MICHAEL E. MARKS, PLS N0.4998 19642-ANNEXATION PARCEL 1 ~- • EXHIBIT "B" 06 05 S 89'34'33" W ,,.,Y ., ~ ~ 1591.59' ~ 19 st ~ ~ ~ I 'n co 0 O ~ ~~ ~ ' N .~ I~ w t0 M ~ o °' N S89 59'39" o 508.27' Z I °a ~ ~ ~~~F o ~a .,~,• ° S68'24'37"E 195.54' N N89 59'33"W v 687.38' O N ' W NIO ~~ W ~ o~~ ~1 ~~~ m Q~~ g~ ~_ 00 ~ °° z) S89 38'58"W 817.40' N 89'38'58" E . ~~ nn 687.31` z O ioNS PIN~EBRI~DGE ANNEXATION PARCEL ONE (1) LEGAL DESCRI~PTI~ON EXHIBIT it d 0 2652.58' 1 /4 CORNER FAIRVIEW AVENUE_ _ 05 1.60' 580.75' tsas4' $ ~ N = O , - N N00'02'34"E I - I o "~ 325.02 0 ~ N89'34'34"E ~ ~~ 95.00 ~ o N N89'S3'28"E o ~ ~ 100.03 00 ~ o ~' I ~ N ANNEXATION PARCEL 1 ~ I 3,025,929 sq.ft. 69.46 acres ~ N89'36'25"E/ I 193.77' o~a ,a. c.; O N of to a ~?4 3>•. 32j ~4,W S88~3'39"W 847.84' iv M O ao , ~ ~ Roves. MAR 12 200 I NI W O KS DEPT. C I -----~ LOCATED IN SECTION S, T.3 N., R.1 E., B.M. MERIDIAN, ADA COUNTY, IDAHO Stanley Consultants LNG 1940 S. BONITO WAY SUITE 140 MERIDIAN. IDAHO 83642 208-288-0573 Z ~ORAWN: MEM DATE: 12/15/06 I SC9LE: NTS I JOB N0. 19642 • ~i DESCRIPTION FOR PINEBRIDGE ANNEXATION PARCEL 2 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE SW'/4 OF SECTION 8, TOWNSHLP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SW '/ OF SECTION 8 (WEST'/ CORNER), T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°38'58" E 662.30 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 89°38'58° E 1987.37 FEET TO TH'E NORTHEAST CORNER OF THE SW'/a (CENTER'/ CORNER) OF SAID SECTION 8; THENCE S 00°05'17" W 662.33 FEET ALONG THE EAST LINE OF SAID SW'/ TO A POINT; _ THENCE S 89°38'12" W 1329.06 FEET TO A POINT; THENCE N 00°01'11" E 331.21 FEET TO A POINT; THENCE S 89°38'43" W 657.47 FEET TO A POINT; THENCE N 00°00'36" E 331.45 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 25.22 ACRES MORE OR LESS. TH~fS PARCEL IS SUBJECT~TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. B ~IE PP OVAL ~aR ~ z zf3~~ MERIDIAN PUBLIC WORKS DEPT. 19642-ANNEXATION PARCEL 2 EXHlB~T "C" oe ~ FAIRVIEW AVENUE 1/45CORNER 07'08 S 89'34'33° W 2652.58' a C ~ ri I ANNEXATION I '„~ PARCEL 1 i I s o. ~~~ ~W N - ~ .A D v 07 os zeas.s7' ceNrER i/a z t9B7.3T w ~ z ~ o N ~ vim'- ~' ~~ "' ANNEXATION PARCEL 2 °' e 589'38'43"W N _.4_ 1,098,607 sq.ft. W .g z z 25.22 acres ~ ;S a ~ ~ ~m 0I _ _ S89'38'12°W 1329.04' I w N ~ ~ LAYNE INDUSTRIAL PARK p `' c w ~Y vi ovAi R9AR 12 ZQ~7 N 2 U O REVISIONS 4 a DRAWN: MERlDlgN PUBt,lC WORKS DEPT PINEBRI~DGE ANNEXATION PARCEL TWO (2) Stanley consultants LNG LEGAL EXHIBIT 1940 S. BONITO WAY LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. SUITE 140 MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 208-288-0573 M'EM 12/15/06 SCALE: 1" =400' JOB N0. 19642 l DESCRIPTION FOR PINEBRIDGE RE20NE PARCEL 1 December 26, 2006 A PARCEL OF LAND BEING A PORTION O~F THE SE'/4 OF SECTION 8, TOWNSHfP 3 NORTH., RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BE'tNG MORE PARTICU-EARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SE'/a (EAST'/ CO'RN'ER) OF SECTION 8, T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE S 89°39'03" W 440.75 FEET ALONG TH:E NORTH LLNE OF THE SE '/a TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°20'57" E 33..00 FEET TO A POi'NT ON THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE; THENCE N 89°39'03" E 353.77 FEET ALONG SAID SOUTHERLY RIGHT OF WAY TO A POINT; THENCE S 44°22'51" E 22.68 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; ALONG THE WESTERLY RIGHT OF WAY OF EAGLE ROAD THE FOLLOWING: THENCE S 01°02'07" W 770.98 FEET TO A P01NT; THENCE S 71°10'34" W 74.43 FEET TO A POINT; THENCE S 01°02'07" W 50.00 FEET TO A POINT; THENCE S 69°31'00" E 13.77 FEET TO A POfNT; LEAVING SAID WESTERLY RIGHT OF WAY OF EAGLE ROAD: THENCE N 88°55'23" W 2423.39 FEET TO A POINT; THENCE N 00°05'17" E 97.08 FEET TO A POINT; THENCE N 89°55'00" W 13.46 FEET TO A POINT; 19642-REZONE PARCEL 1 ~~ • ~ • THENCE N 44°54'55" W 42.49 FEET TO A POINT; TH:ENGE N 00°05'17" E 48.11 FEET TO A POLNT; THENCE N 89°55'00" W 6.50 FEET TO A POINT ON THE WEST LINE OF THE SE'/ OF SAID SECTION 8; THENCE N 00°05'17" E 617.64 FEET ALONG SAID WEST LINE TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF PINE AVENUE; ALONG THE SOUTHERLY RIGHT OF WAY O.F PINE AVENUE THE FOLLOWING: THENCE N 89°39'03" E 330.64 FEET TO A POINT OF CURVATURE; THENCE 164.20 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 444.28 FEET, A DELTA ANGLE OF 21°10'34", A TANGENT OF 83.05 FEET AND A CHORD BEARLNG OF N 79°03'46° E 163.27 FEET TO A POINT ON A CURVE; THENCE N 00°20'57° W 15.00 FEET TO A POINT; THENCE N 89°39'03" E 1683.48 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. SAND PARCEL CONTAINLNG 49.64 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. ~ .• F2EVIEW RDVAL . . 9 /~ BY _ ,~~ ~ ~ .1/, MAR 12 2~~7 ~~ . ~~~ ~ WORKS DEp71C 19b42-REZONE PARCEL 1 ~XHf BIT "B" ~ • CENTER 1/4 CORNER PINE AVENUE N 89'39'03" E 2615.02' 1683.48' N 89'39'03" E S00'20'S ~~ ~1/4 CORNER 440.75' Og 09 353.77' N 89'39'03" E ~ 44'22'51 "E I 22.68' '` I REZONE PARCEL 1 N1O°' ~ N `O 2,162,334 sq..ft. ~~ lrn ~' L3 N00'05'17"E 49.64 acres ' ' " o ~, N ,., ' 571 10 34 W ~ ~' in L2 48.1i 74.43' z L1 N00'05'17"E S01'02'07"W 97.08 N88'S5 23 W 50.00' ' • 2423.39 S6 '3 '0 o 13.77' ° S 88'57'53" E ~ 127.02' ~ w N 1/16 CORNER I i~ ~ M ~ ~ I O 1 O sY v'e PP OVAL ° ~ cn ~A~ ~ 2 `~~ 08 FRANKLIN ROAD g gg•39'17" W 08 09 MERIDIAN PUBLIC ~~~~ X . ' WORKS DEPT. 1/4 CORNER 2570.96 17 16 LINE TA BLE LfNE LENGTH BEARING L-1 13.46 N89°55'00"W L-2 42.49 N44°54'55"W L-3 6.50 N89'S5'00"W CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CHORD BEARING CHORD C1 164.20' 444.28' 21'10'34" 83.05' S 79'03'46" W 163.27.' REVISIONS PINEBRIDGE REZONING PARCEL (1) LEGAL Stanley Consultants LNG DESCRIPTION EXHIBIT 1s4o s. BONITO WAY LO-GATED IN SECTION 8, T.3 N., R.1 E., B.M. SUITE 140 MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 208-288-0573 )RAWN:, M~EM (DATE: 12/15/06 I SCALE: 1=400 I JOB N0. 19642 1 ~ • ~~ i DESCRIPTION FOR PINEBRIDGE REZONE PARCEL 2 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE NW'/a OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NW'/< OF SECTION 8 (WEST'/< CORNER). T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO, THENCE N 89°38'58" E 687.31 FEET ALONG THE SOUTH LINE OF THE NW '/ TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 00°00'36" E 150.00 FEET TO A POINT; THENCE N 89°38'58" E 817.40 FEET TO A POINT; THENCE N 00°02'44° W 829.49 FEET TO A POINT; THENCE S 68°24'37" E 321.74 FEET TO A POINT; THENCE N 88°13'39" E 847.84 FEET TO A POINT ON THE EAST LINE OF SAID NW %; THENCE S 00°04'01" W 880.32 FEET TO THE SOUTHEAST CORNER OF SAID NW'/4, THENCE S 89°38'58" W 1962.36 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 26.03 ACRES MORE OR LESS, THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. REVI APP VAL BY MAR i 32007 MERIDIAN PUBLIC WORKS DEPT. 19642•REZONE PARCEL 2 ~~ ~ r ~ DESCRIPTION FOR PINEBRIDGE REZONE PARCEL 3 December 26, 2006 A PARCEL OF LAND BEING A PORTION OF THE NW'/4, OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF TH.E BOFSE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 8, T. 3 N., R. E., B..M., ADA COUNTY, IDAHO, THENCE N 89°34'33° E 1783.1.9 FEET ALONG THE NORTH L1.Nf OF SAID SECTION 8 TO THE REAL POINT OF BEGINN1NG OF THIS DESCRIPTION; THENCE N 89°34'33" E 95A0 FEET ALONG SAID NORTH L1N~E TO A POINT; THENCE S 00°02'34" W 325.02 FEET TO A POINT; THENCE S 89°34'34" W 95.00 FEET TO A POINT; THENCE N 00°02'34" E 325.02 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINiIVG 0.70 ACRES MORE OR LESS. THIS PARCEL IS SUBJECT TO ALL EXISTCNG EASEMENTS AND RIGHTS OF WAY. ~5Y ~~ ~~~ ~~~.~ MICHAEL E. MARKS, PLS N0.4998 REVI ~ROVAL BY BAR 13 2007 h"IERIDIAN PUBLIC WORKS DEPT. 19642-REZONE PARCEL 3 XHIBIT "C" os os OT 08 i c O ' ~ I a° v_ FAIRVIEW AVENUE ~ • ~- •--~ i/4 CORNER I PINE oT ~ AVENUE N:89'38'S8"E 687.31' S32~ )3~~£ N88~'13'39"E 4 847.84' z 0 N' O 0 ~ N O CO-~g REZONE PARCEL 2 ~~° 1,133,930 sq.ft. N'o 26.03 acres N89'38'58"E ~ s ~ 817.40' CENTER 1/4 CORNER S89'38'S8"W 1962.36' --~ REVISIONS PINEB-RIDGE REZONING PARCEL (2) LEGAL DESCRIPTION EXHIBIT LOCATED IN SECTION 8, T.3 N., R.1 E., B.M. MERIDIAN, ADA COUNTY, IDAHO Stanley Consultants .NC. 1940 S. BONITO WAY SUITE 140 MERIDIAN, IDAHO 83642 208-288-0573 )RAWN: MEM DATE: 12/26/06 I SCALE: 1=400 I JOB N0. 19642 , EXHIBIT "D" S 89'34 33° W 2652 58' 06 arj FAJRVIEW AVENUE N $ 95 03 ~ E 1/4 CORNER _ _ _ as 07 ~ +~ 17$3.19' ~ 774 39' $ N00'02'34°E . 325 02' S00"0234' W 325 02' I " N ~ O I 4 "Iql ~ ~ ~ 95 00 = I N ~ - REZONE PARCEL 3 a ( 30,876 sq ft J o 0 71 acres I I~ .o ~ ~ JJ, I~ I o~ W $j jW ~~ o O ( a z ~ ~ 0 " °o I - ~ ~ z 07 08 VA1. REVI • gY MAR 13 2007 1AN PUBLIC ~ ~ERlD WORKS p~pT. z REVisiorls PINEBRIDGE REZONING ~~ PARCEL (3) LEGAL Start Consultants ~. DESCRIPTION EXH181T 7940 S. 80.NIT0 WAY LOCATED IN SECTION 8, T.3 N., R.7 E. 8.M_ suITE 740 ~ , MERIDIAN, ADA COUNTY, IDAHO MERIDIAN. IDAHO 83642 2os-288-os73 y~y~; MEM DATE: 12/1506 SCALE: 1=4U0 JOB N0. 19842 i f 1 i r ~ February 15, 2008 AZ 07-014 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT Morgan Development ITEM NO. 23 REQUEST Ordinance -- Request for Annexation and Zoning of 7.55 acres from RUT 7.55 acres from RUT and R 1 to a C-C zone for Woodland Springs -- northeast corner of McMillan Road and Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY ' CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Ordinance Staff Initials: Materials presented of public meetings shall become property of the CHy of Meridian. Date: Phone: -.- -,~-: y---. - -~---- -- --- - 'AD~ I-pUNTY' RER d. DAVID NAVARRO AMOUNT .00 BOISE IDAHO ~02J28108 01:41 PM DE~UIY Pa~.thompson II~ ~~~~~~~~~I~~~~~~~~~~~~~~I`~~~~~~~ ~~~ RECOROII)-AEOUEST OF 10~0C2g'~ 1 ~ ~ ( L City of (idlan~ ~" CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 07-014 WOODLAND SPRINGS) FOR ANNEXATION OF A PARCEL OF LAND BEING PART OF THE SOUTHWEST '/ OF THE SOUTHWEST'/ OF SECTION 29 TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT AND Rl (ADA COUNTY) TO C-N (NEIGHBORHOOD BUSINESS DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMPYIARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES.; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Woodland Springs, LLC. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT and Rl (Ada County) to C-N (Neighborhood Business District), in the Meridian City Cade. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. ANNEXATION OF AZ-07-014 WOODLAND SPRINGS Page 1 of 3 • SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official reaps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The City Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepazed in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full City Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~ 2008. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of ~~ 1 2008. K MAYOR de WEERD ANNEXATION OF AZ-07-014 WOODLAND SPRINGS Page 2 of 3 ~ ~` /, ~ ~gTF ~ i~ ~ Q ATTEST: = $~~~ ~ 9 ~ ` JAYCEE OLMAN, CITY CLERK ~~~'%~~~Y , ~P`~~~-` STATE OF IDAHO, ) } ss. County of Ada ) On this ~~~ day of ~br~ a ~ y , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. • •• {SEAL) ;~ : 0't~~ '~. :N; ~ ~ • ~ ~ . • ~ . r ~~ G i~~i ~ • ~•~ tl •~~ NOTARY PUBLIC FOR IDAHO RESIDING AT: C' ~ In MY COMMISSION EXPIRES: - I~ / ANNEXATION OF AZ-07-014 WOODLAND SPRINGS Page 3 of 3 ~. " GPS, BOUNDARY, e' 'POPOt}RAI~HICANDA.I~TA.~ . ~ SURYFXS .. • ~ ~ CUIdSTRLTeTION STASING ~:q.11d ~-UCV@~11'1~,: ~11C: ~D scc~. ii21 E. State Street •. Suite i95.. ~ Eogie, Idaho 83bib •~ officer i-298-939-7373 fax: i-2~#-439.7321 Job No. 07109 J:B~. s-zs:0~ BOUNI~AR~ DESCRIP'i'ION~ FOR W~DI;.AND .SPRINGS StJBDIVISIDI~ Overall Part of the Southwest I!4 of the Southwest 1~4~'of.Section 29, Township 4. Nort~i, Range 1 East of the, Boise Mendiah,,Ada Caunty; Idaho described as: Beginning at the Southwest corner ofSection 29, Township. 4 North, Range 1 East of the Boise Meridian, Ada. County, Idaho and cunning thence N00°25'22"'E 663.04 feet along the ~'VVest line of said Section; thence S89a24'43''E 506.19 feed tl~nce S02°12'41"W 6G4.4~ feet to a point on the youth Iine ~of said Section; thence N89°I2'28"'~V 485.46 feet along said ~Soutb: ,ling of the Point of Beginnning. Parcel ?.55 acres. p V~-1. R'EV1E ~Y SEP ~ ~ X07 'M WORKS DEF71C ('~ . ~~~ 1 °v~ ty~„ew 4 .1 1~ L qtr. ,° 1 S~ i t ~'' , ~~ ~ t xi ~ i ~~ 1 { ~ i 1 { _ ~ ' /' "~ .' ' .tom ~~ - ` ~ `` ~` ~~ ~ I t/~ ~ r ~~ i ~ it i ~~ r ~ ~. ~ ~ ~ ` ` ~ / ~ J ` \ ~ --r Zi ~- r JI ^~.. J v , r r ~~- ~~ ~ / ,~ ` ~ i X11 ~ mo. ~. ~ ~ w ~ ' +~~~ •r-~~ * / WM~ ,' 1 ~~' "_~ p ' r J ~ ~~ _ y ~ ~ / r / } ~~ r s~ . / v vo-~ a~ gY g~~ ~ ~ 7 ~n WoRKS o~ ~ G \ ~ ~ ~ ~ + ~ „ ~ r / ' ~ 1 _ .~ ~/ ~~ an ~*, maa ~amc~+~,,,,~,,,n APPU.• ~~' ss~ .a~+-+ ,~ aM "~'- so ~- Q-- ~O t February 15, 2008 AZ 07-017 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT David Dean ITEM NO. 24 REQUEST Ordinance -- Request for Annexation and Zoning of 40.4 acres from RUT to C-C zone (21.3 acres), R-8 zone (6.27 acres) and R-2 (12.87 acres) for Three Corners -- 6380 North Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached Ordinance Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DA VARRO AMOUNT .00 11 BOGSE IDAHO 02/28/08 01:41 P DEPUTY Pa~Thompson Ili fl 1~~~~~~~~~~~~IlIhIII:II~~III~III RECORDED-REQUEST OF 10802289 ~ Cilfr of Meridian CITY OF MERIDIAN ORDINANCE NO. ~/ ~°' BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 07-017 THREE CORNERS SUBDIVISION) FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN THE NORTH HALF OF THE NORTHWEST NW 1/a OF SECTION 29 TOWNSffiP 4• NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A'.' AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO C-C (COMMUNITY BUSINESS DISTRICT), R-8 (1VIEDIUM DENSITY RESIDENTIAL DISTRICT), R-2 (LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF TffiS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the foilowi~ng described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: David J. Dean and Luane I. Dean.. SECTION 2. 'T'hat the above-described real property is hereby annexed and re- zoned from RUT (Ada County} to C-C (Community Business District), R-8 (Medium Density Residential District), and R-2 (Low Density Residential District), in the Meridian City Cade. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. ANNEXATION OF AZ-07-017 THREE CORNERS SUBDIVISION Page 1 of 3 5~ ~~ SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The City Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full City Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. A PASSED BY THE CITY COUNCII~ OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ^~ II~A ~ , 2008. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~~_ ~ 2008. MAYO de WEERD ANNEXATION OF A~07-017 THREE CORNERS SUBDIVISION Page 2 of 3 ~. TF ~ O ATTEST: _ ~~~ JAYCEE H LMAN, CITY CLERK ~~''~,, ~T`I , ~~~~`~~ STATE OF IDAHO, ) ss. County of Ada ) On this ~ day of ~ 2008, before xne, the undersigned, a Notary Public in and for said S te, personally appeared TAMMY de WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) OTARY PUBL~I~ FAR IDAHO RESIDING AT: MY COMMISSION EXPIRES: - ANNEXATION OF AZ-07-017 THREE CORNERS SUBDIVISION Page 3 of 3 _~~~~~~~ Legal Description _ -. TOOThIMAN-ORTON ENGINEERING COMPANY CONSWLTINO T:NaIAIEERS~. SURVEYORS AND FLANNERS ' 4777 CHINOEN S4UlEVARD BOISE, ID/1M083714-IODB 2'08-323-2388 FAX 208=333-2399 boise~toe~gr4o;cpm Project: 07121 Date: September 7, 2007 Revised: October 4, 20U7 Page: 1 Hof I EXHIBIT ~B" Land Description of Property for Annexation To the City of. Meridian, Idaho A parcel of lead located in the North Half of the Northwest t/4 of Section 29, 'Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, being mare particularly described as follows.: BEGINNING at the corner common to Sections 19, 20, 29 and 30; thence, along the northerly boundary of said Section 29, 1) S.89°26'41"E.,1326.49 feet to W 1/I6 corner common to Sections 20 and 29; thence, 2) 5.,00°31'59"V/., 1324.64 feet to the east-west centerline of the 1e1W1/4 of said Sectian 29; thence, along said centerline, 3) N.89°36'20"W., 1328.5$ feet to the N 1916 corner common to Sections 29 and 30; thence, along the westerly boundary of said Section 24, 4) N.00°~T24"E., 994.36 febt; thence, 5) N.00°37'24"E.,. 334.00 feet to the POINT OF BEGINNING. COIVTAIMNG: 40.4. acres, more or less. SU1l;JECT TO all Covenants, Rights, Rights-of: Way, Easements of Record, and aay Encumbrances. EXHIBIT "C" attached, and by thi s. reference, made a part here REVI PP VAL BY OCT 1 ~ 2(107 MERIDIAN PUBLIC WORKS DEPT. (This description is based on'record surveydata and is for Annexation purrpose5 only. A field survey was not conducted.) H:\071211wP0lalSurveylExhB-Nw Pmal-AmKx.da: BOI5E • COEU°R d'ALF:NE • tJAI.I)WEId. ~. - -~, 'TUOTRMAN-ORTON ENGINEERING COMPANY C,ONSUL7iN0 ENOtNEERS,•SI9aVEY0ASAND PLANNERS • 9777 CHtNDEN BOULEVARD ~8Qi5E, IDAH08371M2008 . 208-32~-2288 FAX 208:323-2399 boiseF9tcengrco.cait Project: 07121 Date: Septetnber 7, 2007 Revised: October 4, 2007 Page: I of 2 EXRTBIT "D." - Land Descaption of1'roperly for Rezone to C-C Gone • A parcel of land located in tlie•North half of the Northwest 1/4 of Section 29, Township 4 North, Range 1 Fast, Boise Meridian, Ada County, Idaho, being more particularly described 8s follows: BEGINNING at the eomei common to Sections 19, 20, 29 and 30.; thence, along the northerly boundary of said Section 29, 1) 5:89°26'41 "E., 1326.49 feet to W 1/16 Cotner common to Sections 20 and 2~; thence, - 2) 5.00°31'S9"VJ., 342.50 feet; thence, 3} S.58°11'fl8"W., 240.00 feet; thence, 4) N.24°02'58"W., 39.52 feet; thence, 5) Northwesterly along a cun+e to the left having a radius of 3U0'.00' feet, an arc length of 342.45 feet, through a central angle of 65°24' I 1 ", and a chord bearing and distance ofN.56°4'S'03" VI+., 324..16 feet; thence, 6) N.89°27'09"W., 187.49 feet; thence, • 7) Southwesterly along a curve to the left'having a radius of 300.U0 feet, an arc length bf 269.24 feet, through a central angle of 51°25' 19", and a chord bearing and distance of 5.64°50'11"W., 260.30 feet; thence, 8) S.39°0T32"W., 15.56 feet; thence, 9) $:44°26'45"E., 183.17 feet; thence, 10) Southwesterly along a curve to the left having a radius of 121.00 feet, an arc length of 70.79 feet, through a central angle of 33°31'Q9' ; and a chord t}earirtg and distance of 5.17°18'49"W., 6.9.78 feet; thence, l 1) 5.00°33' 15"VV.,14.83 feet; thence, 12) S.89°59'56"W., 3.09 feet; thence, 13) 5;00°37'20"W., ?30:.62 feet to-the east~west cemerline of the NVh71/4 of said Section 29; thence, along skid east-west centerline, W.107121.\W.PlitestSurveylF~chaAiW PeraMRttone C•N.dx 1 BOISE • COEIJR d'ALENB • CALDWELL ~, TOOTHM~,IN•ORTON ENGINEERIIVG COMPANY Project: 07121 Date: September 7, 2007 Revised: October 4, 2007 Fage: 2 •of 2 . 14) N:89°36'20"W.; 510.00 feet to,tlie N 1/16 comer conomon to S. eotions 29 and 30; thence, .along the westerly boundary of said~Section 29, 15) N.00°3724"E., 1328.35 feet~to'.the POINT OF BEGINNING. • CONTAINING: 21.3 acres, more or less. SiJBJECT TO all Covenants, Rights, Rights•of--Way, Easements of R:eeorcl, and any Encumbrances. EXHIBIT "G" attached, and by this reference, made a part hereof. (This description is based on record survey data and is for Rezoning purposes only. A field survey was not cbndueted.) PR VAS REVt B'~ OCR ~ 2 Zpa7 ~~y10RK o~Qi~c c--;~ . otstEq~sp` .~.J . 5- ,,~ . 1202 e~,, a- 4-~~c. ~~~~or ~o'~,a '~ ago H.10J12J~WPfilcs\Surv~lEithD-NN Pazoel•Ra°nrC-N.tlbc 2 ~.,. T"OOTAI4IAN-ORTON ENGINEERING COMPANY COWSULI'iNO ENCI3NEERS, SURVEYORS AND PIANNER3 9777 CHINOEN BOULEVARD BOISE, IDAHO 83.7t4-2~8 2Q8.323-2288 FA% 208-32~•Z399 6oise~tcengrcocom Project: 07121 Date: September 7, 2007 Revised: Qetober 4, 2007 Page: 1 oft EXHIBIT "E" Land Description. ofProgerty for Rezoae to R-2 Zone A parcel of land located in the North Half of the Northwest 1 /4 of Section 29,. Townshig 4 North; Range I East, Boise Meridian, Ada County, Idaho, being more particularly described as fo'llaws: COMMENCING at the corner common to Sections 19, 20, 29 and 30; thence, aloztg the northerly boundary. of. said. Section 29, A) 5.89°26'41"E., 1326.49 feet to the W 1/16 comer common to Seetigns 20 and 29; thence, B) S.0{)°31'S9"W., 342.SOfeetto the POINT OT+ BEGINNIN.G; thence, 1) 5.00°31' S9"W., 982.14 feet to the east west cente;line of the NW 1l4 of said Section 29; thence, along Said east-west centerline, 2) N.89°36'20"W.,'818.58 feet; thence, leaving said. east-west centerline, 3) N.00°37'20")~.., 730.62 feet; thence, 4) N.89°59'56"E., 3..09 feet; thence, 5) S.00°33' 15"W., 24.5 S` feet; thence, 6) Southeasterly along a curve to the left having a radius of 221.61 feet, an are length. of 663.27 feet, through a central angle of 171 °29' O]", and a chord bearing and distettce ofS.89°26i'45"E.,.442.00 feet; thence, ?} N.00°33' 15"E., 39.38 feet; hence, 8) N.orihwesterly along a curve to the left having a radius of 121 AO feet, an arc length of 1:8.4$ feet, through a central angle of 0.8°45'07", and ~ chord bearing and distance of N.03°49' 19"W.,18.46 feet; thence, 9) S.87°26'30"E., 169.1.$ feet; thence, 10) Northeasterly along a chive to the left having a radiils of 125.00 feet, nn arc length of 19.47 feet, through a central angle of 08°SS'3?", and a chord. hearing and distance of N.02°09'59"E„ 19.45 fee#; thence, . H:W7131yyVp$ks\SurvcylFxti&NW 1'arcet-linanb R-2.doe BOISE • COEUR d'~4LE1VE • CALDW>~ °P.o.B." ~,.~... m~ w.. 0 9 E~r~ ~~~ REZONE ~4P FOR PROPERTY LOCATED IN THE NW1/4 OF SEC'f10N 29, TOVYNSHIP 4 NORTH, RANGE 1 EAST, B.M., ADA COUNTY, IDAHO . _ __._ 8878 H E 13i6f9' >0 t ~8 CORMFF - - 10 - - s neat_a- c - • - - -- l~ul» . ~ - - - aao 19 - - - - - - i~. eaaaN >o -r PROPOSED C-C ZONE a ss e9•p•3s- E ^_ ~ ~ - ~' _ s • I I ,I V I t t 30TH ,i. 009. ~ ~-, • ss6oo• x "P.o.e." LEGENN~ -`. EA E I ~, ` REZONE BOUNDARY I t ZONE -'w'--- - - - RIGHT-OF-WAY LINE "F" - - - SECTION LINE `~ - - PROPERTY BOUNDARY _~ ~~ "P.O.9." POINT OF BEGINNING t • Nt N q W 1" R-2 ZONE- 7B/T "E° ~ t I I ~ ~ ~ t ~ r r .D' - - - - 8 0-9870' t 131698' - - E - N ~~ ti~`J ~~s\ I ~\ ~ I saeauvrsrnH I S ~ E N~,~~' E LOT f 6 BLOCX f, DUNWOODY SUBD/V/SION'I N Bs'!S38P' N ,,.~.D lozaa• „6~, s .37Y00' ~ I alas i CURVE TAB LE URVE LENGTH RADIUS DELTA TANGENT CHORD . . .BEARING C1 14.48 29.50 28'07'02" 7.39 ~ 14.33 S16'21'18"E C2 19.47 125.00 08'55'33" 9.76 19.45 $02'09`59"W C3 18.48 121.00 08'45'07" 9.26 18.46 S03'49'19"E C4 663.27 221.61 171'29'01" 2976.36 .442.00 N89'26'45"W C5 70.79 121.00 33'31'09" 36.44 69.78 N 1 T 18'49"E C6 269.24 300.00 51'25'19" 144.45. 260.30 N64'S0'11 "E C7 342.45 300.00 65'24'11" 192.61 324.16 556'45'03'"E ~ I - I~ a I I e ~p N 80'.S'3Y • - 801.97 NBMMA 80089 bY18Qri79MM M0. 8 RE>/!E AL 0 200 400 800 1200 BY n OC~ ~ ~ 2007 MERIDIAN PUBLIC TOOTHMAN-ORTON .ENGINEERING CO. WQR~(S ~EPTi ENGINEERS • SURVEYORS • PLANNERS 9777 CHINDEN 80ULEYARD BOISE, IDAHO 83714-2008 PHONE: 208-323-2288 FAX: 208-323-2399 E-FILE: EluiC-REZONE MAP.deg PATE: t0/4/09 JOB: 07121 • February 15, 2008 RZ 07-016 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT Tuscany Development, Inc. ITEM NO. 25 REQUEST Ordinance -- Request for a Rezone of 3.66 acres from R-15 zone to TN-R zone for Gramercy Townhome Subdivision --south of East Overland Road and west of South Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Ordinance Date: Phone: _ Staff Initials: Materials presented at public meetings shall become properly of the Cffy of Meridian. ~ ADA'COU ECORDEI3 J. DA@ID NAVARRO AMOUNT .0~ 5 1 BOISE ID B108 01:41 PM aECD ~ED-R ~~~~ ~F III IIII 1111 1111111 IIIIII~IIIIIII II III ~ Cill of Meridian 1080~289~ ~ ~ ~ ~ 1 i J -~ .. CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE FINDING THAT TUSCANY DEVELOPMENT, INC., THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ`07-016 - GRAMERCY TOWNHOMES) FOR REAL PROPERTY BEING A PARCEL OF LAND LOCATED IN THE WEST'/: OF THE NE '/ OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE-ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE-ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R 15 (MEDIUM ffiGH DENSITY RESIDENTIAL DISTRICT) TO TN-R (TRADITIONAL NEIGHBORHOOD RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re-zoning by the owner of said property, to-wit: Tuscany Development, Inc. SECTION 2. That the above-described real property ishereby re-zoned from R-15 {Medium High Residential District) to TN-R (Traditional Neighborhood District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and ail official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. RE-ZONE OF GRAMERCY TOWNHOMES - RZ-07-016 -Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in con#liet herewith are hereby repealed, rescinded and annulled. SECTION ?. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein reaoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1!2) plus one (1) of the Members of the full Couneil, the rule requiring two (2) separate readings by title and one {I} reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of ~ 2008. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of ~ arm 1 ~YL.1 , 2008. `~~`~~ts~t" OR~'I~IMY de WEERD ~.~ ~'I .,~ '~. ATTEST: ~ tF o O ~ r r ~.g~8J1 I r1.4~ ~~ ^'' JAYCEE HOLMAN, CITY CLERK '~`~V~V9r 15~' . .~ ~~~ ~~.. I2E-ZONE OF GRAMERCY TOWNHOMES - RZ-07-016 -Page 2 of 3 17 9ASlS OF BEARING N $9'46'02°E 2856.86` 1/4 17 18 E 01/ERIJIND RQAD r20 - • ~ . ~ • - - - . - • _ R AP ROYAL ~ BV .-•_--•~•-'-.~. 2d 21 i ~gg9 SEA i o t`~.~Q7 I ~ IC ~ ` ~ 1 WO 1(S DEPT ~ I N _ t MI ~! ~I ~, ~~ I I I oP~s~O I I~~ eR See ~ ~~~~~ PROPOSED TNR ZONE - 3.66 ACRES +/- N ~~ N -7 ~~ N ~{' ... ~~ F~~QNPS ~ SOON ------- I w____ _____., Ca~PM~RG ~W ~-_~ _____~_1 SCALE 1 °-200` DWG.DATE 07/26/07 bkb PROD. NO. 60615 SHEET 1 OF 1 CUkVE Td~tE CURVE RADIUS DELTA ARC TANGENT CHORD CHORD BRG 01 25,00 90'00'00° 39.27 25.Q0 35.38 N 4524'04° E C2 25.00 90'00'00° 39.27 25.00 35.36 S 44'35'56° E C3 20.00 90'00'00° 31.42 20.00 26.28 S 45 24'04° W PROPOSED TNR ZONE GRANIERCY SUBDIVISION LOCATED IN THE NE 1/4 OF SECTION 20. T.3N., R.1 E., B.M. MERIDIAN, ADA COUNTY. IDAHO ~e~~~,NG oc~reo~s~ 1029 N. ROSARIO STREET, SUITE 100 MERIDIAN, IDAHO 83842 Phone (208) 938-0980 Fax (208) 83B-0941 1 February 15, 2~8 MERIDIAN CITY COUNCIL MEETING February 19, 2008 APPLICANT ITEAA NO. 26 REQUEST Executive Session per Idaho State Code 67-2345(1)(f) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CfrY 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 Infialr. Materials presented at public meetings shall become property of the City of Meridian.