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HomeMy WebLinkAbout2007-12-18I�ase polf - v ?v,bU'e M U -7,� WEPIDIAN*--.-, I�E CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, December 18, 2007 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 Darrell Taylor with Cherry Lane: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of November 20, 2007 Pre -Council Meeting: B. Approve Minutes of November 27, 2007 City Council Meeting: C. Approve Minutes of December 4, 2007 City Council Special Meeting: D. Findings of Fact and Conclusions of Law for Approval: RZ 07- 016 Request for Rezone of 3.66 acres from R-15 zone to TWR zone for Gramercy Townhome Subdivision by Tuscany Development, Inc. — south of East Overland Road and west of South Eagle Road: E. Findings of Fact and Conclusions of Law for Approval: PP 07- 018 Request for Preliminary Plat approval of 38 single-family Meridian City Council Meeting Agenda — December 18, 2007 Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 i attached residential lots on 2.81 acres for Gramercy Townhome Subdivision by Tuscany Development, Inc. — south of East Overland Road and west of South Eagle Road: F. Findings of Fact and Conclusions of Law for Approval: CUP 07-018 Request for Conditional Use Permit for 31 multi -family dwelling units on 4 lots in an existing R-15 zone on 2.93 acres for Gramercy Townhome Subdivision by Tuscany Development, Inc. — south of East Overland Road and west of South Eagle Road: G. Findings of Fact and Conclusions of Law for Approval: SHP 07-008 Request for Short Plat approval to create 2 building lots on 4.86 acres in a C -G zone for Gramercy by Kenai Partners, LLC — 1925 South Wells Avenue: H. Findings of Fact and Conclusions of Law for Approval: SHP 07-009 Request for Short Plat approval to create 4 units in 1 commercial building lot on 0.20 of an acre in a C -G zone for Newton's Nook Condominiums by Penwood III, LLC — 429 southwest 5 Avenue: I. Findings of Fact and Conclusions of Law for Approval: PP 07. 014 Request for Preliminary Plat approval for 34 commercial / retail building lots and 1 common lot on 17.84 acres within the C -G zone for Emerson Park Commercial by Kuna Victory, LLC — 2910 & 3030 South Meridian Road and 110 East Victory Road: J. Resolution No. Donate Computer Equipment to the Bin Brothers / Big Sisters of Southwest Idaho: K. Resolution No. : CPA 07-010 Request to amend the Comprehensive Plan Future Land Use Map for the north Meridian area to include 645 acres north of the Phyllis Canal and south of the Boise River from Linder Road to approximately'/ mile west of Black Cat for North Phyllis Canal Proiect by Sherrie Ewing: L. License Agreement with Nampa Meridian Irrigation District for 10 -inch water Main Crossina as Part of the Lanark / Commercial Water Line Connections Proiect: M. Budget Amendment for Floodplain Development Study and Mitigation for Public Works Department for $60,000: Meridian City Council Meeting Agenda — December 18, 2007 Page 2 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 . N. Approve Task Order / Agreement with Civil Survey Consultants. Inc. for the Design of sewer and water improvements to be constructed in Conjunction with ACHD project No. 506040 for Meridian Road and Main Street Split Corridor for $30,470.00: O. License Agreement with Nampa Meridian Irrigation District for the North Black Cat Trunk Sewer: P. Water Main Easement Agreement for Fuddrucker's by Grant Grace Meridian, LLC: Q. Task Order 0733a with Civil Survey Consultants Inc for Design of City Well #28 Pumping Facilities for an amount not to exceed $28,000: R. Sanitary Sewer Easement Agreement for Bearwood Subdivision with Tuscany Development and the Craig & Rebecca Groves Foundation: S. Reimbursement Agreement between the City of Meridian and Capital Development. Inc. for Off -Site and Oversized Sewer Lines Built in Settlement Bridge Phases 1, 4, and 6 for $183,889: T. Approval of Bid for Water Svstem Improvements in Conjunction with the Intersection Linder & McMillan Roadway Project for $66,950: U. Approve Bid and Standard Form of Agreement with Knife River for the Construction of the Black Cat Trunk Sewer Phase 4 Schedule B&C in Bear Creek Subdivision for $626,979.20: V. Approve Pawnbroker's License Renewal for Terry Stewart / Benny's Pawn at 451 North Main Street: W. Approve Pawnbroker's License Renewal for Paul Watson, LRB, Inc. / Meridian Coin & Pawn at 1550 North Main Street: X. Approve New Beer & Wine License for Qdoba Mexican Grill #474 located at 3319 North Eagle Road: Y. Approve Beer. Wine & Liquor License Transfer for Rick's Press Room located at 130 East Idaho Avenue: Meridian City Council Meeting Agenda — December 18, 2007 Page 3 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 0 Z. Amendment to the Standard Operatina Poljcv and Procedure Manual Reaardina Executive Personnel Benefits Program: AA. Professional Services Contract with Sa-ge Communitv Resources for Meridian Arts Commission Strategic Planning and Grant Writing Services: BB. Professional Services Aareement with LCA Architects P.A. for Police Facility Expansion Design Services for the not to exceed amount of $20,000.00: CC. Professional Services Agreement with The Land Group for Settler's Village Square Design for the not to exceed amount of $97,800.00: 6. Department Reports: A. City Council Member Keith Bird 1. Update on Pine Street School Relocation Project: B. Public Works Department 1. Approve Partial Reimbursement Payment of 80 Percent of the Value of Substantially Completed Sewer Improvements for the 27 and 30 inch Black Cat Sewer Trunk Lines Due to Change of Conditions Delaying Completion of the Projects for $430,000: C. Finance Department 1. Multiple Change Orders for New City Hall Buildina: Change Order No. 1 for ICWP for <$5,479.66>: Change Order No. 2 for Sidewalks, LLC for $4,371.00: Change Order No. 3 for Sidewalks, LLC for $23,550.00: Change Order No. 1 for Suncrest Co. for $267.75: Change Order No. 1 for ABS for $7,952.00: Change Order No. 2 for ABS for $5,420.00: Change Order for Hobson Fabrication Corp. for $1,335.00: Change Order No. 1 for Rule Steel Change for $35,766: Change Order No. 2 for TMC, Inc. for $324.00: Change Order No. 1 for American Wall Cover for $7,665.30: Meridian City Council Meeting Agenda — December 18, 2007 Page 4 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 7. Items Moved from Consent Agenda: 8. Continued Public Hearing from November 27, 2007: AP 07-009 Request for City Council Review of an Appeal of the Planning and Zoning Commission's approval of the Selway Apartments (CUP 07-016) by Glen Tiderman and Tracy Fries — west of Goddard Creek Way, north of McMillan Road and east of Ten Mile Road: 9. Public Hearing: CPA 07-012 Request for an amendment to the Comprehensive Plan Future Land Use Map to change the land use designation from Low Density Residential to Commercial for Strada Bellissima Commercial by Strada Bellissima Commercial, LLC —NWC of Meridian Road and Victory Road at 114 and 156 West Victory Road (Lots 2 & 3, Block 2, Strada Bellissima No. 1 Subdivision): 10. Public Hearing: RZ 07-013 Request for a Rezone of 1.76 acres from L -O to C -N zone for Strada Bellissima Commercial by Strada Bellissima Commercial, LLC — NWC of Meridian Road and Victory Road at 114 and 156 West Victory Road (Lots 2 & 3, Block 2, Strada Bellissima No. 1 Subdivision): 11. Public Hearing: CPA 07-011 Request for a Comprehensive Plan Amendment to modify the Future Land Use Map to change the land use designation on 38.7 acres from Medium Density Residential to Mixed Use Community to include Office / Retail, Private School and Patio Homes for Dean Property by David J. Dean — 6380 North Locust Grove Road (southeast Comer of North Locust Grove and East Chinden): 12. Public Hearing: 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: 13. Public Hearing: PP 07-021 Request for Preliminary Plat approval of 54 lots including: 33 residential lots, 11 commercial lots and 10 common lots on 40.4 acres in the proposed C -C, R-8 and R-2 zoning districts for Three Corners by David Dean — 6380 North Locust Grove Road: 14. Public Hearing: AZ 07-015 Request for Annexation and Zoning of 1.88 acres from RUT to an R-2 zone for the property located at 1650 Dunwoody for Dunwoody Property by Marshall Williams — 1650 Dunwoody: Meridian City Council Meeting Agenda — December 18, 2007 Page 5 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 15. Public Hearing: CPA 07-014 Request for a Comprehensive Plan Land Use Map Amendment of 7.43 acres from Medium Density Residential to Mixed Use — Community for Woodland Sprinas by Morgan Development, Inc. —1630 & 1720 East McMillan Road: 16. Public Hearing: 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 Comer of McMillan Road and Locust Grove Road: 17. Public Hearing: PP 07-019 Request for Preliminary Plat approval for 4 commercial lots on 7.55 acres in a proposed C -C zoning district for Woodland Springs by Morgan Development — Northeast Comer of McMillan Road and Locust Grove Road: Meridian City Council Meeting Agenda — December 18, 2007 Page 6 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • E IDIAN- • Revised 12-18-07 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, December 18, 2007 at 7:00 p.m. `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll -call Attendance: X David Zaremba X Joe Borton _ Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: om!®r 7� mP P? I 7 -e*1 lY1 i?.e Chrti Jfr'ah 3. Community Invocation by Pastor Darrell Taylor with Ghe" _ �1... 4. Adoption of the Agenda: a/7?Y v v\e as, 2 d /G,g 5. Consent Agenda: avr",'-f- � z f C, R -- A. Approve Minutes of November 20, 2007 Pre -Council Meeting: B. Approve Minutes of November 27, 2007 City Council Meeting: C. Approve Minutes of December 4, 2007 City Council Special Meeting: D. Findings of Fact and Conclusions of Law for Approval: RZ 07- 016 Request for Rezone of 3.66 acres from R-15 zone to TWR zone for Gramercy Townhome Subdivision by Tuscany Development, Inc. — south of East Overland Road and west of South Eagle Road:•v-c. E. Findings of Fact and Conclusions of Law for Approval: PP 07- 018 Request for Preliminary Plat approval of 38 single-family Meridian City Council Meeting Agenda — December 18, 2007 Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 12-18-07 attached residential lots on 2.81 acres for Gramercy Townhome Subdivision by Tuscany Development, Inc. - south of East Overland Road and west of South Eagle Road: ave F. Findings of Fact and Conclusions of Law for Approval: CUP 07-018 Request for Conditional Use Permit for 31 multi -family dwelling units on 4 lots in an existing R-15 zone on 2.93 acres for Gramercy Townhome Subdivision by Tuscany Development, Inc. - south of East Overland Road and west of South Eagle Road: g7W0,V-- G. Findings of Fact and Conclusions of Law for Approval: SHP 07-008 Request for Short Plat approval to create 2 building lots on 4.86 acres in a C -G zone for Gramercy by Kenai Partners, LLC - 1925 South Wells Avenue: Arr..-ev-,- H. Findings of Fact and Conclusions of Law for Approval: SHP 07-009 Request for Short Plat approval to create 4 units in 1 commercial building lot on 0.20 of an acre in a C -G zone for Newton's Nook Condominiums by Penwood III, LLC - 429 southwest 5 Avenue: arr..-.w v -- Findings - - Findings of Fact and Conclusions of Law for Approval: PP 07- 014 Request for Preliminary Plat approval for 34 commercial / retail building lots and 1 common lot on 17.84 acres within the C -G zone for Emerson Park Commercial by Kuna Victory, LLC - 2910 & 3030 South Meridian Road and 110 East Victory Road: 67y?va J. Resolution No. 07 P 5-110 Donate Computer Equipment to the Big Brothers / Big Sisters of Southwest Idaho: a�,i,,,r vve. K. Resolution No. 0 7 " 5 q / : CPA 07-010 Request to amend the Comprehensive Plan Future Land Use Map for the north Meridian area to include 645 acres north of the Phyllis Canal and south of the Boise River from Linder Road to approximately'/ mile west of Black Cat for North Phyllis Canal Project by Sherrie Ewing: arl2v-ov-c L. License Agreement with Nampa Meridian Irrigation District for 10 -inch water Main Crossina as Part of the Lanark / Commercial Water Line Connections Project: M. Budget Amendment for Floodplain Development Studv and Mjtination for Public Works Department for $60,000: Meridian City Council Meeting Agenda — December 18, 2007 Page 2 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • Revised 12-18-07 N. Approve Task Order / Agreement with Civil Survey Consultants, Inc. for the Design of sewer and water improvements to be constructed in Conjunction with ACHD project No. 506040 for Meridian Road and Main Street Split Corridor for $30,470.00: a,Pp,- v,,- 0. License Agreement with Nampa Meridian Irrigation District for the North Black Cat Trunk Sewer: a7,07'" vv P. Water Main Easement Agreement for Fuddrucker's by Grant Grace Meridian, LLC: o7r r-ev-e� Q. Task Order 0733a with Civil Survey Consultants, Inc for Design of City Well #28 Pumping Facilities for an amount not to exceed $28,000: d7r/X -VV-c_ R. Sanitary Sewer Easement Agreement for Bearwood Subdivision with Tuscany Development and the Craig & Rebecca Groves Foundation: S. Reimbursement Agreement between the City of Meridian and Capital Development, Inc. for Off -Site and Oversized Sewer Lines Built in Settlement Bridge Phases 1, 4, and 6 for $183,889: --c- T. c T. Approval of Bid for Water System Improvements in Conjunction with the Intersection Linder & McMillan Roadway Project for $66,950: o1?1v-bv U. Approve Bid and Standard Form of Agreement with Knife River for the Construction of the Black Cat Trunk Sewer Phase 4 Schedule B&C in Bear Creek Subdivision for $626,979.20: V. Approve Pawnbroker's License Renewal for Terry Stewart / Benny's Pawn at 451 North Main Street: •c/7q,---vv.4- W. Approve Pawnbroker's License Renewal for Paul Watson. LRB, Inc. / Meridian Coin & Pawn at 1550 North Main Street: X. Approve New Beer & Wine License for Qdoba Mexican Grill #474 located at 3319 North Eagle Road: u��r>pvw Y. Approve New Liquor License for Rick's Press Room located at 130 East Idaho Avenue: 1070p, .%C - Meridian City Council Meeting Agenda — December 18, 2007 Page 3 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 • Revised 12-18-07 Z. Amendment to the Standard Operatina Policy and Procedure Manual Regardina Executive Personnel Benefits Program: a,/r.ov1c. AA. Professional Services Contract with Sage Communitv Resources for Meridian Art Commission Strategic Planning and Grant Writing Services:I Z42S.'Re a ?"V -4 - BB. Professional Services Agreement with LCA Architects P.A. for Police Facility Expansion Design Services for the not to exceed amount of $20,000.00: W" V-0- '7— -0- 7-- CC. Professional Services Agreement with The Land Group for Settler's Village Square Design for the not to exceed amount of $97,800.00: a�'r''"`'"''t Tis 4 A Z 6. Department Reports: A. City Council Member Keith Bird 1. Update on Pine Street School Relocation Project: (jidA?(-f- B. Public Works Department - C I%nt b . 1. Approve Partial Reimbursement Payment of 80 Percent of the Value of Substantially Completed Sewer Improvements for the 27 and 30 inch Black Cat Sewer Trunk Lines Due to Change of Conditions Delaying Completion of the Projects for $430,000: 7110 80 ?o lee t b 2- C. Finance Department div. 1. Multiple Chance Orders for New City Hall Building: Gehe benhC�* Change Order No. 1 for ICWP for <$5,479.66>: Ax A -a - Change Order No. 2 for Sidewalks, LLC for $4,371.00: Change Order No. 3 for Sidewalks, LLC for $23,550.00: Change Order No. 1 for Suncrest Co. for $267.75: Change Order No. 1 for ABS for $7,952.00: Change Order No. 2 for ABS for $5,420.00: Change Order for Hobson Fabrication Corp. for $1,335.00: Change Order No. 1 for Rule Steel Change for $35,766: Change Order No. 2 for TMC, Inc. for $324.00: Change Order No. 1 for American Wall Cover for $7,665.30: Meridian City Council Meeting Agenda — December 18, 2007 Page 4 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. C� • Z -/ Revised 12-18-07 t sll�k 0 VC 7. Items Moved from Consent Agenda: r ¢ Cc 8. Continued Public Hearing from November 27, 2007: AP 07-009 Request for City Council Review of an Appeal of the Planning and Zoning Commission's approval of the Selway Apartments (CUP 07-016) by Glen Tiderman and Tracy Fries — west of Goddard Creek Way, north of McMillan Road and east of Ten Mile Road: V< ;,,.d 9. Public Hearing: CPA 07-012 Request for an amendment to the Comprehensive Plan Future Land Use Map to change the land use designation from Low Density Residential to Commercial for Strada Bellissima Commercial by Strada Bellissima Commercial, LLC — NWC of Meridian Road and Victory Road at 114 and 156 West Victory Road (Lots 2 & 3, Block 2, Strada Bellissima No. 1 Subdivision): 4tjx1kr-o vAV 044"u. 10. Public Hearing: RZ 07-013 Request for a Rezone of 1.76 acres from L -O to C -N zone for Strada Bellissima Commercial by Strada Bellissima Commercial, LLC — NWC of Meridian Road and Victory Road at 114 and 156 West Victory Road (Lots 2 & 3, Block 2, Strada Bellissima No. 1 Subdivision): de,,,� - pram e 11. Public Hearing: CPA 07-011 Request for a Comprehensive Plan Amendment to modify the Future Land Use Map to change the land use designation on 38.7 acres from Medium Density Residential to Mixed Use Community to include Office / Retail, Private School and Patio Homes for Dean Property by David J. Dean — 6380 North Locust Grove Road (southeast Comer of North Locust Grove and East Chinden): v%A- 12. Public Hearing: 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: 471&. F V-- 11 13. Public Hearing: PP 07-021 Request for Preliminary Plat approval of 54 lots including: 33 residential lots, 11 commercial lots and 10 common lots on 40.4 acres in the proposed C -C, R-8 and R-2 zoning districts for Three Corners by David Dean — 6380 North Locust Grove Road: - /,>,�rA--*- vk/f- r <<-P 14. Public Hearing: AZ 07-015 Request for Annexation and Zoning of 1.88 acres from RUT to an R-2 zone for the property located at 1650 Dunwoody for Dunwoody Property by Marshall Williams — 1650 Dunwoody: 11417er-0&-e- , /;"/7A^X Meridian City Council Meeting Agenda — December 18, 2007 Page 5 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 12-18-07 15. Public Hearing: CPA 07-014 Request for a Comprehensive Plan Land Use Map Amendment of 7.43 acres from Medium Density Residential to Mixed Use — Community for Woodland Springs by Morgan Development, Inc. —1630 & 1720 East McMillan Road: 16. Public Hearing: 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 Comer of McMillan Road and Locust Grove Road: 411w -,✓.c — y,,,tp a� 111-4 c 1-C 17. Public Hearing: PP 07-019 Request for Preliminary Plat approval for 4 commercial lots on 7.55 acres in a proposed C -C zoning district for Woodland Springs by Morgan Development — Northeast Comer of McMillan Road and Locust Grove Road: A rms we - /�P41 ' I Meridian City Council Meeting Agenda — December 18, 2007 Page 6 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Mayor Tammy de Weerd E City Council Members: I DIAN*-,—,,- Keith Bird Joe Borton Charles Rountree David Zaremba CITY OF MERIDIAN PUBLIC SERVICE ANNOUNCEMENT 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, December 18, 2007, for the purpose of reviewing and considering the application CPA 07-012 of Strada Belissima Commercial, LLC for an amendment to the Comprehensive Plan Future Land Use Map to change the land use designation from Low Density Residential to Commercial for Strada Bellissima Commercial; Furthermore, the applicants requests application RZ 07-013 for a Rezone of 1.76 acres from L -O to C- N zone for Strada Bellissima Commercial generally located NWC of Meridian Road and Victory Road at 114 and 156 West Victory Road (Lots 2 & 3, Block 2, Strada Bellissima No. 1 Subdivision); CPA 07-011 of David J. Dean for a Comprehensive Plan Amendment to modify the Future Land Use Map to change the land use designation on 38.7 acres from Medium Density Residential to Mixed Use Community to include Office / Retail, Private School and Patio Homes for Dean Property; Furthermore, the applicant requests application AZ 07-017 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) and application PP 07-021 for Preliminary Plat approval of 54 lots including: 33 residential lots, 11 commercial lots and 10 common lots on 40.4 acres in the proposed C -C, R-8 and R-2 zoning districts for Three Corners generally located SEC of N. Locust Grove Road and E. Chinden Boulevard; CPA 07-014 of Morgan Development, Inc. for a Comprehensive Plan Land Use Map Amendment of 7.43 acres from Medium Density Residential to Mixed Use – Community for Woodland Springs located 1630 & 1720 E. McMillan Road; and AZ 07-014 for Annexation and Zoning of 7.55 acres from RUT and R1 to a C -C zone for Woodland Springs and PP 07-019 for Preliminary Plat approval for 4 commercial lots on 7.55 acres in a proposed C -C zoning district for Woodland Springs generally located NEC of McMillan Road and Locust Grove Road; and 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 Page 1 of 2 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 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 meeting. DATED this 14th day of December, 2007. WILLIAM G. BERG, JR., CITY CLERK Page 2 of 2 Broadcast Report Date/Time 12-14-2007 04:44:01 p.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 Total Pages Scanned: 2 This document: Failed (reduced sample and details below) Document size: 8.5"x11 " MayorTammy defterd '`""E Ke ith Bird oe Borton IDAHO Charles Rountree 0avid Zeremba CITY OF MERIDIAN PUBLIC SERVICE ANNOUNCEMENT PUBLIC ANNOUNCEMENT f NOTICE IS HEREBY GIVEN pursuant to the Ordinances of Me City of Meridian and the taws of the State of Idaho, that the City Coundl of the City of Meridian will hold a pub;IC hearing at the Meridian City Hal. 33 East Idaho Avenue. Meridian, Idaho, at die hour of 7:00 pin. on Tuesday, December 18, 2007, for the purpose of raviawing and Considering that applic alon CPA 07-012 of Strada Bellsatma Commercial, LLC for an amendment to the Comprehensive Plan Future Land Use Map to charge the land use designation from Low Density Residential to Commercial for Strada Seitisalme Commarcial; Furthermore, the applicants requests apptication RZ 074H3 for a Rezone of 1.76 acres from L-0 to C. N zone for Sttada SoMesboa Commercial generally located NWC of Meridian Road and Victory Road at 114 and 156 West Victory Road (Lots 2 & 3, Bek 4 Sttads Bellialms No.1 Subdivision); CPA 07-011 of David J. Dean for a Comprehanaive flan Amendment to modify the Future hand Use Map to change the land use designation on 38.7 acres from Medium Density Residential to Mixed Use Community to f Jude OfACe / Retail, Private School and Pato Homes for Dean Property. Furthermore. the applicant requests application AZ 07-017 for Armaxation 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) and application PP 07-021 for Pretlrnfnaty Plat approval of 54 lob l ndhuding: 33 residential tots, 11 commercial lots and 10 common lots on 40.4 acne in the proposed C -C, R-8 and R-2 zones dlstrids for Three Comers gerreraffy locate! SEC of N. Locust Grove Road and E. Chlnden Houtevard; CPA 07-014 of Morgan Development, Inc. for a Comprehensive Plan Land Use Map Amendment of 7.43 acres from Medium Density Residential to Minced Use — Community for Woodland Springs located 1630 & 1720 E. McMillen Road; and AZ 07-014 for Annexation and Zoning of 7.55 acres from RUT and R1 to a C -C zone for Woodland Springs and PP 07-018 for Preliminary Plat approval for 4 commercial tots on 7.55 acres In a proposed C -C zoning distrIct for Woodland Springs generally located NEC of Mdhtltan Road and Locust Grove Road; and More particular descriptions of Ore above information aro on file in the Planning Department, 660 East Watertower lane, Suits 202, Meridian, Idaho and are eveilable for Inspection during regular business hours, Monday through Friday, from 6:00 M. to 5:W pm. Copts of the above applications are available upon request. Any and all Interested persons shall bs heard at said public hearing, amt the Public Is welcome and invited to submit testimony. Oral testimony may be Pegs m W2 Total Paces Confirmed: 52 No. Job Remote Station StartTime Duration Pages Line Mode Job Type Results 001 525 3810160 03:50:07 p.m. 12-14-2007 00:01:47 2/2 1 EC HS CP9600 002 525 8989551 03:50:07 p.m. 12-14-2007 00:00:30 2/2 1 EC HS CP19200 003 525 2088848723 03:50:07 p.m. 12-14-2007 00:00:23 212 1 EC HS CP28800 004 525 8886854 03:50:07 p.m. 12-14-2007 00:00:24 212 1 EC HS CP28800 005 525 2088985501 03,50:07 p.m. 12-14-2007 00:00.27 2/2 1 JEC IHS ICP31200 006 525 8467366 03:50:07 p.m. 12-14-2007 00:00:24 212 1 EC IHS ICP28800 007 i525 8950390 03:50:07 p.m. 12-14-2007 00:00:26 2/2 1 JEC 114c, ICP28800 1w Broadcast Report MW Date/Tlme 12-14-2007 04:44:10 p.m. Transmit Header Text Clty of Meridian Idaho Local ID 1 2088884218 Local Name 1 Une 1 Local ID 2 Local Name 2 Une 2 No. Job Remote Station StartTime Duration Pages Line Mode Job Type Results 008 525 208 888 2682 03:50:07 p.m. 12-14-2007 00:00:23 2/2 1 EC HS CP31200 009 525 208 387 6393 03:50:07 p.m. 12-14-2007 00:00:45 2/2 1 EC HS CP14400 010 525 2877909 03:50:07 p.m.12-14-2007 00:00:23 2/2 1 EC HS CP31200 011 525 2088885052 03:50:07 p.m. 12-14-2007 00:00:22 2/2 1 EC HS CP31200 012 1525 18881983 03:50:07 p.m. 12-14-2007 00:00:25 2/2 1 EC HS CP24000 013 525 2083776449 03:50:07 p.m. 12-14-2007 00:00:46 2/2 1 EC HS CP14400 014 525 4679562 03:50:07 p.m. 12-14-2007 00:00:23 2/2 1 EC HS CP28800 015 525 8886700 03:50:07 p.m. 12-14-2007 00:00:00 0/2 1 -- HS FA 016 525 8884022 03:50:07 p.m. 12-14-2007 00:00:00 012 1 -- HS FA 017 52S 3886924 03:50:07 p.m. 12-14-2007 00:00:46 2/2 1 EC jHS CP14400 018 525 8841159 03:50:07 p.m. 12-14-2007 00:00:23 2/2 1 EC IHS CP28800 019 525 8840744 03:50:07 p.m. 12-14-2007 00:00:23 212 1 EC HS CP28800 020 525 208 336 3736 03:50:07 p.m. 12-14-2007 00:00:27 2/2 1 EC HS CP31200 021 525 208-947-9736 03:50:07 p.m. 12-14-2007 00:01:02 2/2 1 G3 HS CP14400 022 525 3759248 03:50:07 p.m. 12-14-2007 00:00:00 0/2 1 -- HS FA 023 525 3344080 03:50:07 p.m. 12-14-2007 00:00:00 0/2 1 G3 HS FA 024 525 2084722211 03:50:07 p.m. 12-14-2007 00:00:25 212 1 EC HS CP28800 025 525 2083737245 03:50:07 p.m. 12-14-2007 00:00:23 2/2 1 EC HS CP28800 026 525 208 381 6681 03:50:07 p.m. 12-14-2007 00:00:32 2/2 1 EC HS CP26400 027 525 208 375 7770 03:50:07 p.m. 12-14-2007 00:01:28 2/2 1 G3 HS CP14400 028 525 2084676958 03:50:07 p.m. 12-14-2007 00:00:25 2/2 1 EC HS CP26400 029 525 5773319 03:50:07 p.m. 12-14-2007 00:00:34 2/2 1 EC IHS CP21600 030 1525 3448677 03:50:07 p.m. 12-14-2007 00:00:24 2/2 1 JEC IHS CP26400 Abbreviations: 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: Mailboxsave FA: Fall RP: Report EC: Error Correct Meridian City Council Meeting December 18, 2007 A meeting of the Meridian City Council was called to order at 7:10 p.m., Tuesday, December 18, 2007, 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, Caleb Hood, Tracy Basterrechea, Mark Niemeyer, Clint Dolsby, Keith Watts, Steve Siddoway, Elroy Huff, Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I'll go ahead and start tonight's meeting. Thank you for your patience. We got late in our pre -meeting and so we appreciate you all being here with us tonight. We will start tonight's meeting. It is Tuesday, December 18th -- it's ten minutes after 7:00 -- with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is the pledge of allegiance. Tonight we will be led in the pledge by Alex and Taylor. They are with Troop 191 and it's sponsored by the LDS Hunter Ward. Please rise. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Darrell Taylor with Cherry Lane: De Weerd: Good luck with your citizen badges. Okay. Item No. 3 is our community invocation. We will be led tonight by Pastor Darrell Taylor. He is with Ten Mile Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Taylor: Well, gracious Father in Heaven, we are truly thank for the many blessings you have given us. Just thinking about the scouts that are -- that led us in the prayer or the allegiance, and, Father, what a blessing it is to be in this country, the freedoms that we have. Father, ask your blessings upon this meeting. Father ask that your wisdom will prevail and that the meeting will go well, Father, for the rain and the snow. We just thank you, Lord, for this time when we think back in a time in Bethlehem when the little • Meridian City Council December 18, 2007 Page 2 of 87 • baby that has turned this world upside down, for love and for compassion for those here in this land and we just thank you, in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor Taylor. Okay. Item 4 is adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: We have a couple of adjustments to the agenda and that would on the Consent Agenda, Item J, the resolution number is 07-590. Item K, the resolution number is 07-791. On Item AA, on page four, if anybody's following, Item AA, the amount of the contract is 2,425 dollars. Item CC has been requested to pull from the Consent Agenda and be put on the regular agenda at Item 7. Under Department Reports, Item 6, there is a request to add an Item 6-D, a report from the Mayor's office regarding the state of the city sponsorship levels. Item 7 we will add what was previously Item CC -- 5 -CC. And at the end of the agenda we will add an Item 18, which is an Executive Session per Idaho State Code 67-2345(1)(a). And I believe that constitutes the agenda. Bird: Madam Mayor? De Weerd: Yes. Bird: Before I second that, on the Consent Agenda, the maker of the motion, Item I has been asked by staff to be brought to 7-1 also. Zaremba: Okay. An additional change. Item 5-1 will become 7-I. De Weerd: Okay. With that do I have a second? Bird: I second it. De Weerd: Okay. I have a motion and a second to approve the agenda as changed. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of November 20, 2007 Pre -Council Meeting: Meridian City Council December 18, 2007 Page 3 of 87 B. Approve Minutes of November 27, 2007 City Council Meeting: C. Approve Minutes of December 4, 2007 City Council Special Meeting: D. Findings of Fact and Conclusions of Law for Approval: 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 East Overland Road and west of South Eagle Road: E. Findings of Fact and Conclusions of Law for Approval: PP 07- 018 Request for Preliminary Plat approval of 38 single-family attached residential lots on 2.81 acres for Gramercy Townhome Subdivision by Tuscany Development, Inc. — south of East Overland Road and west of South Eagle Road: F. Findings of Fact and Conclusions of Law for Approval: CUP 07-018 Request for Conditional Use Permit for 31 multi -family dwelling units on 4 lots in an existing R-15 zone on 2.93 acres for Gramercy Townhome Subdivision by Tuscany Development, Inc. — south of East Overland Road and west of South Eagle Road: G. Findings of Fact and Conclusions of Law for Approval: SHP 07-008 Request for Short Plat approval to create 2 building lots on 4.86 acres in a C -G zone for Gramercy by Kenai Partners, LLC — 1925 South Wells Avenue: H. Findings of Fact and Conclusions of Law for Approval: SHP 07-009 Request for Short Plat approval to create 4 units in 1 commercial building lot on 0.20 of an acre in a C -G zone for Newton's Nook Condominiums by Penwood III, LLC — 429 southwest 5 Avenue: J. Resolution No. Donate Computer Equipment to the Bin Brothers / Big Sisters of Southwest Idaho: K. Resolution No. : CPA 07-010 Request to amend the Comprehensive Plan Future Land Use Map for the north Meridian area to include 645 acres north of the Phyllis Canal and south of the Boise River from Linder Road to approximately'/ mile west of Black Cat for North Phyllis Canal Prosect by Sherrie Ewing: 0 ! Meridian City Council December 18, 2007 Page 4 of 87 L. License Agreement with Nampa Meridian Irrigation District for 10 -inch water Main Crossing as Part of the Lanark / Commercial Water Line Connections Project: M. Budget Amendment for Floodplain Development Study and Mitigation for Public Works Department for $60,000: N. Approve Task Order / Agreement with Civil Survey Consultants. Inc. for the Design of sewer and water improvements to be constructed in Conjunction with ACHD project No. 506040 for Meridian Road and Main Street Split Corridor for $30,470.00: O. License Agreement with Nampa Meridian Irrigation District for the North Black Cat Trunk Sewer: P. Water Main Easement Agreement for Fuddrucker's by Grant Grace Meridian, LLC: Q. Task Order 0733a with Civil Survey Consultants Inc for Desjan of City Well #28 Pumping Facilities for an amount not to exceed $28,000: R. Sanitary Sewer Easement Aareement for Bearwood Subdivision with Tuscany Development and the Craig & Rebecca Groves Foundation: S. Reimbursement Agreement between the City of Meridian and Capital Development. Inc. for Off -Site and Oversized Sewer Lines Built in Settlement Bridge Phases 1, 4, and 6 for $183,889: T. Approval of Bid for Water System Improvements in Conjunction with the Intersection Linder & McMillan Roadway Project for $66,950: U. Approve Bid and Standard Form of Agreement with Knife River for the Construction of the Black Cat Trunk Sewer Phase 4 Schedule B&C in Bear Creek Subdivision for $626,979.20: V. Approve Pawnbroker's License Renewal for Terry Stewart / Benny's Pawn at 451 North Main Street: 0 0 Meridian City Council December 18, 2007 Page 5 of 87 W. Approve Pawnbroker's License Renewal for Paul Watson. LRB, Inc. / Meridian Coin & Pawn at 1550 North Main Street: X. Approve New Beer & Wine License for Qdoba Mexican Grill #474 located at 3319 North Eagle Road: Y. Approve Beer, Wine & Liquor License Transfer for Rick's Press Room located at 130 East Idaho Avenue: Z. Amendment to the Standard Operating Policy and Procedure Manual Regarding Executive Personnel Benefits Program: AA. Professional Services Contract with Sane Communitv Resources for Meridian Arts Commission Strategic Planning and Grant Writing Services: BB. Professional Services Aareement with LCA Architects P.A. for Police Facility Expansion Design Services for the not to exceed amount of $20,000.00: De Weerd: Item 5, Consent Agenda. Zaremba: Okay. Madam Mayor, on the Consent Agenda, as previously mentioned, Item 5-1 has been pulled to the regular agenda. Item 5 -CC has been pulled to the regular agenda. And Items J, the resolution number is 07-590. Item K, the resolution number is 07-591 and with that motion I ask that we approve the 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 as changed. If there is no discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. City Council Member Keith Bird 1. Update on Pine Street School Relocation Project: De Weerd: Okay. Under 6-A I will tum this over to Councilmember Bird. 0 Meridian City Council December 18, 2007 Page 6 of 87 Bird: Thank you, Madam Mayor. Regarding the Pine Street school relocation project, we finally got the right plat. Being in Old Town it was hard coming up with a good plat, but we have got the site drawings and the school -- Wayne Hammer at the school has got it now and putting their approval on them and once they get that done, we will draw the elevations and we will get going. Get them through. But they are at the school right now getting approved, the site. De Weerd: And do we have any idea on the time line? Bird: He said he's trying to get the thing back to me Thursday and we will have a deal, so I would say right after the first of the year we should be able to start the foundation. De Weerd: Any other questions, Council? Zaremba: Madam Mayor, Councilman Bird, I was under the impression that we had a hanging question about the city's contribution to that. I noticed in the notes that the cost of the project is $65,248.49. Bird: No. We had a motion to approve up to 55,000. That's already been done. Zaremba: Thank you. Bird: And we have already had the demolition done and have paid that, so -- Zaremba: Cool. Thank you. Bird: -- we are going right along. De Weerd: Okay. Any other questions? Rountree: I have none. De Weerd: Thank you, Mr. Bird. Okay. Item 6 -- Bird: Madam Mayor? De Weerd: Yes. Sorry. Bird: I want to thank Mr. Berg for getting -- finally getting a decent plat that we are able work on. This Old Town I'm sure we are going to find out as we redevelop a lot of stuff, some of these plats weren't really really good down here. Anyway, thank you. B. Public Works Department Meridian City Council December 18, 2007 Page 7 of 87 0 0 1. Approve Partial Reimbursement Payment of 80 Percent of the Value of Substantially Completed Sewer Improvements for the 27 and 30 inch Black Cat Sewer Trunk Lines Due to Change of Conditions Delaying Completion of the Projects for $430,000: De Weerd: Thanks, Will. Okay. Under 6-13, 1 will tum this over to Clint. Dolsby: Madam Mayor, Members of the Council, we are requesting a reimbursement of 80 percent of the hundred percent that we originally approved to Brown Construction for the construction of the sewer that runs through South Ridge and Bearwood. They are unable to complete the project right now, because there are improvements going out at the Ten Mile overpass that are preventing them from getting into Linder Road. So, we would like to pay them for the amount that they have done now and, then, once they are finished with those improvements on the overpass, then, they will be able to go over and finish up the project. They have also posted a bond for the remainder of the project, which dropped off yesterday. De Weerd: Okay. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the partial reimbursement for 430,000 to Brown Construction for the improvements at the Black Cat sewer trunk lines. Zaremba: Second. Borton: Second. De Weerd: Okay. I have a motion and a second to approve the Public Works request in front of you. Is there any discussion? Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. C. Finance Department 1. Multiple Chance Orders for New City (Hall Building: Change Order No. 1 for ICWP for <$5,479.66>: Meridian City Council December 18, 2007 Page 8 of 87 Change Order No. 2 for Sidewalks, LLC for $4,371.00: Change Order No. 3 for Sidewalks, LLC for $23,550.00: Change Order No. 1 for Suncrest Co. for $267.75: Change Order No. 1 for ABS for $7,952.00: Change Order No. 2 for ABS for $5,420.00: Change Order for Hobson Fabrication Corp. for $1,335.00: Change Order No. 1 for Rule Steel Change for $35,766: Change Order No. 2 for TMC, Inc. for $324.00: Change Order No. 1 for American Wall Cover for $7,665.30: De Weerd: Okay. 6-C, our finance department. I'll tum this over to Keith. Watts: Good evening, Mayor and Council members. I have Gene Bennett from Petra here to review the list of change orders that was -- that are in your package tonight. We have quite a few. I will grab Gene and -- there he is. If you have any questions we are both here to answer, so -- Bennett: Good evening. De Weerd: Hi, Gene. Bennett: My name is Gene Bennett. I'm with Petra, Incorporated. 1097 North Rosario, Meridian, Idaho. I have here a summary sheet that tells you in detail what these change orders involve and I will give those to Will to hand out. The amounts are the same amounts that are identified in your financial report. Attached to this is a description of what was involved in each of these. Some are credits. Some are additions. The overall total is an addition of 81,171.39. This total amount is covered in your current budget for the overall project and these changes are a variety of changes. Be glad to go through those in detail if you would like. De Weerd: Thank you, Gene. Keith, these changes are a result of architectural -- Watts: Correct. These changes are due to the ASI, which is the Architectural Supplemental Instructions that come from the architect. They are not changes driven necessarily by the construction site, but due to the change in the specifications in the plans from the architect. De Weerd: Thank you. Council, any questions for Gene? Bird: I have none. Borton: No. 0 Meridian City Council December 18, 2007 Page 9 of 87 De Weerd: Thank you. Bennett: Thank you. De Weerd: Okay. Council, I will need a motion to approve. Bird: Madam Mayor? De Weerd: Mr. Bird. 0 Bird: I move that we approve the change orders. It looks like nine add change orders and one deduct change order, for a total of $81,171.39. Borton: Second. De Weerd: Okay. I have a motion and a second to approve the change orders in front of you. Any discussion? Mr. Berg, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. D. Mayor's Office — Robert Simison 1. State of the City Sponsorship Donations: De Weerd: Okay. Item 6-D. Is Robert Simison. There you are. Simison: Madam Mayor, and Members of the Council, thanks for the opportunity to come before you tonight. We come here with a request to approve sponsorship levels for the 2008 State of the City address. After last year's state of the city, we had someone approach the city offering to -- would like to be the title sponsor event at a higher cost. With that in mind and with that other sponsorship levels, we wanted increase all the sponsorship levels in accordance with that request to sponsor at a higher level. In addition, we wanted to keep the cost of the event at ten dollars per ticket for people to attend. We do anticipate additional costs for the Taste of Meridian reception of three or four thousand dollars and we can put these additional revenues from the sponsorship will help us keep that cost at the ten dollars for the general public to attend. So, with that our request is for 3,000 for the title sponsor, 1,500 for tier one sponsors, and 500 for tier two sponsors. I'll stand for any questions. De Weerd: Council, we did not change the ticket price for this February 6 event, so we would like your approval. 0 Meridian City Council December 18, 2007 Page 10 of 87 Rountree: Madam Mayor? De Weerd: Mr. Rountree. 0 Rountree: I guess I have a question for counsel. Do we just need a motion to approve? Do we need a resolution? Do we need to amend anything previously that we have established here? Okay. Thank you. Madam Mayor, I move that we approve the recommended sponsorship rates for the state of the city -- Zaremba: Second. Rountree: -- February 6th. Zaremba: Oops. Now I second. De Weerd: Thank you. Okay. I have a motion to approve. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: I. Findings of Fact and Conclusions of Law for Approval: PP 07- 014 Request for Preliminary Plat approval for 34 commercial / retail building lots and 1 common lot on 17.84 acres within the C -G zone for Emerson Park Commercial by Kuna Victory, LLC — 2910 & 3030 South Meridian Road and 110 East Victory Road: De Weerd: Thank you, Robert. Okay. Moved from the Consent Agenda was 7-1 or Item I. Mr. Bird, who asked for that to be removed? Hood: Madam Mayor? Bird: Madam Mayor, it was asked for by Caleb. De Weerd: Okay. Hood: Madam Mayor, Members of the Council, we did ask that Item I be pulled from the Consent Agenda. After those findings were sent to the city clerk for distribution into your packets, the applicant did comment back to us that they would like to change those findings, so a change has been made to condition of approval 1.1.12 for Emerson Park to better reflect the motion made by Councilman Bird at the hearing on December 4th, 2007. I'll read that change just quickly. The access driveway at the north end of this site Meridian City Council December 18, 2007 Page 11 of 87 to Meridian Road that is currently being used for loading for Victory Greens shall be removed and the use disconnected prior to signature on the final plat for phase two of development as depicted on the phasing shown in Exhibit A-2. The way that the wording was currently -- some semantics here, but it said second final plat phase. So, we have amended that and the applicant feels more comfortable with this language, so staff recommends that the Council approve the findings of approval with the above -- or before -mentioned change. De Weerd: Okay. Thank you, Caleb. Any questions from Council? Rountree: I have none. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the findings of approval on -- for Emerson Park. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the findings. If there is no discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. call MOTION CARRIED: ALL AYES. CC. Professional Services Agreement with The Land Group for Settler's Village Square Design for the not to exceed amount of $97,800.00: De Weerd: Okay. Item CC was also moved to Item 7 and I'll ask Mr. Watts. Watts: Mayor, this was removed at the Council's request, so I guess I'm here to answer any questions you may have. Bird: Madam Mayor? De Weerd: Oh. Mr. Bird. Bird: I do have some questions. When was this bid and when was the bid accepted and when was the contract signed? Meridian City Council December 18, 2007 Page 12 of 87 Watts: There has not been a contract signed. The bid was issued on March 5th of 2007. The bids were due -- the bids were due March 14th of 2007. Bird: And it wasn't -- it wasn't actually a bid, it was -- as I understand it was a request for proposal? Watts: Yes. It was a request for proposal. That is correct. Bird: And we -- well, then, why -- why -- have they done some work? And as I understand we have been billed for some work. Watts: That is correct. Bird: This has never been approved by the Council. Watts: That is correct. The bid -- or the -- excuse me. The proposal was received from the Land Group, which was our only responder to the RFP. The original proposal was more than the amount that was in the budget for the parks department at the time. We had a sit down negotiation meeting with them and came to a revised scope and revised amount for the project. The contractor was to get back to us with a revised proposal and scope. At that point I left the project to the parks department and did not hear back from anybody and we subsequently have received an invoice and it got sent through and was returned back to the parks department, because we did not have a contract or a PO signed. I can't speak for how the contractor got started. My best guess is the former parks director probably gave them a go ahead before we had a contract. That is my guess. And that's where we are at at this point. Bird: When did you see the contract, Mr. Watts? Watts: I, actually, put the contract together today and had the contractor sign it. Bird: And they have been doing work all this time? Watts: I'm not sure -- Bird: Did we carry -- did we cant' this money through for fiscal year'08? Because I don't recall, but that don't mean nothing. Watts: We did, Mr. Berg -- or Mr. Bird, Council members. I did go speak with our finance department today and verify that those funds were carried forward. So, we have a hundred thousand dollars that was actually budgeted for this. The contract amount is for 97,800-- 0 0 Meridian City Council December 18, 2007 Page 13 of 87 Bird: Not to exceed. Watts: Not to exceed. Correct, sir. Bird: That isn't -- that isn't an actual contract cost, it's just not to exceed. Watts: It's a not to exceed. Correct. Bird: Oh, brother. And I certainly know it's not anybody's fault that this fell through the cracks that are here, but this is something that I can't believe we'd hang a company out on a limb like that, to be truthful with you, because no work should be done until this Council approves something like that. Watts: Agreed. From what I can tell it -- Bird: And I -- you know. Anyway, I have had my say. Watts: Any other questions, Madam Mayor, Council members? De Weerd: Council, any questions? Rountree: Madam Mayor, I -- Keith, if you could just give me an idea how much time's been spent and invoice amount. Watts: I can let Steve give you a rundown on that. Siddoway: Madam Mayor -- excuse me. Madam Mayor and Councilman Rountree, about 48,000 dollars -- about half of the contract amount has been done to date. And I can say I did also meet with Rita, verified that it was 100,000 line item approved in the budget -- for the '07 budget and that amount was carried forward in the '08 budget. But clearly it's backwards. The contract needs to be approved before the -- the work is done. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: The fault really, you know, falls on us, really. It doesn't make a lot of sense to go through it again now, other than the fact that I appreciate you, Steve and Keith, catching it and fixing it, getting it signed and righted going forward. I guess we all learn from the process going forward that it doesn't happen again. But it's a miss on our end. So, if there is no further discussion, I'd move we approve the professional services agreement with the Land Group in an amount not to exceed 97,800, which would be inclusive of the work already performed to date, as referenced by Mr. Siddoway. Meridian City Council December 18, 2007 Page 14 of 87 Zaremba: Second. De Weerd: I have a motion and a second to approve the contract. Mr. Berg, will you call roll. Rountree: Madam Mayor? De Weerd: Yes. Rountree: Before I can vote on that motion I need to have a question answered by either Keith or Steve. Has the work that's been performed to date been satisfactory, been within the scope of work that apparently the direction was issued under? Siddoway: If it's all right, I would ask Elroy to respond to that, as he'd been the one meeting with the Land Group on that, those services. Huff: Madam Mayor, Members of the Council, the scope of work is correct and all the work that they have done has been what has been in the scope what we have asked for. Just as a point of classification, it did get lost and I'm partly responsible for that and I got lost on it, too. So, it's kind of a three way deal. But certainly offer no excuses for it, so -- but it is right. Rountree: Thank you. Watts: And Council members, Madam Mayor, I would like to also add that all of the purchasing policy and the rules that we have -- everything was followed. The bid was advertised and I do have all that backup information for this project. Rountree: Okay. De Weerd: Okay. Any further discussion? Okay. Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 8: Continued Public Hearing from November 27, 2007: AP 07-009 Request for City Council Review of an Appeal of the Planning and Zoning Commission's approval of the Selway Apartments (CUP 07-016) by Glen Tiderman and Tracy Fries — west of Goddard Creek Way, north of McMillan Road and east of Ten Mile Road: • 0 Meridian City Council December 18, 2007 Page 15 of 87 De Weerd: Thank you. Okay. Item 8 is a continued Public Hearing from November 27th on AP 07-09. We continued this item for specific reasons. I'll ask staff to give an overview. Hood: Thank you, Madam Mayor, Members of the Council. I was not here at the November 27th hearing on this item, but I did read through the minutes and I have come to a brief summary and I'll just read that real quick and kind of go back through a little bit of how we got to here. We have an appellant that has requested City Council review of a Planning and Zoning Commission decision on a Conditional Use Permit. Architectural materials, density, traffic and compatibility with the surrounding residences seem to be the primary concerns of the appellant. This project was continued from November 27th, so the Council could review revised elevations that show a minimum stone work or accent of 50 percent and greater modulation on the carriage units. Two, who will be responsible for installing no parking signs on Goddard Creek. Three, providing cross -access easements to property to the south. Four, a cross-section showing the screening for the headlights on the north boundary. Five, if the existing pathway to the north is not extended into the site, what is the plan for that area where the pathway currently exists. And, finally, so all parties could review the written minutes from the 27th. The hearing was continued and the appellant, applicant, and public should be allowed an opportunity discuss only the items listed above. However, I do understand that the fire department has been in some discussions and some questions may be raised. I'll leave that up to the discretion of the Council, if you're going to accept any public testimony regarding that, but that was not one of the things that this item was continued to discuss. I do have an update for you on the five items that were mentioned that I just listed. One, the applicant has prepared revised elevations and will present those just after I'm done with my presentation. Two, ACHD staff, Christie Richardson, submitted an e-mail requesting a condition be added stating the developer shall install no parking signs on Goddard Creek Way from Wapoot Way to the south for a location to be determined by ACHD traffic services. The cost associated with the signs and the installation shall be at developer's cost. There was some associated roadway striping pavement marking that needs to occur with the installation of the signage. ACHD will pay for and conduct that work, but the developer shall coordinate the scheduling of the sign installation with traffic services, so that the pavement marking can occur at the appropriate time. In regards item three, staff -- planning staff recommends that the City Council add a condition to the CUP requiring cross -access be provided to the properties to the south in two locations. Let me just jump to the site plan real quick. One of the locations is the shared private street access point that they have coming in off of Goddard Creek and, then, the property to the south. So, a cross -access agreement here, as well as the extension and providing cross -access of that drive aisle there in the southwest portion of the site. Staff recommends that the condition be added that reads as follows: Prior to issuance of the fourth building permit, provide planning staff with a copy of a recorded cross -access ingress -egress easement to the property to the south. Said easement shall provide vehicular access to the property to the south in two locations shown on the site plan to Goddard Creek Way. And, then, in regards to item 0 0 Meridian City council December 18, 2007 Page 16 of 87 four, the applicant has submitted a cross-section showing screening to the north. And, again, I'll let the applicant present that after I'm done with my presentation. And, then, finally, I did contact the appellant today and talked with them about potential plans, if the -- there is an existing pathway stub, a micro pathway stub to this site in this location here. There was some discussions about that pathway not being extended into the site and continuing through the development as part of the pedestrian network system. I will, again, defer that answer to the appellant when they get up and testify. The interim parks director is also here. That was part of the minutes last time. I believe it was Mr. Nary mentioned that -- that Mr. Siddoway maybe could comment on implications if that pathway isn't extended and he is here today. Finally, I have received two forms of written testimony since the last year. One was a letter from Dorothy Pathow, dated November 30th, and an e-mail with attachments from Al Wallace dated December 14th. With that I'll tum the mike over to Steve Siddoway, unless the Council has questions. De Weerd: Council, any questions for Caleb? Bird: I have none. Borton: Madam Mayor? De Weerd: Yes. Borton: Caleb, looking at the staff report, is there also a rezone application that's being resolved today in conjunction with the appeal? Siddoway: Madam Mayor, Councilman Borton, no, the applicant has filed a rezone application for this site, but that has not even been to the Planning and Zoning Commission yet. Borton: Okay. De Weerd: Okay. Anything else, Council? Steve. Siddoway: Madam Mayor, Members of the Council, it's my understanding there were some questions at the last hearing looking for some input from park's perspective about the proposed micropath on the north part of this site. The closest city park to this project is Heroes Park, which sits approximately a half mile to the north. What -- and there is an existing micropath stub from the -- the subdivision north of it connecting to the -- to the site. Heroes Park sits just off the -- off the map up here. But the existing micropath stub, being extended to the site, one, would allow residents of this subdivision to get onto the sidewalk system and up to the -- the park, should they so choose, or it could also function as an access for residents of the subdivision to get through this project to the commercial that's proposed to the south of it. Finally, the -- if someone living in the Lochsa Falls Subdivision were to have a friend that lived in this development and they • 0 Meridian City Council December 18, 2007 Page 17 of 87 wanted to access it, you know, they would have the ability to connect to it through that micropath without going out and around and in. But that's -- that's the function that the micropath would serve from my -- from our perspective. Without it, the folks living in this development would go out to the street and up to the park that way or folks would go down to the commercial access to the south using sidewalks along the collector road, as opposed to through the project. And with that I'll stand for any questions. De Weerd: Council, any questions? Rountree: I have none. De Weerd: Okay. Thank you. Siddoway: Thank you. De Weerd: Okay. We will ask the developer to present first, so the appellant has an opportunity to know what they are responding to. And each will be given ten minutes. If you can face it towards the audience, we can generally see. Thowless: Madam Mayor, Members of the Council, my name is Wayne Thowless, LKV Architects, 2400 East Riverwalk Drive, Boise, representing Rudeen Development. Thank you for the opportunity to respond to the conditions set at the last Public Hearing. I'd like to start tonight first by calling your attention to the materials I handed out. The color rendition on those is not real accurate, because they are reduced so much, but I do want you to have those in your hands, since there are so many buildings involved. As you have questions you can refer to those. The color rendition in the Powerpoint images is also not real accurate, so I have these large boards here, which I will speak to shortly. I'd like to start tonight by showing you a few photographs of the neighborhood and the architecture that we are trying to be sensitive to and emulate in the apartment buildings of the Selway development. all these photographs were taken, except for the few at the end, of other apartment complexes within just a couple blocks of the subject site. Please note the different siding materials. There is vertical board and batten and this particular house there is some shingle treatment, horizontal wood siding and masonry accents typically in the form of stone. Some of the homes have some brick. Next slide, please. Most of the homes are wood siding on the sides and the back, with stucco and/or stone accents on the front. This home is right across the street from the proposed apartment project and it utilizes, as you can see, a mixture of stucco and stone. More common pallet is stone or stucco on the front with siding on the other side. Next slide, please. Here is a case where to comply with the covenants within the Kelly Creek area, the homeowner or builder utilized stucco as the single accent material. The covenants give the option of stone, brick, or stucco. You can see it is strictly an accent. Most of the siding of the walls is a wood material. Next slide. Another case. Notice the stone accent. I won't debate whether it's 40 percent or not as the covenants require, but the rest of the siding is different wood materials. Please note the corballing, the little 0 0 Meridian City Council December 18, 2007 Page 18 of 87 projecting elements. That will be germane to my discussion in a few minutes. Next, please. Here is the typical back and side of the homes in the area. Typically, one color and one material. Next slide, please. Another home very close proximity to the project. The slides that we just viewed, you noticed all of the colors were greens and that is not an uncommon accent color or full color of the homes in the area. Here is a home directly across North Goddard Creek Way from our site. Notice the lack of any accent materials or colors on the side. This, actually, faces the street. But it is the side of the home. Next, please. Another home across from the subject site. Again, all siding on the sides and the rear, single color, with the exception of the trim. The homes that are due north of the project, again, same comments as before for the most part. Next slide. There was conversation and discussion last week about the apartment complex in Hobble Creek and the amount of masonry material on those buildings. This is a photograph of a typical three story building there. It does have accents up those gabled projecting portions of the building adjacent to the balconies and at the entrance element. Next, please. The side elevations, some of them have some masonry material as you can see here. Next, please. And some do not have anything. Next slide. This is a rather high end apartment complex in Boise. It's on Park Center Drive right hear the Albertson's headquarters and I show this to you, because this is a -- as I say, very high quality project, but you will notice there are no accent materials whatsoever. The color of the trim, the siding, everything is monochromatic. There are some differences in siding material and pattern, but it's an attractive project that has no masonry or stucco on it at all. We took very seriously the comments and the discussion of Council from the last Public Hearing, as well as the neighbors. We went back to the drawing board, so to speak, and we have revised the exterior elevations of every building in the project from those elevations that have been previously submitted and discussed. Those elevations are up here. As I said before, the color rendition is off on anything that we project, so with Council's approval, I would like to put this board up to where you can see them and I can speak to the actual colors, if I may. De Weerd: Council, if we have them put it over on this easel and use the highlighter. Thowless: Would you prefer over there? De Weerd: Yeah. Because, then, everyone can see it. Thowless: Well, unfortunately, the light's not very good over there either, but we will do our best. What we have done is our - this is one of the typical three story buildings. Previously, we have stone accents at this location and this location and at the breezeway entry element. In response to Council's request, we have increased the amount of stone significantly by taking it up the entire element here adjacent to the balconies, very much like you saw on the apartments at Hobble Creek. On the fronts of the buildings, those that face the driveways that the user, the tenants will enter into the breezeway and access their units, we have also placed stone around the patio area that flanks the entrance, because that's the most highly visible portion of the building as 0 i Meridian City Council December 18, 2007 Page 19 of 87 you're approaching it. On the back side of the building we have always had stone, but, again, we have extended it all the way up those elements. Because people do not typically come and go through the breezeways on the back side, we have also -- instead of putting stone at those adjacent patio areas, we have put it on the ends of the building and extended it around the comers of the first floor only. If we could go to the next slide, please. This is another three story building. There are four total. There are two of these buildings and they are not located adjacent to one another. This one has board and batten accents, but the stone is in the same place as on the previous building. Next slide, please. This one has -- back to horizontal siding, but the -- you will notice that the colors are opposite of the previous building that we just looked at. Stone again. The same locations and around the comers. I'd like to make the -- the point here that as you saw in the pictures of the homes in the area, the architectural treatment and the nice materials are typically limited to the front of the majority of those homes. At your request and because we are endeavoring to do a quality project and we are taking your comments and the neighbors concerns seriously, we are proposing accent colors, alternating siding treatments, and some use of stone on all sides of all buildings. At the Renaissance or the Hobble Creek apartments, there are garage buildings that have no accent materials whatsoever. And as you saw there are some end elevations that have no accentuation either. Next slide, please. This is one of the two story building types. Again, it has the board and batten accents. Has stone on these elements adjacent to the balconies at the breezeway entrance. At flanking bedrooms on the first floor. Similar treatment on the back side. And stone wraps around on the side elevations a part of the way. Next slide. This is one of the other two story buildings. Again, the color scheme is different. The siding treatments are different. The stone is, basically, in the same areas. Next slide. This is the two carriage unit buildings. We did a second design, so that all six of them would not be identical. This was the original building here and this was the alternate design that moved the balcony from the side to the elevation facing the driveways. You notice in this building we have stone on the entire first floor between and above the garage doors. We have stone accents on the back of the building. In response to feeling that the buildings were too simple and rectangular, we increased the number of gable roof elements to add architectural interest on both buildings, both front and back. On this building here we put the stone in the center, taking it all the way up both first floor and second floor. Stone accents on the rear. And, there is some stone on the side elevations as well. With regard to this building, there was concern, I believe, from Councilman Rountree that the building didn't have as much massing articulation as some of the larger ones. Hopefully, what we have done with the roof lines and the different materials and colors is satisfactory, but if it is not, we would be willing to actually do an offset on these buildings where one apartment unit and the three garages below it would remain in its present location and the other half of the building could be shifted back two, three, four feet. We don't -- we aren't able to move any part of the building forward, but we could move it back. And if that would be the Council's desire, we would be happy to do that as well. The one caveat is, of course, that at least behind that portion of those buildings that we might shift, it would reduce the landscape buffer behind. But we would be happy to entertain that. Back to the slides of the buildings. This Meridian City Council December 18, 2007 Page 20 of 87 is the clubhouse, manager's unit building. A lot of stone on the front. Stone accents on all other sides, as well as various siding treatments and the two tone color scheme. Next slide. In the storage building -- our lowly storage buildings have added stone accents to all four sides. I would like to mention that we did meet with three of the neighbors who have been representing the neighborhood association today, this afternoon. We showed them our work, these revised elevations. One suggestion was made that perhaps this roof could incorporate another gable. We would be happy to do that in response to their suggestion, if that pleased the Council. I'd like to go on record again as stating that we are proposing to use hardy plank siding, both a narrow plank and a wide plank, plus the vertical board and batten. We have the two tone color scheme with a third color trim, as you see in the elevations. In response to the neighbors' concerns about roofing, we have agreed to change the color to black and to use architectural grade shingles, as opposed to standard three tab shingles. Next slide, please. Okay. Do you not have on that CD the slide of the section? I can speak to the board if you'd like, Caleb. I have got a board of it. Are you able to rotate it? There we go. Thank you. This is an end view or a side view of one of the carriage units along the north property line. You can see the section -- where the section is cut right there. One of the concerns of the neighbors was headlight intrusion into their backyards. This is the five foot fence that presently exists on the north property line. What we have done in response to that concern is we took -- we have kept our same mixture of deciduous and evergreen trees in the landscape buffer, but we have concentrated the evergreen trees between the buildings, behind the parking stalls. We, actually, have typically Austrian pines along the fence line. That's the tall tree illustrated here. In front of that we have a Mugo pine, not the dwarf variety, but a full Mugo pine. And immediately in front of the parking spaces we have incorporated Japanese holly, which is a broad leaf shrub, but it does not lose its leaves. So, we have, basically, four levels of buffering for those headlights and the parking spaces and in the driveways. And as you can see from that -- that lane there which represents the top of the headlight beam, even when the trees are relatively young and haven't reached mature height, they will still afford some degree of buffering and all the materials are evergreen in nature, not deciduous. As you heard in the staffs report, ACHD has requested that there be a condition of approval that the developer provide the no parking signs on the street. The developer is happy to do so. As we have stated in the past relative to the micropath that connects the apartment project to the neighborhood that time north, if the city desires that, that's fine with us. If the city does not desire that, that's fine with us. We can go either way on that issue. I think I have covered the major design modifications that we have made. We believe that we have responded to the intent of the Council. There is a tabulation as requested of the percentage of stone on each elevation at the back of your packet. We have not achieved the 50 percent that was requested, but we believe that we have met the intent of Council's request and looking at these buildings on the whole relative to the neighboring homes, we believe that we have enhanced the project and have sensitively related to the materials, the colors on the residential architecture in the area. So, we would respectfully request approval of the design changes that we have made. 0 Meridian City Council December 18, 2007 Page 21 of 87 De Weerd: Thank you. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Caleb, if you could go back to the carriage homes. It really doesn't have anything to do with the desire per se, but the function. Thowless: Okay. Rountree: The garages associated with these units, will those be rented with those units or will they be handled similar to the garage spaces in the individual garage units? In other words, if I have got a young aspiring musician and I live around the comer and I can rent one of those, so that I can have a garage band, is that going to happen? Thowless: I was -- Councilman Rountree, I was about to acknowledge that you were on the right track until you parted the part about the aspiring young musician with a rock band. The garages are not specifically designated to go with the units above. They will be rented to the renters in the units above, if those renters want to rent a garage or garages. But they are also open to be rented by other renters in the apartment complex. And I think it is safe to say that Rudeen Development will limit the use of those garages to what garages are intended for, the storing of vehicles and belongings and not jam sessions. Rountree: Thank you. Another question, Madam Mayor. De Weerd: Uh-huh. Rountree: I believe it was on the garage units itself or your storage buildings, you indicated there was some discussion with the neighbors for some additional alteration of the roof line. In what way and in what location were the discussions headed for those changes? Thowless: Councilman Rountree, Madam Mayor, I believe what they were looking at was the long, unbroken nature of these roof plains that face east and west. In this particular graphic the building is actually condensed. It's, actually, longer than that. And I think what they were thinking might be a good attractive addition would be a gable element on those long, unbroken roof planes and we would be happy to do that. Rountree: Along the lines of a dormer? Thowless: Yes. A dormer would be another way of referring to it. Uh-huh. Similar to the elements that we added to the roof line on the carriage units themselves. 0 i Meridian City Council December 18, 2007 Page 22 of 87 Rountree: Would that be one per unit or one per building or -- Thowless: Councilman Rountree, there is only one of that building type. Rountree: Okay. Thowless: There is one storage building on the site. It's this purple building there. And so it would only be a modification to that one building. Rountree: How many dormers would you propose? Thowless: One on each side. One on the east, one on the west. De Weerd: Okay. Anything further? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: If you addressed it, I failed to catch it, I'm sorry, but the one issue of the cross -access agreements that would be necessary here and here you will attempt to provide those? Thowless: Absolutely. Zaremba: Okay. De Weerd: You know, I guess I didn't know that those garage units were not associated with the residents that would be in the building, which -- I don't know if the fire department is concerned, but if those units have no property at risk, you know, do you require -- do you have restrictions on what they can put in the garages, who oversees that? I guess that would be my concern is maybe there is not a jam session going on in the garage, but there may be hazardous materials, flammable material. We know a lot of our house fires are started in the garage, in particular during fireworks season, but I guess I just would say is there any oversight to that and how do you oversee that? Thowless: Madam Mayor, I think I'd like to defer to Rudeen Development on that question, if you'd like to post it to them. We do have representatives of the company here and they could speak -- that sounds like a management type of question and issue. De Weerd: Okay. Since I didn't articulate it too well, I would imagine they will remember my question that I asked. But, Council, any other questions at this point? • 0 Meridian City Council December 18, 2007 Page 23 of 87 Bird: I have none at this point. Rountree: I have none. De Weerd: Yeah. If we could have one of Rudeen's -- if you will, please, state your name and address for the record. Capen: Yeah. My name is Kurt Capen. I work for Rudeen Development and my address would 4707 East Upriver Drive, Spokane, Washington. That's where I office out of. De Weerd: Okay. Capen: To address your question, we do have onsite managers that control that. We have lease agreements. We can -- we patrol it the best we can. Just like in a home you can't always control what someone is storing in their garage. We try and police it as cars, that's what we tell them, it's not meant for storage, it's meant for cars. We have parking requirements is part of our parking requirements, we try to add amenities for garages for tenants. We typically -- which Wayne doesn't necessarily know, but we typically have one of these units go to the carriage unit, but the other two below each carnage unit are not assigned to that one. But we do usually assign one to the unit above that's usually under the master bedroom. They are protected with the -- you know, fire safety breaks per code that would be. We certainly do have people to go through, maintenance guys, you see them when they are open. When you see people storing stuff in there, we contact them or write them a violation, we say you got to fix it. You can do -- we comply with the laws that you have, it's either comply or vacate, and you give them notice that you need to go with what is in your lease, which is that's a car spot, not a spot for storage and flammable materials. So, we manage it by your on-site manager being active in the neighborhood to kind of police, if you will, the whole area and that's where our start is on keeping control on all the apartments we have is we usually have an on-site manager that lives there and takes control of it and full-time staff, meaning six days a week, if not sometimes on Sundays, depending on the market, not just three or four hours a day here and there. Usually it's a full eight or ten hour day, six days a week, because our goal is, obviously, to be open for renters, so that also means you have someone there policing the site all the time. That's how we have done it on a lot of the projects that we have in the past. Does that answer your question about it, I mean how we police it? It's in your lease agreements, it's -- we try to enforce that the best you can. We don't always go in and break open doors and try and check it, but when you see it as people go and come, we police it and write them up for that and ask them to vacate it. Rountree: Madam Mayor? De Weerd: Uh-huh. • Meridian City Council December 18, 2007 Page 24 of 87 C Rountree: Along those lines -- and it was a question that came up previously about the maintenance of the facility and I assume that any questions about maintenance of this facility, if it were to happen, will be handled similar to what you just said? Capen: As far as your ongoing maintenance, yes, your -- Rountree: Exterior maintenance and -- Capen: Yes. Rountree: -- maintaining the landscaping, the condition of the buildings, that sort of thing? Capen: Correct. Our on-site manager would be responsible for that as well, daily walking, picking up any garbage or trash that my blow out of something. Watching for any gutters that slowly deteriorate or fall off, you fix them. It is our goal as well to have a good looking project, because that is how we benefit as well, having good tenants stay in there. It doesn't do us any good to have all kinds of tenants come in that don't care about where they live. We enforce rules and make them care. Rountree: Madam Mayor, follow up. De Weerd: Uh-huh. Rountree: Do you establish any guidelines, criteria, standards, evaluation techniques, checklists, et cetera, for your maintenance manager type folks so there is some quality assurance? Capen: Most of our -- you're talking about our -- in staff that will work there. All of our staff would go through the same criteria as far as criminal checks that we do with any tenant, we check every tenant and all of our staff for criminal, any history of good stature per person, if that's what you're talking about, and as far as their quality of work, we, obviously, would check references much like you would with any job application, we don't have 30 or 40 people that we are going to just bring here, we would have to go out and apply and find out who's out there and probably go to other communities that we think are good and look at recruiting those folks or finding out by word of mouth who is good in this industry. And that's how you do it is you just go through an interview process and -- to find your quality of maintenance person and it usually starts with your on-site manager, which directs -- works directly with my boss, the owner, and myself and other staff, to make sure that the project is always in top shape. So, that, again, is our main goal as far as it providing an attractive place for people to come and rent. Rountree: Madam Mayor? • 0 Meridian City Council December 18, 2007 Page 25 of 87 De Weerd: Uh-huh. Rountree: Now I'm safe, what quality assurance -- my question is does your corporation, your company, have in place architectural guidelines, cleanliness guidelines, clean and green guidelines for what the place looks like and how it's going to be maintained, that your managers are bound to and that they will implement? Capen: We do have a manual, if you will, because we believe every project is different in its own way. We have different projects in different areas. We have a continual supervision of the owner or owners representative on site quite often, I would say on our projects in Spokane it's three times a week. Down here I would imagine you'd probably at least two or three times a month that we have the owners -- one of the owner representatives on site and that's probably more active than a lot of apartments out there. We do come to Boise quite often, so -- Rountree: Madam Mayor? De Weerd: Yes. Rountree: When you first started discussing what it is you do, you used the word you usually do these things. Do you unusually not do them? Capen: No, sir. I'm not actually -- we have two different sides of the company. We have the development side, which has between 20 some employees and I am the CFO of that company and I work that. We also have a management side that I know how they operate, because I worked for them for 12 years and I see what they do, but I am not on the management side, so I cannot exactly address what is in the leases, but I know what they -- the intent is and I know with being around them and working with them, that they do have leases. So, I'm saying usually, because I am not the -- I don't know the exact letter of the law in the leases, but we do enforce those issues and we have leases that are supposed to, but as far as the garages that you're going back to, I think to enforce that they are for car parks. Rountree: Madam Mayor? Then, would you or your company be opposed if the city put some kind of stipulation that it's not a usual, but it will happen in the development agreement that would -- or the Conditional Use Permit that would -- could be issued on this project? Capen: As far as which one those of parts? What I'm trying to say is are you saying you would like to tell us how to maintain our project or just make sure that we enforce in the leases that people do not do other activities, other than store a vehicle on a garage, because I don't think we have a problem with that. That is our intent in our lease as well, as far as the garages. They may also store a TV or a box or something, but the main • Meridian City Council December 18, 2007 Page 26 of 87 goal is save room for your car, because that's where it's supposed to park. I don't think we have a problem with that. Rountree: And that you will have on-site managers and those sorts of things? Capen: This is -- we do have on-site managers on probably 90 percent of projects. If you have a good manager and they have their own home, I'm certainly probably not going to disqualify them because they don't live on site. I don't know if that's legal, plus I wouldn't want to turn a good person away because they have their own home. But it is our intent to have an on-site management staff, like we do 90 percent of our stuff. Rountree: Thank you. Capen: Any other questions? De Weerd: Council? Bird: I have none. De Weerd: Mr. Zaremba. Zaremba: Madam Mayor, before we move onto the appellant, I guess we are saying, somewhere in there I thought there was a suggestion that some new issues were raised by the fire department. Could we have comment on that either yeah or nay. Niemeyer: Madam Mayor, I believe that the concerns raised would be from the public. We have no concerns regarding this development. I have been in contact with Chief Silva, the fire marshall. He has been in contact with Wayne today and according to him all those issues have been resolved. Zaremba: Thank you. De Weerd: Okay. Anything else, Council? Bird: I have none. De Weerd: Okay. Would the appellant like to come forward? Titerman: Thank you, Madam Mayor. My name is Glen Titerman. I live at 2432 West Los Flores Drive here in Meridian. Thank you. De Weerd: Thank you. Meridian City Council December 18, 2007 Page 27 of 87 Titerman: I'll have to admit that these drawings are -- they go a lot farther in the idea that we had for this development. Unfortunately, we still have 171 units, but that just may be a discussion for another day. The fire -- the fire concerns -- I don't know if you would be willing to open that up to a moment of discussion, but we have a resident who is a local paramedic who has had some discussion with one of the fire chiefs, I believe, in the area about a ladder truck that's on -- scheduled to be ordered. We have had some concerns about -- in the past whether a ladder truck would be able to get in there and get to the third floor effectively if that were, you know, something that -- that they saw that it's important. One thing that I would say in the testimony for the carriage houses, Wayne mentioned that the ability to maybe split those apart and offset by a few feet, split into -- instead of one group of six garage doors on the bottom, two groups of three. We would oppose that on a couple of issues. One is it's going to crowd the homes behind it a little bit more by a few feet. The other is -- as I see it, it's going to leave a few more feet in front of those garage doors for them to possibly try to sneak in a vehicle and potentially impede on the fire safety zone as well. So, I would ask that that not be a choice that you would agree to on that. Let's see. The only other thing -- it came up in the last meeting. I haven't heard it this time around and maybe it's something that's not possible, is we'd still like to see a right tum out of the Goddard Creek entrance, sort of to protect Apgar being the straight shot over to Linder. That would be something that we'd like to see. And, again, if you would be not opposed to hearing what Brian has to say about the ladder truck, maybe some his testimony if -- it's up to you. De Weerd: Yeah. We can hear that. But I did have a question -- unless Tracy was going to -- Titerman: No. Tracy has a lot to cover as well. She's got a bit and I've got a bit. So, maybe Tracy could cover what she has and, then, you could ask questions of both of us, if that would work. De Weerd: Okay. Fries: Madam Mayor, Members of the Council, Tracy Fries, 2787 West Wapoot, Meridian. A couple of things. Like Glen said, the revised elevations are an obvious improvement. We did meet with the -- with representatives from Rudeen this afternoon. Much improved elevations. I would like to note, however, the pictures that Wayne showed, while they are representative of our community, they are selected representations of our communities and many of the homes do have much more in the way of rock and stucco and do have it on multiple sides, my home being one of those, and I would like you to take that into consideration when you look what they presented, compared to what you requested. The ACHD changes regarding the parking -- no parking on Goddard, we appreciate that. That's very helpful. The south access, to cross - access, excellent, we do appreciate that. As far as the cross-sections, the screen to the north, Wayne had a nice cross-section drawing there showing the landscape and how 0 Meridian City Council December 18, 2007 Page 28 of 87 0 that has been changed to -- thank you, Caleb. To more appropriately address the parking areas. We would just like to reiterate that we would hope that that will not detract from the landscaping behind those apartments -- those carnage houses, that we will be looking in those windows and such right into the homes in the backyards. We understand it's a transfer of the deciduous and evergreen trees, but we'd like to make sure that that screening is not lost on the other areas as well. As far as the pathway to the north, I spoke with Mike Farlow from Valley Property Management, we are in a bit of a unique situation right now in that Kelly Creek has just now been turned over to the homeowners. Our board has not had an opportunity to meet in full yet, there are three members. They will be meeting in January. The only -- so Mike cannot make a decision, the board has to make a decision at this point, but they have not yet had that opportunity. The only concern would be cost to that and how we would -- we would absorb that cost. The general consensus of the community is that they would like to see that pathway closed off. In the meeting this afternoon -- I'm not sure -- I believe it may have been Kevin Rudeen, perhaps I'm incorrect, but one of them indicated that they would be willing to pay for the fencing to cross that off, to close off that section. I understand Mr. Siddoway's comments -- oh, he's gone. Comments regarding the park access. As he did show -- do we have a pointer? Okay. Somebody show me -- is this our access right here? Okay. This will go through into Kelly Creek. One reason would be that it would allow access to the park right up here. Another would be that it would allow these community members access to this proposed commercial in the future. I don't think it's going to help us out much, because even if we come through here we still have to go down and around their entire property to get through to that commercial. Really no benefit to the community members in Kelly Creek or coming out of Verona into Kelly Creek. I don't think it's asking too much to access -- there is sidewalks -- a sidewalk system in place and beautifully landscaped right along here on Goddard. The only community members who would have a further walk would be these ones right here in those carriage homes. So, we are looking at one, two, three, four -- eight residences that rather than being able to access there, can go out to Goddard where you can access the sidewalk system. Then, those of us who are residents of Wapoot do not have to wont' about those late night parking visitors that are going to park on our street and cut through to those apartments, the big concern for many of the families that have young children on that street. Like I said, Rudeen said they are willing to pay for the fencing to close that off and the Kelly Creek homeowners association board will be meeting in January and they can give you a detailed explanation as to how they would handle that property. But as it stands they currently take care of the landscaping and upkeep, it's just a matter of the sidewalk, whether that would stay or be removed and whether or not that property would be kept as part of the community property or folded into the two existing home sites that are there at this point. Also, would like to note that we appreciate Kevin Rudeen and representative agreeing to the architectural singles. One concern we did have is that in the staff report -- Caleb, perhaps you can help me out on this. There is a point where -- perhaps you can help me out, Glen. There is a point where something was deleted by Planning and Zoning. We were comfortable with that, but the deletion went too far and it crossed out the minimum three inch caliper for Meridian City Council December 18, 2007 Page 29 of 87 trees and that was not the intent of that meeting, according to the minutes. And we'd like to insure that that is not a loophole that eventually we wind up paying the price for as a community. So, if somebody could just insure that the landscape -- it is, actually, the landscaping to be in place prior to occupancy and Rudeen asked that it be just on a building by building basis, rather than completely along the north and west boundary and I believe the deletion was just accidentally carried too far and if we could address that as a community we would be much more comfortable. And I believe -- other than like Glen said, the 171 units, which this is not the forum for, that concludes the concerns that I had. Titerman: I have one other that I forgot. De Weerd: Just for the record -- Titerman: Glen Titerman. De Weerd: Thank you. Titerman: We have asked the gentlemen at Rudeen and Wayne about the colors. We would just, again, reiterate that we would ask that they either choose colors from the current Bridgetower color pallets for this plan or submit their colors choices to the Kelly Creek association for -- for approval, which is either/or is exactly what we all had to do as homeowners. So, not to criticize their color choice in any way, we would just like to see that that is agreed upon either by the association or chosen from an existing color pallet. And I guess -- Nary: Madam Mayor? De Weerd: Hey, Glen, why don't -- before we have additional testimony, that we ask Council if they have any questions for you all. We can ask him to testify under his -- Titerman: Fair enough. Thank you. De Weerd: Okay. Council, any questions for Glen or Tracy? Rountree: Madam Mayor? De Weerd: Yes. Rountree: Question for Tracy. And you lost me with your comments about the landscaping and the three caliper and the north and south -- or north and west to be done prior to occupancy, what was the point you were making? Meridian City Council December 18, 2007 Page 30 of 87 Fries: Excellent, Councilman Rountree. Thank you, Caleb. I appreciate your finding that. If you note on -- it looks like is it -- my eyes are a little bit older than the rest of me. Hood: It's the first bullet point in condition 1.1.4 near the end. And I believe that -- Bill Parsons prepared these -- these reqs and I believe that you're correct that he just got a little too strike through happy with that. The -- but those were deleted by the Planning and Zoning Commission. However, the three inch caliper, which is the second half of that sentence, should be still intact as a condition. So, if the Council so chooses to approve this project, we will amend that condition to reflect that they do need some three inch caliper trees in there. That was just an error on staffs part preparing the recommendation for the Planning and Zoning Commission. Fries: Thank you, Caleb. Does that clarify that issue? Rountree: Well, yes, it clarifies that point. Now, I believe the testimony was made by Rudeens last meeting that they had indicated three inch caliper materials. Fries: Excellent. Thank you. De Weerd: Any other questions from Council? Bird: I have none. Borton: No. De Weerd: Okay. Thank you. Fries: Thank you. Nary: Madam Mayor? De Weerd: Okay. Yes. Nary: Madam Mayor, Members of the Council, this hearing was continued for only those specific purposes that were raised, so you can't take new testimony on new evidence. We can only do it on what was continued for the purpose of what was brought up by the planning staff and what's been addressed by the applicant and the appellant. So, the issue that's being proposed to be presented now isn't appropriate for this hearing. Person: I believe the fire chief was asked questions and this speaks directly to the fire. De Weerd: I'm song, at this point I don't know what I'm supposed to do. Person: This speaks directly to the fire department and that was -- 0 0 Meridian City Council December 18, 2007 Page 31 of 87 Nary: No, you can't bring it up. De Weerd: I'm song, sir, you can't comment yet. Nary: It wasn't brought up -- it wasn't -- the purpose of this hearing was for the five points that were articulated by the planning staff. The only reason Deputy Chief Niemeyer was asked that was because it was the belief of the Council that there was an issue from fire. He said there isn't an issue from fire, so there isn't any testimony necessary and that's not what it was continued for, so they can't take new testimony on different issues than what was -- it was continued for. Bird: Madam Mayor, this was the exact thing I said is we'd get this thing open and it would be another six hour public testimony. We -- specifically what we were going to talk about and that's it, so -- and wasn't part of it. Rountree: Madam Mayor, I guess on this particular topic, it is an important topic and I don't think we need to make light of it. However, our fire chief and our assistant fire chief and our additional assistant fire chief have assured us that all fire code will be met, all fire requirements will be met, all fire issues will be met by the applicant before the application would more forward. So, that's been testified by our own staff. All three of our chiefs and assistant chiefs, so I'm comfortable that they know what they are doing. De Weerd: Okay. Thank you. And I apologize. Okay. We will accept testimony based on the five items that it was continued on, so -- I do have a number of people that did sign up to indicate their opposition of this project. Rather than reading off each name, I will enter it into the record. I would ask if anyone has testimony to, please, come forward at this time. If you will, please, state your name and address for the record. C.Fries: Madam Mayor, Members of the Council, Chris Fries, 2787 West Wapoot. Was one of the individuals present today at the meeting with Rudeen. I did find that they did make a large effort to improve the building -- the outsides to the community. They also kept commenting that it's in regards to -- you know, it's comparison to what we have now. I feel it is similar, but taking what you all have said at the prior meeting, requesting 50 percent stone or stucco, in looking by -- at these numbers that you guys all have, some of these buildings only have seven percent stone or stucco on one side. I feel that they could have gone a little farther into it. You know, they have made the comment that they looked like a castle if they went with too much stone and that is fine, but I think they could have also gone a lot more with stucco. If you look at all the commercial that is being developed right now in the area -- and I know that this is, quote, unquote, residential, but it's commercial to these people. This is a business, this is how they make money, and I feel that it needs to be better than what is there now. It needs to stand out and above that, because, you know, I know they said they wanted it to blend in, but three story apartment buildings are not going to blend in with any of the Meridian City Council December 18, 2007 Page 32 of 87 surroundings. And that's -- you know, I just -- I'm going by what you all have asked from the developer and I don't see that on any one of their buildings -- on any side of the buildings, for that matter. I would just -- you know, I guess my request is that you uphold what you requested from them and, you know, as a service to the community to make this better than anything that has been built here to this point. Thank you. De Weerd: Okay, sir. Hessing: My name is Matt Hessing, 2745 West Wapoot Drive, Meridian. De Weerd: Thank you. Hessing: I'd like to reiterate the comments that I made in the last session about the path -- the access path to the north from the proposed project. There has been a lot of great testimony about it. I know that Rudeen is -- is willing to forego the path. I'd just like to make the voice heard again from the neighbors, especially the large majority of neighbors that have small children. The main concern is the amount of traffic that will come onto Wapoot of cars being parked from visitors and the majority of people that would be using the path from the apartment project. It is a concern to the neighbors. We have small children and it's very difficult to keep tabs on them as it is. If the path were to be there, I feel that it would cause some severe discomfort to me and my family, as well as our neighbors with our children. Thank you. De Weerd: Thank you, Matt. Okay. Any further testimony? Okay. Will ask for wrap-up remarks first by the developer and, then, final word to the appellant. Thowless: Wayne Thowless, LKV Architects, 2400 East Riverwalk Drive, Boise. Madam Mayor, Members of the Council, regarding a few of the neighbors' comments that have been made, first, let me address the issue of percentage of stone or masonry or stucco accents. We are not proposing any stucco on the buildings. The reason for that is that stucco is an expensive material, like stone or like brick, but it does not hold up as well as stone or brick and it does incur -- entail ongoing maintenance. Stone or brick does not. So, we made the conscious decision that all of the accent material that we wanted to propose would be stone to look better and require less maintenance over time. To increase significantly those percentages beyond what we have shown, we do believe would be -- create architecture that would be out of character with the neighborhood and would be castle or fortress looking. There is such a thing as too much of a good thing and generally in this region of the country, when stone and masonry is used on buildings, it's used as an accent, not a primary construction material, like brick is back east where they build whole buildings out it typically. With regard to the color issue and the request that our final color choices be subject to the review of the homeowners association or be limited specifically to the specific colors that are mentioned in the CC&Rs of the surrounding subdivision, I just respectfully remind Council that the CC&Rs do not apply to our project. We believe that from day one the color pallet that Meridian City Council December 18, 2007 Page 33 of 87 we have chosen is complimentary to the colors that are being used in the adjacent neighborhoods and we would respectfully request that if you agree with that, that you approve our elevations and design as submitted and that we not be subjected to another level of approval of our project. I would like to also reiterate that it is with great expense that we are willing to take the architectural treatments on these buildings to all four sides of all buildings, whether they face a property line or the neighborhood or a street or not, that is something that you typically do not see in single residential architecture, multi -family residential architecture, commercial architecture. The emphasis and the money is spent on the sides of facilities that face the public way. And we are going way beyond that in our proposal and we are doing it willingly and we believe in the interest of making it a better quality project, making it harmonize with the neighborhood and in response to your specific requests of us. We believe that we have come up with an architectural concept that may not meet the letter of your request to us, but definitely meets the spirit of it and results in a better quality architecture than if we had just simply gone by the numbers and put enough stone on there to achieve your request of us. I'd be happy to stand for any further questions. De Weerd: Council? Yes, Mr. Rountree. Rountree: Madam Mayor. It was stated apparently during a meeting this afternoon that there was a willingness on your part to fence the north pathway if it were determined that that north pathway was no longer needed. Thowless: Absolutely. That is correct, Councilman Rountree. Rountree: Okay. And with respect to your comments on color -- just anticipating. Who would judge the complimentary aspect of color? The complimentary color chart? Would that be something the city staff would have a hand in -- I'm not saying that because I don't trust you, because if it happens and it becomes an issue, then, that's a question, who's the judge. Thowless: Councilman Rountree, Madam Mayor, we have previously submitted a large color board with actual physical samples of materials and colors on them. Since the last Public Hearing, since we have been asked to come back, the elevations that we have shown you have toned down those colors just slightly. The tan is a little more tope than we are showing now. The green is a little more gray than that color board. But we would have -- we would be happy to work with staff through the certificate of zoning compliance process or the building permit application process, show them new physical samples, show them that they meet the intent of what went through Planning and Zoning and would have been shown to the neighbors previously and handle it that way. Rountree: Madam Mayor, there was a comment made that there might be a potential to lose the screening to the north behind the carriage homes. I didn't see that in your -- in Meridian City Council December 18, 2007 Page 34 of 87 your drawing. That's not an intent with the change in the shrubbery that you have proposed? Thowless: Madam Mayor, Councilman Rountree -- Caleb, could we have that section graphic back, if it's not too difficult. Within the landscape buffer along the north and west property lines we have not changed the -- our pallet in terms of the mixture of trees or the quantity of trees in any way. All we have done reposition with the majority of the evergreens being between buildings and more deciduous behind the buildings. I guess that can be argued whether that was an appropriate decision, but the -- there are very few windows on the north side of those carriage units. The bedrooms, the living room, the dining room, all face into the project, not toward the homes. There is a small bathroom window. There is one small bedroom window that looks out that way, but the primary concern seems to be headlights and within the parking lot and the parking stalls and so we addressed that concern. Rountree: Thank you Thowless: Thank you. De Weerd: I guess I did have a question on the carriage houses, which are the buildings that are the least in rock accent, because most of it's garage doors, but -- so, we did see another project recently that used different treatment in the garage doors as more their accent and can -- can you maybe bring some of that accent through the garage doors -- and I don't know, I'm still stuck on the safety of those garages and if you put windows in them, which that's for Mr. Bird. If you put windows in anything it's better; right? But you do add to the ability to see in there and that's okay if you want to answer it, rather than your representative. So, I would ask if that would be another way of accomplishing that. Thowless: Madam Mayor, if I may ask for clarification. If I understand what you're asking is whether we would be willing, instead of having a rather plain utilitarian garage door on those units, to -- De Weerd: I couldn't have said it better myself. Thowless: -- to use a more decorative garage door in a color that's complimentary to the buildings and consider the incorporation of a small amount of glass lights, so that there could be visibility into the unit if somebody was suspicions of something being in there that shouldn't. Does that summarize your concern? De Weerd: Perfectly said. Thowless: Okay. Rudeen Development would be willing to -- to do that, yes. De Weerd: Okay. Council, any other questions? Meridian City Council December 18, 2007 Page 35 of 87 Bird: I have none. De Weerd: Okay. Thowless: Thank you. De Weerd: Thank you. Titerman: Excuse me. Madam Mayor, Councilmen. Glen Titerman. We just want to thank you for your time on this issue and we trust that you will make the best decision and we leave it in your hands. Thank you very much. De Weerd: Thank you. Okay. Council, would you like to have discussion before you close the Public Hearing, just in case you might need further information? Rountree: Just in case we might need to. That would be fine. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I guess I could express some opinions on what has been presented. I think the revised elevations are a considerable improvement over what we saw before. I do understand that we asked them to present something to us that showed at least 50 percent stone work. The element that would satisfy me about this, even though they have not achieved the 50 percent stonework, it isn't that 31 percent of it is stonework and 69 percent of it is exactly the same on the rest of it. There are, within the remainder that's not architectural or accent stone, other materials that vary and so I -- they have achieved the variety that I would be looking for, even though it isn't 50 percent stone. There are varieties of articulation, varieties of materials. I'll have to admit that the Renaissance apartments at Hobble Creek are not particularly attractive to me. I think that's too much brick. So, on the one subject I'm not so stuck that we have to go all the way to 50 percent, I think they have done other things that do that variation. I like the Mayor's idea that there should be windows on the garage doors in the carriage units. I like the applicant's offer to have gables or dormers along the long roof plane of the maintenance building. Applicant has agreed that they will be the installers of the no parking signs along Goddard at their cost and as directed by ACHD. They have agreed to provide the cross -access agreements. They have provided by re -arranging the landscaping I think better screening of headlights to the north. And I do agree that -- I generally would come down on the side of saying we need to have the pathway connections and I understand the reason for them. In this particular case, I go the other way. I can see the problem with people wanting to park in front of the larger homes and just walk through the pathway and I could see that becoming a problem, who's Meridian City Council December 18, 2007 Page 36 of 87 accessing back and forth through that at what hours of the night. If it were just the purpose -- if you could limit it to just children that needed to walk toward the park, that's necessary. But the opposite problem that is presented makes me consider this an exception and I would support the idea of the applicant putting a fence across there and closing that access. I think that's my opinion on the subjects. De Weerd: Additional comment? Discussion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Looking through my pages of notes and issues and concerns and I do think that a number of the concerns that I expressed last time have been addressed. I still have a bit of concern on quality assurance and continued quality maintenance -- De Weerd: I'm sorry, your time is up. Rountree: Thank you, Madam Mayor. It's time for a break. So, that I believe is something that if we move forward with this we need to craft some language that -- that -- and possibly the -- Rudeen has language to that effect in their corporate structure. There have been some things brought up this evening, paying for the fence on the north pathway. I am a firm believer in interconnectability of neighborhoods. I'm really torn about do you have them or not in this situation. I guess I could side the way Dave did, that it not happen and we have got a commitment from Rudeen that they would fence that off. I assume in a like fence. There has been comments made about adding additional -- either dormers or dormer -like additions onto their storage building. I think that would help that particular plain building, even though there is only one and it probably is only internal to the project. I concur with the Mayor's comments about the garage doors and I think some of the garage doors we see nowadays are -- on homes are actually nicer looking than some of the homes they are on. So, I think there is a possibility to improve that particular facade. I'm a little concerned about the availability of a space underneath a rental property that could be rented to someone else that's not living space. I can see that that could created multiple problems. I'd like to hear more about that at some point in time or research more about that at some point in time to see if they really are problems, but, apparently, as the applicant has indicated, at least one of those units is usually lease -- in the lease agreement. I would say that in this particular case at least one of those units will be if it moves forward. I think a good number, if not all, with the exception of color, have been addressed as far as the design elements. The landscaping and the cross-sections helped explain to me what it was you were trying to accomplish. Thank you. One thing that was brought up at the last hearing and is not actually part of this hearing, but a part of our discussion is the concern of construction workers in a construction site management and construction equipment -- equipment and material storage and there was an indication that there would be either E Meridian City Council December 18, 2007 Page 37 of 87 Is an easement or an agreement reached on the property to the south that would accommodate that. I would certainly ask that that be included in the CUP to make sure that the construction workers, if it goes forward, would be required to park in that area and not on street in the neighborhood. I can't and apparently a previous Council did already address the density in this particular application. I think the question was asked about a right tum only on Goddard, even though you could paint and island and raise berm and median and all that sort of thing, but you can't stop it, they are public streets. Mr. Inselman is here tonight, if we want to hear about public streets. There is public safety issues with the streets, there are engineering design problems with streets, ACHD will take care of those, ACHD will do the design and engineering and operations and maintenance and City of Meridian's public safety, traffic safety commission, which ultimately would report to the City Council and it's through the police department on speeding issues. In my mind those are always issues. They are issues in everybody's neighborhoods. They are issues that every neighborhood needs to consider and it's not just the new people in the neighborhood, it's all of you here this evening and it's all of your neighbors that will either make that successful or not. So, you can engineer all you want and you can paint all you want, but it's not going to go away. I guess that's all I have to say in terms of discussion and things that I have seen and observed, heard. Madam Mayor -- and I very much appreciate the public on this particular application and process. It's tough for them and I got to tell you it's tougher for us. But the way you have approached the Council, very professionally, very open. Hopefully, we have been open and professional with you. Sometimes I get a little caustic with people, but that's me. I just want to get to the answers that satisfy my questions. But, again, all of you folks -- i don't know what the outcome's going to be, we will probably know in the next half an hour, but I appreciate the way you have handled yourself, both the citizens of Meridian and the folks that are interested in providing another housing medium for the City of Meridian. So, that's my last comment. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: First of all, I don't believe I have ever seen an applicant come back and come as close to what we have asked and I certainly appreciate that and I -- I certainly understand. I'm like Charlie, I appreciate the public coming out. They have been very professional about it and we all don't like it in our backyards, you know. I happen to be an oldtimer that's had 1,800 people here when I moved to Meridian and I have seen a lot of not in my backyard. I do think they have dressed it up. I almost wish that we could, on demand on houses, as much stone and brick as we are demanding on these people, because while a lot of homes do have a lot of brick, a lot of them don't. Or stone. So, that's up to everybody's own taste. Trafficwise, being from Old Town, we have traffic speeding problems and don't have any new developments. That all comes -- and the 0 0 Meridian City Council December 18, 2007 Page 38 of 87 more you get in, the more you're going to have. You have already got it out there and I'm sure with 171 units you're going to have a little more of it. That's what our police are for, to stop it down. But I just want to thank the public and the applicant for being so professional about getting this done and it isn't easy to sit up here and say yea or nay. But we -- I feel I have to do what I feel is best for the community as a whole. That's all I have got. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: There is not much left to say. You know, I do agree with the remarks of all three Councilmen up here and in particular praise for the public. For those that don't come every Tuesday, sometimes there is applications that come before us and we hear an applicant say -- they promised X and the public say, no, when we met they promised Y, and it seems silly, but that's a problem we are faced with a lot and this project we didn't hear that. We haven't heard that type of disagreement and allegations of dishonesty. I think Glen and Tracy in particular I applaud your efforts to work on this project on behalf of the community and those in the room. I think there has been some great improvements. Councilman Zaremba and Rountree in particular listed, quite frankly, a laundry list of improvements that when we continued this matter there was two ways this could have gone and one is could have been continued disagreement and come back fighting or some progress. So, it sounds like both parties are to be commended for the progress. You know, of the list of issues for me, the connectivity on the pathway is -- I didn't expect that to be as difficult an issue. I am really really supportive of as much connectivity in this entire city as possible. And you could argue this one either way. You really could. It's a tough one. After Councilman Zaremba's comments I envisioned asking Rudeen to install a little person with a little arm that says if you're taller than this you can't pass by. Something theme park oriented for it. As silly as that is, it's really -- that's the only thing you could do to try and keep its use for its intended purpose. So, that's a tough one. The pathway. Because I am -- I'm supportive of it, but I understand the public's concerns. I appreciate the applicant's willingness to do whatever this Council deems appropriate. So, those are my comments at the time. De Weerd: Council, I guess I just have a couple of comments and maybe, first, a question for Caleb. On the landscaping and fencing around the perimeter, is this installed before the first building permit? Hood: Madam Mayor, Council members, I had that up. Let me pull that condition up to see exactly how that's worded currently, based on the Planning and Zoning Commission's conditions. De Weerd: Okay. And I guess just a point to reaffirm something I said last -- earlier this month. And that was regarding the circulation and the number of buildings before 0 w Meridian City Council December 18, 2007 Page 39 of 87 another access was put in and I know the fire department has agreed that an emergency access on Goddard -- or Goddard, whatever it's called -- is sufficient. I think we need to look at that as a city, because I disagree and I'm not the fire official, but it does concern me the emergency access is on the same road as the primary and that we don't have any restriction for another access on a different road when you look at the number of buildings and the number of units that are going to go in there. That is a concern to me and I would like to see a requirement that there is another access through one of the stubs to the south, but I don't think -- well, Council can do that if they deem it possible, but that is a concern. And the last piece is also something I brought up at the last one. We did asked the ACHD to make comment on the improvements in that area of the intersections at McMillan and Linder and the intersection improvement at McMillan and Ten Mile. I do think there needs to be a coordination of the timing of those improvements, because they are in the near future and occupancy of these apartments. So, I will limit my own comments to just those for your consideration as you look to approve this and it looks like Caleb has found it. Hood: Yeah. Madam Mayor, Members of the Council, if you -- I don't know if you can see that or not. I'll read it to you. It's condition 1.1.20 and it does say prior to obtaining the first certificate of occupancy all landscaping along the north and west property lines shall be installed. And, then, it goes on. Prior to obtaining any occupancy for any building, all development improvements, such as irrigation, parking and landscaping shall be installed on that building site. So, basically, the perimeter stuff needs to be in before the first occupancy, then, the landscaping and parking and such around each building needs to be in before that particular building receives a certificate of occupancy. De Weerd: Okay. Thank you, Caleb. Okay. Council, any additional information or discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing none, I move we close the Public Hearing on AP 07-009. Rountree: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on this. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? 0 0 Meridian City Council December 18, 2007 Page 40 of 87 De Weerd: Mr. Rountree. Rountree: If I might ask counsel for general information. What -- what form of motion are we -- we would either reject the Conditional Use Permit. We would accept the Planning and Zoning's conditions. We would create new conditions or we would modify Planning and Zoning conditions. Am I right on all of those? Nary: Councilmember Rountree, you're right on all of those. Rountree: Okay. Nary: The Council's decision point now -- this was an appeal of the Planning and Zoning -- or, excuse me, a review of the Planning and Zoning, so the Conditional Use Permit is in front of you. The option of this Council is to move to approve with the conditions as were presented by Planning and Zoning and the staff, to move for approval with the conditions modified as you wish, based on the testimony that you received both tonight and at the prior hearing in front of you. Or move to deny with direction to the applicant as to what conditions they just need to be approved. So, you have three choices. De Weerd: You guys are better at waiting than I am. Is there any additional information needed or -- Zaremba: I believe we are waiting for Councilman Rountree to take the stab at it. Rountree: I'm stabbing away. Just give me a minute. Zaremba: You can't see it, but he's furiously making notes. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Conditional Use Permit conditions made by Planning and Zoning with modifications specific to the commitments made by Rudeen, comments made by Council and staff addressing the concerns of the citizens and on those areas that there has not been a decision, that the Council not require the connection of the north pathway and that would be -- that pathway from Wapoot Street would be fenced at the expense of Rudeen. The modification of the roof elevation for the Building H, I believe is its moniker -- Building H to add either a dormer or alterations to the gable as discussed with the neighborhood. That the CUP require off-site parking and storage of construction materials and equipment in -- for parking to the south of this site. The removing of the stricken portion of the landscape requirement and putting back in the findings -- or the permit the requirement of a three inch caliper material. And that the applicant provide staff its business plan, its maintenance guidelines, and assurance • Meridian City Council December 18, 2007 Page 41 of 87 that there will be an on-site -- that there will be an on-site presence, not necessarily living, but presence of facilities operation staff and facilities maintenance staff at least six days a week. That the ground level garage -- one ground level garage unit below the carriage house will be part of the lease to the upper level carriage home. Madam Mayor, I believe everything else that we discussed was agreed to, so that would be part of the first part of my motion, so -- Bird: Mr. Rountree, before I second this, the date of the elevations that we are going on is December 7th, 2007, am I not right? Rountree: That's the correct date on the elevations and that those elevations need to be included as part of a Conditional Use Permit. Bird: Okay. I will second it, then. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Discussion. I did not hear the addition of -- or requirement of windows on the garage doors on the carriage units. Rountree: I believe we had testimony to the effect that that will be done. That was part of my motion. De Weerd: Okay. Any additional discussion? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Council Members, Councilmember Rountree, the -- Madam Mayor had brought up the intersection improvements and that was discussed at the prior hearing. Is that part of your motion? I don't believe those were part of the staffs recommendation, so I didn't know if you wanted that included or not. Rountree: Madam Mayor, I would -- I would add to my motion that staff work with the fire department to establish the maximum number of units that could be occupied before an established secondary access to the south is created. As far as the intersection improvements, those are already agreed to by other applicants and Ada County Highway District, so I don't make that part of my motion. Bird: Second agrees. 0 0 Meridian City Council December 18, 2007 Page 42 of 87 De Weerd: Okay. Anything further from Council? Okay. Mr. Beg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Council, I'll call a ten minute recess. (Recess.) Item 9: Public Hearing: CPA 07-012 Request for an amendment to the Comprehensive Plan Future Land Use Map to change the land use designation from Low Density Residential to Commercial for Strada Bellissima Commercial by Strada Bellissima Commercial, LLC — NWC of Meridian Road and Victory Road at 114 and 156 West Victory Road (Lots 2 & 3, Block 2, Strada Bellissima No. 1 Subdivision): Item 10: Public Hearing: RZ 07-013 Request for a Rezone of 1.76 acres from L -O to C -N zone for Strada Bellissima Commercial by Strada Bellissima Commercial, LLC — NWC of Meridian Road and Victory Road at 114 and 156 West Victory Road (Lots 2 & 3, Block 2, Strada Bellissima No. 1 Subdivision): De Weerd: Okay. I'll go ahead and continue the meeting tonight. Our next public hearings are Items 9 and 10 on CPA 07-012 and RZ 07-013. 1 will open these two public hearings with staff comments. Hood: Thank you, Madam Mayor and Members of the Council. The subject 1.76 acre site is located on the north side of Victory Road just west of Meridian Road. The property is currently zoned L -O and designated for low density residential on the future land use map, which you can see on this map, which is our Comp Plan currently. This property, as well as the surrounding properties are all designated low density residential and that is, as you mentioned earlier, one of the applications the applicant is seeking to change their designation. Here is the zoning map for the subject site. The site is currently zoned L -O, as I mentioned, as well as the frontage lots along Meridian Road there in the Strada Bellissima project and those lots are developing out with office, professional office space. I believe they are a little more than half built right now. There is -- they continue to pull building permits through the city. The other adjacent land uses are primarily single family homes in Strada Bellissima in various phases. Phase one is to the north. To the south there are some vacant properties and some properties that have homes in the county. You see the white properties, they are still Ada county and have not been annexed into the city. To the east across Meridian Road is Double D and the Emerson Park project, which those findings were on earlier tonight. Again, the applications are a Comprehensive Plan map amendment to change the future land use i Meridian City Council December 18, 2007 Page 43 of 87 0 designation from low density residential to commercial and a concurrent rezone request from L -O to CA which is our neighborhood business district. The applicant is requesting the rezone to allow retail and restaurant uses on this site. Just a little bit of history on this site and how we got to where are we now. In 2004 the City Council granted approval for the annexation and zoning of approximately 44 acres to R-4 and L- O. There is a preliminary plat associated with that in 2004, as well for 90 residential lots and 14 office lots and a Conditional Use Permit for a mixed use planned development. In 2006 the City Council approved the annexation and zoning of .43 acres L -O for an out -parcel, which is a portion of the subject site. You can kind of see on this map -- and let's if I can hold this pointer straight enough -- this .43 acres was an out -parcel that was never part of the original Strada Bellissima project that was annexed, again, a couple of years later. The office uses that were approved along here were part of the 20 percent use exception that the city used to use to allow land uses that weren't consistent with the Comprehensive Plan. Similar to the Selway project. So, the city does not do that anymore, but that's how those offices got there, when, in fact, it's shown for low density on our land use map. The access into the site will be provided from a local street, Galvani Drive. No access is permitted onto Victory Road and none is proposed. All internal streets and access points are already constructed for the subject property. On November 1st the Planning and Zoning Commission voted to recommend approval of the subject applications. The applicant testified in favor of. We did not have any opposition in testimony or written testimony at that hearing and the key issues of discussion were the potential for a drive-thru establishment to go into the site and, then, impact that that could have on the surrounding neighborhood. We did note to the Commission at that time and I'll note to the Council as well, that with the requested zoning a drive-thru could not be a principally permitted use in the requested zone. If they were to want to put a drive-thru in, that would need to go through the Conditional Use Permit process and would require another hearing. I don't think they would probably do that, because they have heard negatives since day one about putting a driveway -- or drive-thru restaurant even a drive-thru business on this site. But just so you're aware, that would require another Public Hearing should they go that direction. There were no key changes to staff recommendation at the Commission hearing and I have not received any additional written testimony since that hearing. However, Bill Parsons, who was the assigned planner on this project, has had a couple people call him on the phone and I believe one came into the office and inquired about this project. So, I believe that they are mainly concerned about the potential for the commercial uses and increased traffic in the neighborhood. With that I will stand for any questions that you may have. The staff and the Commission are recommending approval. De Weerd: Thank you, Caleb. Any questions at this point, Council? Bird: I don't, Mayor. De Weerd: Okay. Is the applicant here? E Meridian City Council December 18, 2007 Page 44 of 87 0 Crawford: Madam Mayor, Council. My name is Michael Crawford with Pinnacle Engineers, 12552 West Executive Drive. We have read through the report, staff report, and understand and agree with it. We do not have any current applications in, it's merely we are looking at some marketing possibilities, so we are -- is why we are looking for the zoning change to have some different uses available for that. Yes, we do very well understand the drive-thru question and that probably won't be a problem at all. Again, there is no specific request that we have at this point in time. We don't have a specific customer for it, just looking at different marketing possibilities with it. I'd stand for questions. De Weerd: Okay. Thank you. Council, any questions? Bird: I have none. Rountree: I have none at this point. De Weerd: Okay. Thank you. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Gardner: My name is Nathan Gardner. I live at 3041 South Alfani Way in Strada Bellissima Subdivision. And, again, I just would like to point out that most of the lots -- well, I shouldn't say -- a significant number of the lots are not built at this time and so I'm certain that if there were lots there in there, there would be a lot more against this than have signed up. I think there is a significant portion of actual residents that have signed against this proposal. We moved to our home a little less than a year ago on South Alfani Way and it's a significant investment for us. We got a lot of money tied up into our home. We -- it's a lot bigger than our previous home and before we chose to move there we -- my wife called Planning and Zoning to see what -- what uses could -- were available -- or could be put into this area. And we would not have bought our home if it would have been changed. The land use designation would have been changed from low density residential to commercial and the zoning would have been C -N. So, I heard the applicant say that there -- this is going to help them marketingwise and I can understand that, but their gain is my loss, because I think that's going to hurt my property value and my home, which is a significant investment for me. So, that's one of the reasons why I'm against it. And I will try to be brief as well, but the most important reason and the reason near and dear to my heart, I guess, why I'm against this proposal, is I do believe it will increase traffic, there is -- just on our end of the street there is probably 20 kids. They are good friends. They are out playing in the yards all the time and I think this is going to increase traffic not only during the day, but in the evening hours, as well as noise. And that's -- safety is a big issue for me and my family. And, oh, my wife also wrote her comments. She couldn't come tonight,so I'll give those to -- De Weerd: Thank you. Yes. 0 0 Meridian City Council December 18, 2007 Page 45 of 87 Gunsweiller: Madam Mayor and City Councilmen. One of the biggest -- De Weerd: If you will, please, state your name and address for the record. Gunsweiller: Kelly Gunsweiller, 2989 South Alfani Way in Meridian. 83642. De Weerd: Thank you. Gunsweiller: Thank you for hearing me tonight. The biggest issue with this is really the point of access. I mean, one, we definitely do not want retail in the neighborhood at all. But the point of access is -- I don't know -- there are just lots of issues and I think the planning -- and I don't know how -- how this has happened, but there is a church here that has no point of access but strictly through this road right here. What is it? Maestra. So, we now have all church traffic coming up into our neighborhood and -- I'm shaking. sorry. But there is no -- so, there is discussion that people getting out of church will not be able to make a right-hand turn or a left-hand tum at Meridian. So, now the church is forcing all of the traffic straight down Alfani Way out here to tum at the light at Victory and Meridian. So, there is a ton of increased traffic already here, which was not planned. There is no point of access for the church. I don't know what -- there is another subdivision going in here. I don't know the point of access, but now all these people are now going to have to come in through our subdivision to get to this retail. So, Alfani Way has now turned into another main street between the two points on either side and it's just -- it's just getting crazy and the children and everything on the street and it's just insanity Sunday. Let along with soccer practice, they are saying having it at the church and it just -- there needs to be some access points or something. The retail, the drive- thu, all that is -- it's just -- it's inappropriate for the number of homes. De Weerd: Thank you. Gunsweiller: Thank you. James: Kathy James. 2825 South Garibaldi. Basically I want to say that I agree with both the two previous testimonies that were given. Right now if you allow this change -- the reason the developer has said that he wants to make this change is to give him more opportunities for -- I assume leasing. But if you make a zoning change, the zoning is there in perpetuity, whereas the real estate market, by and large, because I used to be in it, is cyclical. It will come back. He may have to wait, but that is something that he, as a developer, should know ahead of time. In addition, my husband and I feel the same way as the Gardners, that we would not have bought in this subdivision had we known that something commercial was going in. We did know about the office designation. That was perfectly fine. The developer, I think, is in a sense trying to do a bait and switch, because right now the homeowners association, to the best of my knowledge, has -- is not in full operation. I believe the developer is still the declarant. And the • 0 Meridian City Council December 18, 2007 Page 46 of 87 notification that was given to the people in the subdivision was only the official 300 feet around and, yes, because we aren't a completed subdivision, a lot of the lots are still undeveloped -- I mean unbuilt on and, yes, that has impacted the number of people who knew that this was moving forward to voice their objections. Lastly, the traffic is a huge impact. In addition to the church, which is being funneled into -- down Alfani to Victory, we right now have them not only parking in the church parking lot, but they are already parking in the office area just off of Maestra on the north side and the -- now that the development Shepherd Creek has gone forward, we are finding -- we live on Garibaldi, we are finding that people from Bear Creek are using Garibaldi now to come up to get to Victory or to get to Meridian Road, both Garibaldi and also through Orso. So, we are to the point where the traffic is really -- everything is being funneled through our little subdivision, so my -- what I wish is that this can be completely denied and left as it originally was proposed. Thank you. De Weerd: Thank you. Bingham: Julie Bingham. 3007 South Alfani Way. I, too, live on Alfani. We are the third house in from this proposed change. I have five small children of my own. I'm very concerned and I think that the developer would be wise to not. He's heard testimony now from everybody saying that if they would known that it was commercial, that they would not have bought in here. I think you're going to have a really hard time to sell the rest of the lots that are not sold yet. They are trying to sell them, but to change that to commercial would really be a detriment, I think, because nobody would buy in there with children, which I think that with the park -- there is a park in our neighborhood. Families were looking for something to become a tight close community and have their children come out and play and with the increased traffic I think that that will be a real detriment to our neighborhood and to our children and like was said, there are about 22 children within about nine houses and that's not including around the comer where there are more. So, I would like to make my statement to oppose changing that zoning. Thank you. De Weerd: Thank you. Steves: Madam Mayor -- oh, I'm Kelly Steves at 3058 South Alfani Way. Madam Mayor and City Council members, I live within that 300 foot supposed area where we should have been notified. This -- if it wasn't for Shannon Gardner's letter, I would still know nothing about this. I haven't received anything from the City of Meridian on this. Maybe I fell through the loophole, like a project did earlier tonight on -- on an end. I don't know -- I don't know the proper procedure for this, but does Ada -- do you guys know what the traffic count is for Ada county to access an approach -- a couple approaches for the church? Because what I have heard from the church was they wanted four accesses off their parking lot onto Meridian Road and Ada county denied that. Is this the time to ask that question or not? Meridian City Council December 18, 2007 Page 47 of 87 Rountree: It's not Ada county's road. De Weerd: Yeah. It's ITD. Steves: It's ITD's? De Weerd: Uh-huh. Steves: Okay. De Weerd: And, yes, they -- Steves: So, that's the -- I guess that's the history that I have gotten from the church. So, the church opens up. There was a guy standing on the comer of Maestra directing traffic right up South Alfani, right up through the houses, close accidents, and it was just kind of a circus. But just solid bumper to bumper cars. We did receive a letter from the church stating that there were -- they apologized for the amount of traffic going up the street, because the first Sunday at church being open they had over a thousand parishioners and like this man said, the overflow parking -- their parking lot isn't even big enough for the amount parishioners there. They are parking in the business, parking in behind the house. That's another time, but it's -- the parking lot isn't big enough. I'm sure there is a fire code or something -- some sort of safety issue is being violated there. Not definitely. But the parking lot isn't big enough for how many people are in there going to church, unless everybody, including kids, are driving their vehicles. A lot more traffic. If this were to go -- I strongly am opposed to any sort of commercial property in behind the house. Grew up in a real small town in Wyoming, moved to the big city here, and I don't want it my backyard. Thank you very much. De Weerd: Thank you. Is there any further testimony? Okay. Would the developer like to have the final word? Crawford: Pardon me. It certainly won't be the final word. Mike Crawford again with Pinnacle Engineers, 12552 West Executive. I'm a little caught off guard and I apologize for that. Through the previous Public Hearing and neighborhood notifications and so forth we had no response, so I'm a little caught off on some of these issues. Number one, we had no idea that another property was funneling their traffic through our subdivisions and we will be finding out about that real quickly. I think maybe there is a little misunderstanding about the type of commercial that we are looking at. This C -N designation is a neighborhood commercial. We're talking about a small mom and pop type store, we are not looking at putting in a Wal-Mart or something. But, actually, we -- one of the things we had envisioned was that would be something that would serve the neighborhood, Bear Creek and Strada Bellissima and be a place where they could potentially shop and cut down traffic, looking at pulling in traffic from everywhere else. Again, with the neighborhood commercial. Again, there is no specific commercial entity Meridian City Council December 18, 2007 Page 48 of 87 we have right now that's applied and we would be going through another Public Hearing process involved in taking out that application, right, Caleb? De Weerd: Is there another active application? Crawford: No. I mean if -- if we did have a client on a commercial project come in, even if we had the C -N designation, we would still be looking at public hearings when we applied for that. De Weerd: No. Once it's permitted -- unless it falls under the category of -- it would have to be under a conditional use, but once it's rezoned it is permitted. Crawford: Okay. That's all I have. De Weerd: Okay. Council, questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Caleb, could you run through quickly the potential uses that would be covered by a C -N. Hood: You mean like principally permitted, conditionally allowed, or both or -- I can do principally permitted first and, then, conditional allowed. Rountree: Please. Crawford: Okay. So, in the requested C -N principally permitted uses are an animal care facility, so a vet clinic. An artist studio. Arts, entertainment, or recreation facility indoors. A church. Day care. Health care or social service. Information industry. Laundromat. Park. Professional office or professional services. So, spa or something of the like. Public or quasi -public use. Public utility minor. Restaurant. Retail store. And wireless communication facility. Some of those do have specific use standards, too, associated with them, like the wireless. They can just put up a cell tower. There is certain general requirements that they need to meet. Now, conditionally allowed uses include arts, entertainment, or recreation facility outdoors. Building material, garden equipment and supplies. Civic, social or fraternal organizations. A drive-thru establishment. A private education institution. A public education institution. A fuel sales facility. A gas station. A hotel, motel. Mortuary. Nursery or urban farm. Nursing or residential care facility. Public parking facility. Parks, public and private. I'm song, that was principally permitted. Public infrastructure. Vehicle washing facility. A vertically integrated residential product. That's it. 0 Meridian City Council December 18, 2007 Page 49 of 87 Rountree: Thank you. De Weerd: Any further questions? Rountree: I have none. Thank you. Bird: I have none. De Weerd: Anyone else? Okay. Crawford: One other comment I would like to make is that the lots -- the little half round dome, if you will, was an out -parcel that we are bringing in and incorporating it into those two lots. So, the lots are staying basically the same size as they are now and we realize that whatever business we are looking at, we do have some restrictions in terms of the amount of parking that is available. So, again, we are not looking for a major retail usage, but a smaller neighborhood usage. De Weerd: Okay. Caleb, I guess I would have a question of you on -- if this was rezoned, is there a building size restriction. I know total square footage there is, but is that by building? Hood: Madam Mayor, Members of the Council -- excuse me, I'm trying to get over a cold, too, so my throat is a little bit dry, obviously, but, yeah, in that requested zone there is a maximum 6,000 square foot building without -- before we have to go through our design review process. So, you could potentially construct a larger building than that. However, this is only a 1.6, 1 think, acre site. It's fairly small. I could see maybe a couple of sites -- maybe a couple of users going on there, but, again, nothing in the neighborhood of Wal-Mart or big box or anything like that. Once you have parking, landscaping, it just won't accommodate it at this scale. De Weerd: Well, your list was kind of intimidating. Hood: And they don't take into account size of property. So, obviously, a Home Depot, something that would be, you know, conditionally allowed, is not going to fit on there. De Weerd: Okay. Thank you. Thank you, sir. Crawford: Thank you. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Meridian City Council December 18, 2007 Page 50 of 87 Zaremba: I guess another question for Mr. Hood and that is it's currently zoned L -O, which means there cannot be residential on this property now. Is that correct? Hood: Madam Mayor, Commissioner Zaremba, I believe with a Conditional Use Permit they could actually put in multi -family on the site in the existing L -O zone, but that would require a Conditional Use Permit. But single family is not allowed in L -O. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Caleb, I'm going to keep you talking. I'm song you're not feeling well and we keep asking you questions. In the pre -application meeting notes there is a comment -- and it doesn't make reference to which planning staff member made it, but I'll read it and see if you can flush it out a little bit for us. It talks about the original L -O zone for this -- for this property and the sentence is the L -O is justified to buffer the residential in Strada from highway. C -N is higher intense use and there will be nothing to buffer residential from commercial. Can you elaborate on that a little bit, at least with regards to the original intent on the L -O and -- it sounds like the C -N is -- removes the buffer that we intended this to serve. Hood: Yeah. Madam Mayor, Commissioner Borton -- Councilmember Borton, the L -O zone is, you know, intended for light office. A lesser intense non-residential use and when this was approved I was just actually starting on with Meridian planning at the time and like I mentioned earlier, it was approved as a 20 percent use exception and quite common today we do use L -O as kind of that transitional zone between either higher intensity commercial or highway. Sticking single family residences up to a highway doesn't make much sense either, so you kind of use that as your buffer, if you will, between uses. And in that pre -application meeting staff wasn't overly supportive of the applicant's request and we saw this being quite the change. I mean another step up in intensity being this close to residential. So, at that point in time we hadn't made our -- we hadn't formulated our full recommendation and were kind of on the fence about, you know, this is going to take some work on your part to convince us that this is in the best interest of the city. So, I believe that's where that comment's going. Now, some things have come into -- that we have to account for today are if you look at it -- and I'm sorry I don't have something that goes in a little bit closer, we have roads on three sides. You have got Victory Road here, you have got -- and this name escapes me of this road here and you have got Alfani and here. So, really, there aren't any residential directly abutting this site anyway, so the -- any landscape buffering is going to be the same regardless of use that goes in here. So, that aspect of it really hasn't changed. And, then, to kind of take that a step further, we have four zoning classifications, I'm sure you all know that, but maybe for the general public. L -O is our least intense. The next step up is C -N. We have two more that are more intense that than. This is the next step up. It's not -- it's not C -C and it's not C -D, which is our most intense commercial and staff -- 0 Meridian City Council December 18, 2007 Page 51 of 87 you know, this wasn't an easy recommendation for us, but it does seem to make sense and looking at the services that are out there now and what may be the oversupply of office, maybe a restaurant could be a good fit here if they can market it and find someone that works and we looked again at the scale of this one and a half acres. What could they do? Yeah, they could technically put in a Wal-Mart there with a Conditional Use Permit, but we didn't see that being feasible. I think the market will kind of control what -- at least from staff we thought that the market would control and it would be something smaller scale neighborhood serving. Borton: Okay. Thank you, Caleb. De Weerd: Okay. Any other questions, Council? Rountree: I have none. Bird: I have none, Madam Mayor. De Weerd: Okay. If there is no further questions, what would you like to do? Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we close the public hearings on Item No 9 and Item No. 10 for Strada Bellissima. Bird: Second. Borton: Second. De Weerd: Okay. I have a motion to close Items 9 and 10. All those in favor say aye. All ayes, motion carries. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I'll stick my foot in, I guess, to begin with. I would have to say that I'm in favor of the Comprehensive Plan amendment. When this project came forward I was on the Planning and Zoning Commission and we felt that it -- with the future of Meridian Road, which doesn't look it even yet, but some day will be carrying the kind of traffic that Eagle Road does, we felt it wasn't appropriate to have residences on Meridian Road or for 0 • Meridian City Council December 18, 2007 Page 52 of 87 them to have access to Meridian Road in the way that residences would. At the time -- I'll call it archaic, but at the time the process that Mr. Hood mentioned of having a 20 percent use exception, when this entire subdivision came in and not just this subdivision, it was common in other planned developments, the 20 percent use exception meant that even though in many cases retained underlying zone or retained the Comprehensive Plan zone, a different use was permitted. In this case it did happen to get zoned to the L -O zone and even though the Comprehensive Plan was not changed, it still showed that the entire project was a residential project, the use exception allowed this portion of it to be zoned L -O. The project that we talked about before this, the Selway Apartments, fell into the same kind of a gap and, unfortunately, when -- when residents go to do research on a property that went through the old system, it's difficult to discover that there was a use exception. One of the first things that our director did when she came on board was to change that process, so that we don't do it that way anymore, we do zone them to what the intended use is. So, I think we have fixed that on a going forward basis, but I have the feeling there shouldn't be that many of them left out there and at some point somebody needs to go looking for them on the staff and get them changed, so the zone -- so that we don't keep having a hidden use that it's difficult for people to discover. So, where I was go with that is I do agree with the Comprehensive Plan amendment, because that, actually, identifies the property as the use that has already been approved for it. Whether or not I would change it from L -O to C -N, I could go either way on that. When it originally came through I was happy with the L -O. I suppose I could be talked into the either one. De Weerd: Thank you. Any additional comments from Council? Bird: I have none. Rountree: I have none. Do you want to take a run at it? Zaremba: All right. Madam Mayor, I move that we approve CPA 07-012 regarding Strada Bellissima commercial to include all staff comments. Rountree: Madam Mayor, I'll second that for discussion. De Weerd: Okay. I have a motion and a second to approve Item 9. Discussion? Hood: Madam Mayor, before you go into discussion, if I may, I may have been hacking up a lung over here, but I believe the Public Hearing is still open, unless I missed that, so -- Bird: Yeah. We did close it. Yeah. Charlie did. De Weerd: I thought we closed it. • 0 Meridian City Council December 18, 2007 Page 53 of 87 Hood: I may have just missed it. De Weerd: I thought I was losing it. Rountree: It's your cold, Caleb. It's the cold. De Weerd: You know, Council, I guess I understand the buffering of the office, but with the configuration and the odd topography in that area, I do believe that the light office is lower intensity use and is appropriate as that transition. It does have some traffic challenges in that area and to increase it, I -- it will be complicated and it's not that far away from the intersection, you're not going to get a light there, so I would be concerned about the increase in traffic because of the commercial designation. Light office has a lesser impact. Zaremba: Madam Mayor? De Weerd: That's my two cents worth. Yes, Mr. Zaremba. Zaremba: I could easily agree with you. That, however, is my next motion. I only made it -- I purposely separated them. I only made the motion on the Comprehensive Plan amendment. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I can agree with where Councilman Zaremba is going, but I would suggest that to change from low density residential, which is shown on the map, to commercial L -O designation on that particular item and that address the rezoning as no change, which would be Item 10. Zaremba: If I understood that correctly, Madam Mayor and Councilman Rountree, you would wish to add to the motion, not just changing the designation from low density residential to commercial, but changing it to commercial, specifically L -O on the Comprehensive Plan. Rountree: Because that's how it's zoned already. Zaremba: The maker of the motion will accept that. Will make that change. Although I'm not sure we do that on -- Rountree: Do we have a color that does that? Zaremba: -- we don't actually specify zoning. 0 Meridian City council December 18, 2007 Page 54 of 87 • Hood: Madam Mayor, Members of the Council, if I may, we have an actual purple designation that is for office, so that makes it a lot easier than doing it commercial and, then, calling it office. We do have a land use designation. Rountree: So, let's just call it office, so we don't get the item yet confused again. Zaremba: All right. The maker of the motion would change CPA 07-012 to approve the change of land use designation on the map from low density residential -- why can't I say that -- low density residential to office uses. Rountree: Second. De Weerd: Okay. We already had a motion out there. Rountree: He amended his motion. Zaremba: I was modifying the motion. De Weerd: Oh. Okay. And -- Rountree: I agree with him -- De Weerd: -- second agrees. Okay. Zaremba: I can start from scratch and restate the motion. De Weerd: Thank you for the clarification on your first motion. Zaremba: Okay. Madam Mayor -- De Weerd: No. You're good. Does everyone know what the motion is? More importantly does the attorney. Nary: Absolutely. Zaremba: I would be happy to restate it from scratch if that's desirable. De Weerd: I think that would be great. Zaremba: Okay. Madam Mayor, my motion is that we approve CPA 07-012 relating to Strada Bellissima commercial, to include all staff comments with the one change and that change is that we are approving the change of land use designation on the map from low density residential to office uses. • 0 Meridian City Council December 18, 2007 Page 55 of 87 Rountree: Second. De Weerd: Okay. Is there any discussion? Hearing none, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 10. Yes, Mr. Zaremba. Zaremba: I would move that we deny Item 10, RZ 07-013, the request to change the zone from L -O to C -N and to reaffirm that it should remain L -O. Rountree: Second. De Weerd: Okay. I have a motion and a second to deny Item No. 10. Discussion, Council? Seeing none, Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: CPA 07-011 Request for a Comprehensive Plan Amendment to modify the Future Land Use Map to change the land use designation on 38.7 acres from Medium Density Residential to Mixed Use Community to include Office / Retail, Private School and Patio Homes for Dean Property by David J. Dean — 6380 North Locust Grove Road (southeast Comer of North Locust Grove and East Chinden): Item 12: Public Hearing: 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 13: Public Hearing: PP 07-021 Request for Preliminary Plat approval of 54 lots including: 33 residential lots, 11 commercial lots and 10 common lots on 40.4 acres in the proposed C -C, R-8 and R-2 zoning districts for Three Corners by David Dean — 6380 North Locust Grove Road: De Weerd: Thank you. Okay. Items 11, 12 and 13 are related. Mr. Nary, would I open them all at the same time? Nary: Yes, Madam Mayor, as long as the Council acts on Item 11 prior to the others. • Meridian City Council December 18, 2007 Page 56 of 87 0 De Weerd: Okay. So, I will open up the public hearings on Items CPA 07-011, AZ 07- 017 and PP 07-021 with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. The subject applications before you are three. The first one, the Comprehensive Plan amendment, does cavy a different name than the other two, the development applications, but they all are going to be presented simultaneously as legal counsel just mentioned, if you could act on the CPA first before acting on the annexation and plat, that would be appreciated. So, the subject site is located at 6380 North Locust Grove Road. It's approximately 40 acres in size and it's currently zoned RUT in Ada county. Now, this map shows the current future land use map designation and that is medium density residential, which is our yellow designation. There is a -- just as a point of reference, there is the purple L -O right there. Anyways, my pointer went out. But that's what it will look like at Strada Bellissima, so -- and this is a current existing designation for the subject site. To the north of the site are single family residential homes in Banbury No. 6. That is within the City of Eagle. To the south are single family residences in Dunwoody Subdivision. That's currently -- all of those lots are in Ada county. To the west is a church site and Central Academy High School. Those are also county zoned. And to the east are single family residential, Fuller Ranchette Subdivision zoned R-1 in Ada county. So, you can see there is a small piece of the property that does have city limits -- Meridian city limits adjacent to it in the southwest comer there, that's where the -- the school is, the school site is. The rest of the properties are in other jurisdictions. The applications are an annexation and zoning and preliminary plat and an alternative compliance request for commercial street landscaping. And there is the aerial view -- just cruise right through that one. The applicant is requesting to amend the future land use map of the Comprehensive Plan from medium density to mixed use community. The subject site is expected to develop with a private school, commercial uses along Chinden Boulevard, and patio homes and estate lots adjacent to the proposed commercial development. The proposed residential portion of the development will transition from higher density residential patio homes located internally, to approximately three-quarter acre estate lots adjacent to the existing county subdivisions that contain the larger lots. So, let me kind of orient you a little bit here. Locust Grove, Chinden. Their main access is here. There is a nice median in the middle and they have continued that streetscape through their main boulevard here. That's what the alternative request is for, by the way. These buildings are pulled closer to the sidewalks and in commercial -- along commercial streets we require there be a ten foot wide landscape buffer. What they have done is, essentially, take that landscape buffer that would be required in front of the buildings and move it to the center of the street. Staff likes that. It does kind of have a new urbanism look -- new urbanist look and you can -- the front doors for these buildings will be over here. Pedestrian -- it's very pedestrian friendly. It helps with the architecture being two, three, and four sided buildings. So, we really were supportive of that -- that requested alternative compliance request. So, let me jump back to overall. So, here is the main entrance. There is a pad site located up in the comer of Chinden and Locust Grove. I • Meridian City Council December 18, 2007 Page 57 of 87 mean you have office and retail pads kind of shown throughout the rest of this -- the remainder portion on the north side -- on the north side of that entry road. Then you have a patio home complex around this — this loop road here. And I'll get to some elevations of those in a second, as well as some elevations for the retail component. And, then, you have got about three-quarter acre size lots that is a good portion of this project. And, again, those are adjacent to the Dunwoody and Fuller Ranchettes that are typically one, two, and three acre size lots. So, it's a pretty good transition from those. And, then, here is your future private school site. There are -- I'm going to go to the next exhibit. There are 33 non-residential -- or 33 residential lots. There are 11 nonresidential lots. That equates to 44 total building lots. And ten common lots. The preliminary plat shows the full access driveway on Locust Grove Road for the school site. So, I pointed out the main entrance. There is also a curb cut for the private school shown here and, then, they will have another access up here and I have another site plan that I can kind of show as an inset for what that's going to look like. The applicant — the public street is located 240 feet south of Chinden Boulevard. No direct lot access to Chinden is proposed. And I don't get to say that very often, if you want to commend the applicant on that, they haven't proposed any access to Chinden. The internal public streets are all public. There is approximately 40 percent of the commercial and future school site that will be landscaped. Of course, the majority of that 40 percent is for ball fields and your landscape buffers, but 40 percent of the site dedicated to landscaping. There will be 35 foot landscape buffers along Locust Grove and Chinden. And in the residential portion of the development the applicant is providing 13 percent open space, so that exceeds our minimum of ten percent for residential subdivisions. Here is the landscape plan that I mentioned. You can see it's pretty densely populated along the streets with trees, as well as the landscape buffer along Chinden and Locust Grove. Let's see. There is a -- some sewer and water, I believe, are coming up along this way. I'll maybe let the applicant talk about that if you have any questions. Here is the conceptual or anticipated phasing plan. I know they are itching to get going on the private school. I anticipate we will see that application, assuming this gets approved here tonight. By the way, here is the inset school site that I talked about previously. So, again, there is that driveway coming directly off of Locust Grove and here is one off of their internal public street. I do have some elevations that I'll show you, too, but I just wanted to show you how their building layout, parking lot, play fields kind of orient on that site and, then, I'm going to jump to the elevations, if you all have that. So, here's kind of a bird's eye view and, then, here are the office elevations and I can run through elevations as slowly or as quickly as you'd like. I think I'll probably jump through them pretty quickly and if you have questions, I'll go back. Here are the patio home elevations. So, again, this is internal to the site. I don't recall exactly how many lots were the townhouse variety or how many were the three-quarter acre variety. I can maybe find that information and follow up if you -- they do list construction materials. We have tied that -- tied them to those in the development agreement and I'll touch on that opposite in just a second. So, let's do that right now. So, the proposed development requirements -- there are several. I'm going to touch on just a few that I think are the biggest ones. We have our standard ones about hooking up to sewer and water and those types of things. We are requiring a minimum Meridian City Council December 18, 2007 Page 58 of 87 of eight buildings, with no one building exceeding 33,600 square feet in the commercial section. And there is a cap on the maximum allowed nonresidential in this project to not exceed 100,000 square feet. So, regardless of -- you know, so you take the cumulative of all these buildings and that can exceed 100,000 square feet is what staff is proposing in the development agreement. They are required to provide the amenities as shown, including the picnic shelters and barbecues, entry features, a common pathway along the perimeter and throughout the development and an additional -- additional plaza area within the commercial portion of the development, to include sitting benches and water feature. Windows, awnings, or arcades totaling at least 30 percent of the length of a 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. A commercial building design shall incorporate at least two changes in color, texture, and material. The roof line shall demonstrate two or more of the following: Overhang eaves, swept roofs, two or more roof planes, varying parapet heights, and comaces. And, then, we did require them to clearly define the front entrances of the buildings with some architectural overhangs over the doors, some relieve if it's raining, things like that that call people to the front door. On November 1st the Commission acted on the Comprehensive Plan aspect this report -- or this application. And, then, two weeks later on November 15 they acted on the annexation and preliminary plat aspect of this development. At the Public Hearing the applicant testified in favor and John and Patricia Greiger also testified in favor. There were no -- there was no testimony in opposition or any commenting and didn't receive any written testimony. The key issues discussed by the Commission were the width of the proposed center medians and those have grown I think a foot since what was proposed earlier. I think they went from eight to nine or from eight to ten, right around there. And, then, there was a question about -- there is a bam out here and it's a real nice bam. It's associated with the house that's off site in Dunwoody Subdivision. And staff doesn't necessarily have a problem with the bam staying and, in fact, the Planning and Zoning Commission allowed that to stay until such time as this area is included in the final plat. City code does not allow accessory structures to be the only structure on a lot, so they would need to have a house in order to keep the bam. So, once there is a final plat they need to find a new house for the bam or -- yeah, that's, essentially, what it comes down to is when this lot is final platted the bam needs to go somewhere else. That was discussed and the Commission discussed an entryway feature located at the center median and the patio home portion of the development, rather than a water feature. So, that was a slight change. I think it was here, that it went from water feature to some other type of amenity -- visual amenity there. I think that's it. I -- the applicant has submitted an e-mail to staff stating that they don't have any concerns with the staff report. I don't have any additional hearing that we received. We didn't have ACHD's comments and conditions at the time this went to the Planning and Zoning Commission, so those have been inserted into the recommendations document that you reviewed. Other than that, the staff report is, essentially, the same with the Commission changes. So, I will stand for any questions you may have. 0 • Meridian City Council December 18, 2007 Page 59 of 87 De Weerd: Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Caleb, where does that main road go? Does it go all the way out to McMillan? Hood: Madam Mayor, Councilmember Bird, this main road right now stubs to about another -- I believe it's 40 acres or so. Let me go to -- Bird: Okay. It stops. Hood: -- a vicinity -- yeah. There is this undeveloped portion back here behind Dunwoody Subdivision, which was -- a majority of the open space that was platted with Dunwoody back 15, 20 years ago, whenever that subdivision was done. And we fully anticipate that that will some day tie into some of these local roads that are stubbed to that property already. I think there is five that are currently stubbed to this -- to this property and we are adding a sixth one now. But that will be discussed at a later date and it will be extended. Right now they have a temporary tumaround until that time. So, I think that shows up on the plat. Yeah, you can see the temporary tumaround. Bird: Follow-up, Mayor. De Weerd: Uh-huh. Bird: Caleb, that brings up -- that entry, then, is that right -in, right -out only? Only being 240 feet south of Chinden, I believe you said, that isn't a full access, I hope. Hood: Madam Mayor, Councilmember Bird, I can look at ACHD's staff report and verify. The applicant may even know off the top of their head, but I will look at ACHD's report. I don't remember that being a topic of discussion. But, you're right, 220 usually is a right - in, right -out and they are only 20 feet further than a typical right -in, right -out. So, I will look up that information. Bird: We got Gary right here if you want. De Weerd: I'm sure the applicant knows. Bird: Yeah. That's all I had. De Weerd: Anything further from Council? Rountree: Not at this time. Meridian City Council December 18, 2007 Page 60 of 87 De Weerd: Does the applicant's representative want to come forward? Hi. Mockwa: Hi. My name is Tim Mockwa with Toothman Orton Engineering, 9777 Chinden Boulevard. Madam Mayor, Members of the Council, I don't really have a whole lot to add, other than what staff has already gone over. I will try to answer a couple of your questions. The issue with the access drive, it's my understanding -- and I don't have a copy of ACHD's report right in front of me, but this is intended to be a full access drive over a public road on Locust Grove. The location of the road was coordinated with staff, ACHD staff, in that it aligns with this driveway to the property to the west and we are also -- one of the requirements for ACHD was that we add additional right of way in this first -- I believe it was 200 feet south of the intersection with Chinden, so that we can add a left tum lane into this property. So, that alone tells you that it's a -- their tension all long was that it's a full access. We did submit to the highway district a full traffic study for the property. In fact, at the time it was submitted it included this 31 acre piece that staff had pointed out earlier. So, it had even a greater amount of traffic contemplated at the time we originally submitted it. Bird: Thank you. Mockwa: Other than that, I really -- like I said, I don't have anything to add. We are excited about the project and we think it's a -- it's a pretty creative and innovative approach and a nice mixed use in this area that really transitions well from these two busy streets through to some of the lower density residential surrounding us, so with that I would be happy to answer any additional questions that you might have. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: No. De Weerd: Thank you. Mockwa: Thank you. De Weerd: Okay. This is a Public Hearing. Is there anyone who like to provide testimony on this application? Hood: If someone wants to come forward, question. I found ACHD's staff report and I about 450 feet -- Bird: Oh. Okay. I'm going to answer Councilmember Bird's have received some of that information, it's i 0 Meridian City Council December 18, 2007 Page 61 of 87 Hood: -- to there, so -- Bird: Makes a little difference. Hood: Yeah. I don't know where the 240 came from, but it is -- it is 450 as conditioned in ACHD's staff report there. So, I apologize for stating that incorrectly. Bird: No problem. De Weerd: Thank you, Caleb. Okay. No members of the public wanting to testify on this application, any additional remarks from the applicant? Okay. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we close the public hearings on Items 11 -- Zaremba: Second. Rountree: -- 12 and 13. Bird: Second. De Weerd: Okay. I have a motion to close the Public Hearing on Items 11 through 13. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Do I have a motion on Item 11 or is there additional comment, information, or discussion needed? Rountree: I have nothing. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we approve Item No. 11, CPA 07-001, subject to staff and applicant testimony. Meridian City Council December 18, 2007 Page 62 of 87 Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 11. If there is no discussion, Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 12. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve AZ 07-017, request for annexation on three comers by David Dean and to include all staff and applicant and public testimony. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 12. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Mr. Bird, Item 13. Bird: I move we approve PP 07-021 and to include all staff, applicant, and public testimony. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 13. Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: AZ 07-015 Request for Annexation and Zoning of 1.88 acres from RUT to an R-2 zone for the property located at 1650 Dunwoody for Dunwoody Property by Marshall Williams — 1650 Dunwoody: i Meridian City Council December 18, 2007 Page 63 of 87 M De Weerd: Thank you. Item 14 is a Public Hearing on AZ 07-015. I'll open this Public Hearing with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. Item 14 is known as the Dunwoody property annexation. It's located at 1650 Dunwoody Court, so just a couple parcels south of the last site. It is a 1.88 acre size -- site and is currently zoned RUT in the Ada county. The adjacent land uses -- as you can see from the map it's still pretty rural residential in nature. There are to the north RUT properties in Ada county. To the east, again, is the Dunwoody Subdivision, which this is also a part of Dunwoody. To the south are rural residential properties zoned RUT. And Madeline Estates, zoned R-4 is further down. To the west is the recently approved Reserve Subdivision. You can kind of see some of that -- the reserve of the Madeline Estates, which is to the southwest. So, those are the two city approved developments nearest the subject site. A house was recently constructed on this site and the home received city services and as a condition of receiving those services the applicant had to apply for -- to annex the property once contiguous. No new development is proposed for the site. Access to the site is currently provided from Dunwoody Court. Direct lot access to Locust Grove Road is being prohibited. Staff is not proposing a DA for this annexation request only. If the property does redevelop in the future, it will have to be done in accordance with the R-2 zoning district, which is the city's most restrictive and least intense zoning district. History on this site -- as I mentioned earlier, the site is platted in Dunwoody Subdivision. It's Lot 1, Block 1. That was an Ada county project. The Meridian Planning and Zoning Commission did hear this item on November 15th. At that Public Hearing they recommended approval. In favor was the owner -applicant Marshall Williams. In opposition were Kent Borgman, Patricia Greiger and Bill Weiser. Written testimony was received from Don and Sally Atkin, Richard Price and Maureen Miller, John and Patricia Greiger, Michael and Kim Callahan, David and Luann Dean, Kent Borgman and Terry Copple. Sonya Watters was the staff person presenting. The key issue at the Planning and Zoning Commission was based on the public testimony and that had to do with whether or not a development agreement should be required, which would prohibit the property from being further subdivided in the future. The Commission, after discussing that, decided that the existing CC&Rs for Dunwoody adequately did that and they decided that it wouldn't be appropriate for the city to also require those same restrictions. So, the staff made no changes to staff recommendation. I already mentioned the -- the letters that were received and the people that wrote those letters in. The primary concern, again, was the ability of this property to be resubdivided if it's annexed. And that is the -- truly the outstanding issue before you tonight. So, with that -- again, no new development. It's an annexation of the property, because it is receiving services from the City of Meridian and I will stand for any questions that you may have. De Weerd: Thank you, Caleb. Any questions at this point, Council? Bird: Not at this time, Mayor. 0 • Meridian City Council December 18, 2007 Page 64 of 87 Rountree: I have none. De Weerd: Okay. Is the applicant here? If you will, please, state your name and address for the record. Williams: Marshall Williams, also of Markhard Design and Construction at 2065 East Fairview and the owner of 1650 Dunwoody Drive, which is the house that you see there. De Weerd: Thank you. Williams: First, Ada county permit is what I used, but to do that I had to have a services permit. Went to Central Health and they said you got to go to Meridian. I said okay. Anyway, so to go to Meridian, I hook up to city services, which is in Locust Grove Street and that provided me with sewer and water. Next thing we built the home. And the property is now being marketed as a single residence on an acreage and that's what we applied for for annexation is a single residence on acreage. So, there was some confusion of subdividing, those type of things going on that -- that's not what we applied for and that's what we are not -- what we are asking for tonight. I did get the permits back in February. It has taken a -- somewhat some time to do that and I want to thank Public Works to allow me with a water meter, so I could finish the home and get it marketed and that about covers it. Mr. Hood has covered most everything that I was going to talk about. De Weerd: Okay. Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. I have some people that have signed up to indicate their opposition or support of this application. When I call your name, if you would like to provide testimony, please, come forward at that time, otherwise, I will enter into the record your preference. John Greiger is signed up against. Greiger: Can my wife testify with me? We'd like to testify together. De Weerd: Sure. We have John and Patricia Greiger and if you will introduce yourself, so we can enter you into the record. Greiger: My name is John Greiger. My wife Patricia. We reside at 1682 East Dunwoody Court and we are adjacent to the property in question. De Weerd: Thank you. 6-1 Meridian City Council December 18, 2007 Page 65 of 87 Greiger: We'd like to clarify a few points that have been misleading throughout the whole application and annexation and rezoning process of the property located at 1650 Dunwoody Court. Mr. Williams was not up front at the public meeting held at the Dunwoody property dealing with information given to the residents who attended. He stated that he was requesting annexation and city services from the City of Meridian, but made no mention of request for a zone change from RUT to R-2. P.Greiger: My name is Patricia Greiger and I also live at 1682 East Dunwoody Court. In addition to that statement about the meeting, we wanted to continue on with some other fallacies of the situation. At the Planning and Zoning meeting held on November 15th, Mr. Williams more or less asked the panel to believe that there were some situations -- for instance, a home that is directly north of his at 5930, that they had city services and were annexed to the city. They have had city services since 2005 and are still not annexed, nor has their zoning changed and they are not part of Dunwoody Subdivision. They are a separate little lot in between some Dunwoody property. So, they are not under the CC&Rs of Dunwoody Sub to begin with. And, thirdly, we have no objection to the annexation to the City of Meridian. We understand the situation that Mr. Williams was in in order to build this home. But we are in opposition and as many of our neighbors in the zoning change to R-2 from RUT and the main reason is -- I know there is legalities within the city. However, approval -- if the approval were given to change the zoning in that one house within our subdivision of only 15 homes -- 15 to 17 homes, it would be an incremental step in the process of the approval of Mr. Williams obtaining approval for subdividing in the future. And as Mr. Hood stated, that once a zoning change is made, further application doesn't have to be made. However, if that -- if that zoning is approved by the City Council, it is totally against the CC&Rs of our small little subdivision that Mr. Williams, when he purchased the property, he agreed to the CC&Rs of that subdivision as well as we did and the other members of our association. And so in closing, we as the immediate next door neighbors to this property would urge you to consider the fact that if you bought a piece -- a home on an acre and a half and paid the additional money to have that space next to another property that was more than an acre and a half, would you assume that the zoning would not change within less than a year -- a little over a year and that you would consider your situation and if you were ever to drive down our street you would see how the homes are set up and the property was developed with that -- that idea in mind. And so we would like you to really consider that zoning change before you vote yes on this matter and -- did you want to add something? Greiger: One other item. With the approval would like -- Mr. Mockwa agreed that if it is rezoned and annexed that he won't divide the lot any smaller than it is. We would like that to be one of the considerations. De Weerd: Thank you. And just a comment. He was asked to annex and be brought into the city because he is going to receive city services. We do not have an RUT designation. The R-2 is the .lowest designation that the city has. So, that's -- that's not 0 0 Meridian City Council December 18, 2007 Page 66 of 87 something that was his choice, because we don't have an RUT designation, the only other choice was the lowest and that was the R-2. So, he didn't misinform you. That was the only choice that really was available to you. I guess I would ask our attorney -- can you put a condition on it that they can't subdivide? Would it have to have a development agreement? Nary: Madam Mayor, Members of the Council, that would certainly be an unusual -- to have this discussion at the Planning and Zoning Commission that would be a fairly unusual condition to try to place on the property. The size of the property, the location, the Planning and Zoning Commission when they pondered it, you have got two different enforcement issues here that you're trying to address. One is city rules and ordinances on whether that would be allowed. They would have to come back in another application. They certainly would have another Public Hearing if they were to do that and that's where the Planning and Zoning Commission -- sort of rests with their decision. As all of you know and maybe some of the members of the Dunwoody Estates know, the CC&R conditions are a completely separate private action. If a person buys that property, they buy it with whatever conditions are on it at the time they purchased it. The CC&Rs are applicable to them. That's a private action that's enforceable by the homeowners association, not by the city. They also buy -- if they annex into the city, they buy it with -- or they annex it in with whatever conditions the city places on them. But it would be fairly unusual to then -- to rezone the property R-2 and, then, place conditions on it that didn't allow them whatever uses other properties would have with the same designations of the city. So, I couldn't tell you you can't, it certainly is not something I'm familiar of certainly this city doing in the past with other annexation requests. There would be opportunity of public hearings, but it is not the city's role to be enforcing covenants that are private contracts between those -- the owners and the property owner. Greiger: Thank you, Madam Mayor, and Councilmen. De Weerd: Thank you. P.Greiger: Thank you very much. But, in addition, the president of our association, Kent Borgman, is out of town on business this evening, so he was unable to attend, but he did write something up and we were actually going to read it, but we heard earlier that it could can be passed onto -- De Weerd: Yes. If you want to give it to our clerk, he will make -- he will pass it along so we can see it. Thank you. Mr. Nary, I guess I do have a question regarding -- if it's zoned R-2 and because you would have less than, what is it, four or six lots, you can -- do you have to go through the process or can you subdivide without going through a public process? 0 Meridian City Council December 18, 2007 Page 67 of 87 C Nary: Madam Mayor, Members of the Council, probably Mr. Hood can answer that better. I don't know that you can short plat a residential parcel. So, I don't think they could -- I don't think they intensify this use or subdivide the property without another hearing, but maybe Mr. Hood has a better perspective. De Weerd: That's correct, uh? Hood: Madam Mayor. You have got it. Yes, you have to be commercially zoned to utilize the short plat, so any residential properties -- the shortest form would be a combined preliminary/final plat, but even that is a Public Hearing, so -- but would require a Public Hearing for any residential zone in the city. De Weerd: Okay. Thank you. I had Richard Galloway signed up indicating against. Galloway: Yes, Madam Mayor and Members of the City Council, my name is Richard Galloway, I live at 1714 East Dunwoody Court, which is adjacent to the Greigers, approximately 50 feet away from that property. And I have concerns for a couple of reasons. One of them being the way that this has all taken place. I heard a comment earlier tonight about how the Council had not properly followed up on a contract that was made and my question is how it is that somebody can get city services before they go through this procedure that we are going through tonight? This should have all been done before the house was built and before those services were provided to that lot, in my opinion. The other question that I have that has not been dealt with is immediately to the north of this property is a house on an acre that is not part of Dunwoody association. That lot has also been required to have city services, has not been annexed. Immediately to the north of that is a vacant lot of approximately an acre that is part of Dunwoody association. Now, my question is is what -- if somebody takes all three of those lots, now we have got three acres there that are not entirely part of the Dunwoody association, how does this all fit into what the legalities of what can be subdivided and what cannot. I don't understand how that works and guess that that's what we are really concerned about as an association is the domino -- possible domino effect here of all of a sudden we have multiple housing in an area that we did not want it and I guess if we could all be assured that that was not going to happen, we would not be testifying here tonight. And so I think if we could come up with an answer that would satisfy us for those particular questions, we would be very happy to have them as neighbors and this discussion would not even have to taken place any further. I think that's the only comment that I have. If there is any questions for me I would be glad to ask them, otherwise, I'll take a seat. Rountree: Madam Mayor, I just have a question for you. What assurance do you have other neighbors in your subdivision won't do the same thing that you're speculating these folks would do. 0 Meridian City Council December 18, 2007 Page 68 of 87 Is Galloway: Well, it's my understanding that they cannot build on -- on those lots. How can they subdivide their lots. I don't -- the association was very specific about that not being -- taking place. Rountree: So, you have answered your question. Galloway: But if it goes to an R-2 zone -- see, that is the question that we have had in our minds is how does that happen. And, here again, the lot directly to the north of that is a whole other matter. So, I don't know, we are confused and perhaps we are confused for a reason we shouldn't be. If those fears can be put to rest, then, the matter is taken care of. Any questions? De Weerd: No. Thank you. Galloway: Thank you for your time. De Weerd: Michelle Borgman signed up against. Thank you. Toby Merriman signed up against. I think. Merriman: I'm song? De Weerd: It is Merriman? Merriman: It's Merriman. De Weerd: Okay. Merriman: I'm Toby Merriman. 1938 Dunwoody. Madam Mayor, City Councilman. I apologize for my naiveness. I think this is probably the second time in my life I have actually acted like a grown up, so I apologize. This is kind of all new to me. Rountree: Don't start now. Merriman: And I'm a new -- I'm a new member to the Dunwoody community, I have been there about three months and so I guess I'm just kind of a little confused on what's going on. I got there and started getting messages from the homeowners association, as well as from attorneys and people talking about attorneys, about this whole situation. And I'm just kind of curious about actually what's going on and how this all -- how this all happened. You know, being a member of the community and going into it -- and I have read the covenants pretty well and I was under the impression to be a part of this community they were all single family homes on large acreages, that had to have well water. And so I guess just don't understand the process of annexation. It kind of goes back to the gentleman before me was saying, it just kind of seems like some of this is, you know, the cart before the horse and I guess I just -- my concern is I -- you know, • Meridian City Council December 18, 2007 Page 69 of 87 now living the dream in Idaho, got the acreage, have the opportunity to have horses and this property, move by business to Meridian and this is where I want to be and I want to maintain the integrity of that and to have those opportunities now that I have been able to find this place and I just want to make sure that, you know, that's not at all jeopardized and I guess I'm just a little bit confused as to how we all got here and, you know, why this is even an issue. Rountree: Me, too. De Weerd: Well, I'll take a stab at it, because I'm good at guessing. If I'm wrong, correct me. Nary: Don't wont'. De Weerd: When Central District Health has someone that applies for a building permit and they want to put in a septic and a well, if they are next to city services, they will not let them. They ask that that -- they ask that those property owners hook up to city services. One of our requirements to extending city services is to annex if you're contiguous. The other lot probably was not yet annexed, because they are not contiguous yet. This lot will make them contiguous and they will probably be triggered to have to annex that lot as well, because they were granted city services. So, we don't extend services to properties that are not annexed and if they have to, because of extenuating circumstances, we do put in a provision to extend the services if they are available and to have them annex when that annexation route is there. So, that's probably why you're here tonight, because they are receiving city services. Merriman: And how does that affect the rest of us, I guess. Rountree: It doesn't. De Weerd: Well, your CC&Rs are -- those are private contracts that -- it's something the city doesn't enforce or maintain. It's something that is your subdivision's thing. This shouldn't affect any of you. They are asking for one house on one lot and they have to do this, because they have city services. If they want to do anything different, they will have to come through a public process again and notification would go out to the 300 feet radius and you would start this process all over again. But that's not what they are asking and I don't think if they put a house up there already that that would be forthcoming. But I have been wrong before. But you would be notified if they did. Merriman: Well, thank you for your time and explanation. I certainly appreciate it. That clarifies it a little bit, so -- De Weerd: Okay. Thank you. 0 Meridian City Council December 18, 2007 Page 70 of 87 Nary: Sounded just like a lawyer, Madam Mayor. De Weerd: Oh, that's really frightening. I'm song I sounded like an attorney. I apologize. Okay. Darwin Porter signed up against. Porter: Madam Mayor, City Council members, Darwin Porter. I'm at 5780 North Locust Grove and I am directly to the south. We have got the five acres to the south of the property that we are talking about and I'm in opposition to the rezoning for the same reasons that have been stated before. I have a question about the lot to the north. Is it considered RUT or is it R-2? The one acre lot to the north of the property that we are talking about. De Weerd: It's probably still RUT, because it has not been annexed. Porter: Still RUT? Because it has not been annexed. Okay. De Weerd: That's a county designation. Porter: Okay. So, with that in mind, then, I guess our concern is that the domino effect, possibly, those three lots could get together and possibly put in a smaller size development and I would just oppose that. So, I guess I understand at this point you can't give city services unless it's an R-2 designation, is that how it -- is that the case? De Weerd: It's our lowest density designation. Porter: So, how did they get city services without it being R-2? De Weerd: They are applying -- they are applying for that. Porter: They are applying for that, but they have city services now. How did they acquire those without it being R-2? De Weerd: I'll let the attorney answer that. Nary: Madam Mayor, Members of the Council, when you apply to build a building in a county zone, Central District Health requires that you either build a septic tank or if city services are within 300 feet, that you hook to city services. Porter: I understand. Nary: So, you come to the city. The engineer by ordinance has authority to grant access to the sewer system for that purpose. Porter: Okay. 0 • Meridian City Council December 18, 2007 Page 71 of 87 Nary: Central District Health tries to limit the amount of septic systems in the county. Porter: I understand that. Nary: So, as long as it's within 300 feet it doesn't have to be contiguous to the city. Our requirement is is once they do have services, when they become contiguous they are required to apply for annexation. Porter: Okay. And so -- Nary: That's why they get the services prior to being annexed into the city -- Porter: Okay. Nary: -- is because they either need to build the property, which is I think what the circumstances here -- Porter: Okay. Nary: -- or they have a failed system, which may have been the circumstances with the other one. I don't know. But one of those two situations requires them to go to Central District Health to ask for a permit -- Porter: Sure. Nary: -- and if it's within 300 feet, then, they have to go to the city. Porter: Am I incorrect in stating that this was already annexed? Has it not been annexed? Nary: It has not been. Porter: It has not been. Okay. I thought it had been annexed and, then, it was now being rezoned R-2. Nary: No. Porter: So, it has not been annexed. Nary: And the term gets thrown around commonly, because when you annex it's required by state code that we designate a zone. Porter: I understand. 0 • Meridian City Council December 18, 2007 Page 72 of 87 Nary: So, because that's the lowest residential property zone we have -- Porter: Okay. Nary: -- that's what planning chose and that's what the application is for. Porter: It makes sense. It's a beautiful home. We hope they put horses and cows back there, so -- thank you. De Weerd: Well, unfortunately, they can't, because they will be in the city. Just thought I would tell you that. You can have cats and dogs. I also -- the last person signed up is Carla Williams, signed up in favor. Is there anyone else that would like to provide testimony on this application? Would the applicant like to have wrap-up remarks? Williams: Madam Mayor, Council, Marshall Williams, 1650 Dunwoody. There has been some confusion, I must admit. Of course, I was kind of caught in the middle here, not knowing that it would cause so much confusion. Anyway, what I have here is a -- a plot plan showing where the house is and as I stated before, we are advertising it for sale as a single family residence on an acreage. Has nothing stated that it could be more than one parcel. And, then, also, if I may -- the first page is -- it shows the home where it's located and as you can see, trying to subdivide the lot would be almost impossible, because of the location of the home. You would no way near get a driveway passed the house under your requirements, anyway, to get to that back area and same way off of Locust Grove. That's a berm going down the left-hand side there, the landscape berm of the subdivision, which is also part of my property, but it's not like you're going to be putting a driveway through there onto Locust Grove. ACHD wouldn't allow that. And, then, of course, the next page is just our listing stating it is a single home. And, then, the fourth page is part of the covenants of Dunwoody and what it says is Section 5.17, sewer disposal, until public sewer serves Dunwoody Subdivision, all sewage disposal for each lot shall be a private septic tank. Well, that line right there tells me that if the homeowners association would read this page and this article, that they would have an idea that one day there will be public sewer to the Dunwoody Subdivision. So, what I have done is just followed the requirements of the city to put in my sewer and water and to get my services, annexation, through the city. Our intent was not to mislead anyone. Maybe it was -- as I think of being annexation, that the zoning would change, possibly those that aren't involved as much as we are on projects like this, didn't realize that there was a zoning change, which is automatic. And I apologize to them for that misunderstanding, if there was the concept of thinking that annexation meant that the zoning would stay the same. Other than that, I'd like to get this behind me, be able to have my city services and thank you for your time. Any questions? De Weerd: Thank you. Council, any questions? No, I don't see any. Thank you. :1 Meridian City Council December 18, 2007 Page 73 of 87 Williams: All right. Thank you. De Weerd: Okay. Council, any further information needed? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the Public Hearing on AZ 07-015. Borton: Second. E De Weerd: Okay. I have a motion to close the Public Hearing on Item 14. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve AZ 07-015, the Dunwoody property to include all staff comments. Borton: Second. De Weerd: Okay. I have a motion and a second to approve Item 14. Any discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Would the maker of the motion include applicant's comments, too, not just staff? Zaremba: Yes. Applicant's agreement and staff comments and further comments made. Borton: Second agrees. De Weerd: Thank you. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. 0 Meridian City Council December 18, 2007 Page 74 of 87 Item 15: Public Hearing: CPA 07-014 Request for a Comprehensive Plan Land Use Map Amendment of 7.43 acres from Medium Density Residential to Mixed Use — Community for Woodland Springs by Morgan Development, Inc. —1630 & 1720 East McMillan Road: Item 16: Public Hearing: 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 Comer of McMillan Road and Locust Grove Road: Item 17: Public Hearing: PP 07-019 Request for Preliminary Plat approval for 4 commercial lots on 7.55 acres in a proposed C -C zoning district for Woodland Springs by Morgan Development — Northeast Comer of McMillan Road and Locust Grove Road: De Weerd: Okay. Thank you. Item 15, 16, and 17 our public hearings on CPA 07-014, AZ 07-014 and PP 07-019. 1 will open these public hearings with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. We are moving down Locust Grove a little bit further to the south. We are now on the northeast intersection of McMillan and Locust Grove. The subject site is seven and a half acres. This property is currently zoned RUT and R-1 in Ada county and currently it's designated for medium density residential land use in the future land use map of the Comprehensive Plan. The adjacent land uses include a single family residence zoned RUT in Ada county. To the south is an Idaho Power substation and McMillan Road. To the east are future single family homes in the Portico Place Subdivision. That was approved at the zoning designation of R-8. And to the west are single family homes zoned RUT in Ada county. You may recall in late 2006 an annexation application was submitted for 2.4 acres of the subject seven and a half acre property. That annexation application requested L -O zoning. The City Council denied that application on February 13th of 2007. And that application included just this 2.4 acre parcel right on the comer. Since that time the applicant has acquired the approximately five acres surrounding that previous application and is bringing the whole thing before the Council tonight. The applicant has submitted a conceptual site plan how the site may be developed with a convenience store, gas station, a medical -dental -professional office building and a multi -tenant commercial building. I guess I should back up and note that the applicant is requesting, similar to the other two applications that had Comp Plan amendments tonight, a change to the map designation from medium density to mixed use community and also an annexation of 7.55 acres to C -C and a preliminary plat for four commercial lots. On this submitted conceptual plan, the applicant has depicted one full access driveway to Locust Grove Road. It's right here. And no access to McMillan. What the applicant is proposing to do is at Portico Place Subdivision, that I mentioned earlier that was zoned R-8, is directly at the east property boundary, so what this applicant will be required to do is finish off that portion of Beethoven Street that lies on their property, finish off that 1:1 Meridian City Council December 18, 2007 Page 75 of 87 • street section, and, then, take another driveway access off of Beethoven. The applicant is proposing to landscape approximately 25 percent of the site. There are 25 foot wide buffers along Locust Grove and a 35 foot wide landscape buffer required along McMillan. Further there are land use buffer requirements. Again, there are single family homes that are existing in the county or proposed in Portico Place and depending on the zone, either a 20 or 25 foot wide land use buffer will be required. As I mentioned earlier, the applicant requested C -C zoning and community commercial designation on the future land use map. In staffs analysis of this report, we thought it would be in the best interest of the city and the surrounding properties to actually designate this property to neighborhood commercial and zone the site to C -N, which we talked about earlier tonight. It's a little bit more neighborhood friendly. Does call for the buildings to be smaller in size without having -- or -- and requiring design review and you still get the nice land use buffers to nonresidential uses. So, that is a change from the original applicant's request when they submitted their application. They are in agreement with the revised zoning proposed by staff and the Planning and Zoning Commission. I do want to run through quickly -- I know you guys have executive session next, but I do quickly want to run through some of the development agreements that staff is proposing and that the Commission also agreed to. One of those is to provide a truss structure, a picnic table, and landscaping within a plaza area near the center of the development. Now, the exact details of this will be determined at a later time when this Lot 2 comes in and I'll touch on that here in just a second, too. But they do have this nice plaza, open space area shown in the middle of their commercial development. This is a little trellis resting area with a couple benches that are shown in the center of that. Again, the design will be worked out, but it does need to be consistent with this concept plan showing that trellis structure in the middle of the development. I think the site plan does a little bit better job of showing access to that, too, and how it really is in the center of this project. You can see there are pedestrian walkways tying sidewalks on McMillan, to and through, up and out to Locust Grove in front of the buildings, even out to Beethoven and the residential subdivision. They have done a really good job with -- with making this site very pedestrian friendly, with some stamped or scored concrete and some other things that will kind of designate some of those pedestrian ways, too, so I did want to call that out. They also have little benches -- excuse me -- a little bench area in front of this office building -- professional office building and in staffs report we did limit the hours of operation for these two buildings specifically, because they are so close to the residents, to be from 6:00 to 11:00 -- 6:00 a.m. to 11:00 p.m. And that restriction includes the deliveries and trash compacting and, then, I told you I'd get back to this. They are proposing a C -Store with some fuel stations here. That is not a principally permitted use in the C -N zone. That will require a future Conditional Use Permit. At that time we will further evaluate if this is an appropriate location for this use. What that building should look like and if the hours of operation need to be limited and to what hours they are. So, right now they can build professional offices and retail and things like that, but this use is not approved with the subject application and would require another Conditional Use Permit. All other permitted and accessory uses in the C -N zone are condition -- are principally permitted, so no further public hearings. And, then, all • 0 Meridian City Council December 18, 2007 Page 76 of 87 buildings in the development are subject to the administrative design review process stated it the UDC. We want them to construct the pedestrian walkways and paths shown and all the buildings need to substantially comply with the submitted elevations. I do have some elevations I believe in here that I can show you as well. Here are -- this one, I believe, is the L-shaped building that we looked at just real quick. This is the same building, I believe, and they showed a couple different variations of what those buildings may look like. Some of the materials on the buildings include cultured stone, faux timbers and beams, stucco and stucco accents, and metal standing seam roofing. The applicant did also submit a picture of an existing Maverick store. I have left that out of the presentation, just because, again, that wouldn't be principally permitted in the zone. I can let you know, though, that that Maverick did have a metal roof. The colors, if I recall correctly, the roof I think was red, actually. And we weren't -- I wasn't overly excited about the color scheme that they had going on, but it was a fairly nice building. But I have let that -- that slide out, again, because that really isn't on the table. So, the elevations are really geared more towards the L -shape building and the other smaller -- about 4,500 square foot building located further to the south. The Commission did recommend approval at their November 1 st, 2007, Public Hearing. Testifying in favor of the project was Todd Meyers, Matt Morgan, Don Lillyquist and Doug and Clyde Brennegar signed up for, but they didn't testify. There was no opposition to the project and the only written testimony that I have received on this project is from the applicant, the applicant's representative. In fact, that's — well, in my presentation is with the most recent correspondence that they had with the applicant -- let me back up for a second. The Planning and Zoning Commission did -- one of the changes they made was they did require an eight foot tall vinyl fence around the perimeter of the site and the perimeter was defined as abutting the residential, essentially, not along the arterial streets. That was a change. The applicant is now requesting that that cannot be amended to reflect a six foot tall fence, rather an eight foot tall fence. And staff also will clean up condition 7.3 in Exhibit D, which is ACHD's conditions. They have a new dollar amount required for the road trust for the McMillan Road sidewalk. It's going to change from 11,000 -- or a firm 15,650 to 11,375. So, staff will make that change in the staff report and will leave the fencing discussion up to the applicant and Council and any other public that may want to testify on that. With that I will stand for any questions you may have. De Weerd: Council, any questions? Bird: I have none, Mayor. De Weerd: Okay. Does the applicant want to make comment? Meyers: Thank you. Todd Meyers. 645 Hickory Lane, Idaho Falls. I am with Morgan Construction and, first of all, I'd like to thank you for staying up late and hearing this tonight. We appreciate that. If we could go back to the aerial photo. As mentioned earlier, this project originally came with the comer piece that was there and went Meridian City Council December 18, 2007 Page 77 of 87 through Planning Commission with quite a bit of debate, was my understanding and, then, went to City Council and was denied. And that's about the time, then, that I get hired and so I have to go back through the city records and try to figure out exactly why did it get denied. Before this -- taking this job I had a very similar job to Caleb, except for the city of Idaho Falls, and so I was able to look at it more as a city planning issue and try to understand what took place. And as I looked at it, first of all, you have this piece right here that reaches down -- it is just to the east of the original site. Immediately east of that is a street called Beethoven. Well, that kind of creates a weird piece of land that the city is going to have to deal with in the future. Also, with the size of it, it had some problems with how do you meet the requirements for access? Are you going to have to amend the standard requirements for the highway district and, then, also landscaping. McMillan is an entryway corridor street. With that there is 35 feet of landscaping and so you start throwing on some of these different requirements and, basically, I don't believe the project -- the size of that property was large enough. About that same time Morgan Development had a neighborhood meeting, because they were going to make resubmittal and the woman that owned the kind of L-shaped property showed up to that neighborhood meeting and in the past my understanding is always kind of chased them off. Do not talk to me. I don't want to hear it. She had changed her mind and she came to the neighborhood meeting wanting to talk about her property being purchased. And so I think it all worked out well and I do feel that this new project probably now is in the best interest of the city and before I'd have to acknowledge that I don't think it was. If we could go onto the landscape plan. I have a few things I want to talk about. First of all, the site. The site is the corner of two arterial streets, McMillan being the corridor gateway street into the city and Locust Grove, of course, now connects over the interstate. Because of this we feel that there is going to be additional traffic and this is a very visible property and we think that it has some good value, not only to commuters, but also to residents in the area to provide neighborhood services. As Caleb said, the request was originally C -C and that's what we had talked about in our original meeting with the planning department, but after making the application they did call us and said that they did not feel comfortable with that. When you look at the type of uses that are allowed in the C- zone -- and this is going to be right next to residential. Our property doesn't include those uses, so why have the possibility of those uses. You know, whether it be redevelopment or whatever takes place. And so the restricted use is, I feel is very appropriate for this area. Along with that, there are some additional requirements, such as with the size of our buildings we are going to have to go through a design review. Again, we are right next to residential. That's pretty appropriate for us to have that. The convenience store, we have -- had lots of discussions with Maverick. They were going -- they, of course, were very happy with a C -C, because that doesn't require a Conditional Use Permit. Well, they are happy now -- I mean they understand that this is what it' going to take in order to make this a good win-win for both the city and also the developer. Some of the -- we had numerous meetings with the planning staff and e-mails and so forth going back and forth and they have done a super job of communicating to us, basically, the city's Comprehensive Plan. And one of the things we did point out is that this property on the west side of Locust Grove and on the south 0 • Meridian City Council December 18, 2007 Page 78 of 87 side of McMillan there is a planned pathway that would go through and so it's very appropriate, then, for us to access going through our property. And so they did a great job on giving us some tips on that. There is -- and it's mentioned in the staff report this access here -- really love that pedestrian access coming in off McMillan. As a matter of fact, an earlier plan we had a right -in, right -out right here, which we are hoping would limit how much access would go over to Beethoven. And at that point this corner here, Lots 3 and 4, was designed differently. When the project went to the Ada County Highway District, even though that right -in, right -out met the 220 foot requirement and it also kept Beethoven in compliance, because it's just a little over 500, that access was denied and I think a lot of it comes down to is they haven't designed that street and when that canal gets moved from the south side to the north side, they don't know if that canal is going to be covered or un -- however that's going to end up being. And so if it's uncovered, that would cause quite an additional cost for a bridge to go through there. We offered to pay for it, they said no. And so in the staff report it does mention that if that is left open, that this access we would need to move it and most likely where we would put that is just going right off the edge of the sidewalk above Lot No. 2 the Maverick site. As you look at our pedestrian pathways, what we have tried to use is those landscape islands as much as possible. We think, first of all, it's easier for vehicles to identify where those pedestrian pathways are going to be, because there will be landscape there, but also those landscape islands will have curb and gutter, which means they will be about six inches up higher than if it just was normal pavement going through there and so, hopefully, that will help pedestrians. And, then, we have kind of brought them in, as Caleb I believe mentioned right here, Lot No. 4 just right off their front door, we do have two benches. Morgan Development, our bread and butter is medical dental buildings. I think we are going to do somewhere between 15 and 20 of them this year alone in southern Idaho and we do have a dentist that is looking quite a bit at that lot number four and just it just made sense to us, so let's go ahead and kind of open their lobby up outside and let them be able to sit out on those benches, but also when you come in from Beethoven, I mean we have just kind of angled that sidewalk coming right on in there. So, we feel that's pretty good benefit there. Landscaping, if you -- if you go off the city ordinances for the buffer requirement, we would be required to have 34 trees. However, we have some trees and you can see on this landscape plan there is three right in that L-shaped building, there is one or two -- let's see, it looks like two down on the convenience store site. Those have 24 inch calipers, which means we have got to replace a lot of trees. And so that puts it up to about 86 trees. And so as you look at the site, you can see there is lots and lots of trees and where I want to go into that is it's back to the fence issue. I was asked to enter into the public record at Planning Commission whether or not we would put up a fence and I said yes. It was about 12:30 at night and I said an eight foot fence. Didn't realize it until after I had sat down and the Planning Commission said, hey, you have committed, that's where it is. And I have every intention to live up to that. However, I have been calling around and at this point I have not found anybody that provides either a wood or a vinyl fence that is eight foot. And some of the reason why is wind loads. The wind can just blow those things apart. What I would ask that we would do is that we would take maybe some of these trees, • Meridian City Council December 18, 2007 Page 79 of 87 • work with the city forester to figure out how many trees we could put along the north and east side, but not so many that our trees end up being overgrown and -- I want them healthy trees back there. But I'm sure the city forester can help us with that. The reason I noted four of them on here, I'm hoping that I could talk you into reducing that fence size. First of all, as I mentioned, we are going to reduce that zone, so it is uses in the Comprehensive Plan, you know, the N -C -- the zone that you put next to residential and, of course, we are agreed to that and more than supportive. You also have -- the hours of operation have been limited in the development agreement. My understanding is that that's probably something that's going to be added to this N -C zone in the future anyway and so it just keeps in line with that future zone and that we are more supportive of that. The other thing that we have done is that we have taken this building and we have lined it up so that I -- I feel the building does a pretty good job of shielding the residential from the noise and lights that happen within the parking lot. You have your doors that would be mainly on this with the -- facing into this development and also, you know, it's this street -- traffic continues, you're going to have the noise and headlights of cars. And I think, again, our buildings do a pretty good job of buffering that. Just wanted to -- just out of time there. Borton: Keep going. Meyers: Can I go? De Weerd: Yes. I'll tell you. Meyers: Okay. Phase one would be Lot No. 2, the convenience store and that will be sold off -- De Weerd: You are now out of time. If you would just wrap up. Meyers: Wrap up? Phase one and two, the office buildings and the convenience stores would be -- would be built at the same time and the office could also have some limited retail and that would include the access off of Beethoven and up towards Locust Grove. In the staff -- staff asked that we also include an access easement to make sure that each of these properties will have access and as you come in this private drive, this will be shown on the plat, it will go up the lot line that separates two and three and just north of two out to Locust Grove will all be shown as an access easement. So, each lot will have two accesses, so they can get out to both streets. De Weerd: Okay. Meyer: And I think that's everything. De Weerd: Okay. Thank you. Council, any questions? • Meridian City Council December 18, 2007 Page 80 of 87 Bird: I have none. De Weerd: None? Okay. i Rountree: Madam Mayor, a question, suggestion, comment. You have quite a forest that you're proposing and you do have a bunch of trees. I'm wondering have you considered the possibility of putting some trees randomly in some of the planning boxes that you have in the parking lot? Meyer: Yes. Yes. Each of these landscape islands will definitely have trees. You can see there is a big one here and also some out in front of those buildings. Rountree: Okay. De Weerd: You know, just as an FYI, we have found an eight foot tall vinyl fence. Meyer: Can I get the company from the staff, then? De Weerd: You can get it from Robert in the back. Meyer: Oh, good. De Weerd: We are now experts at vinyl eight foot high fences. So, that was just an FYI. I have no questions. Any other comments, questions? Mr. Zaremba. Zaremba: Madam Mayor, I just had a comment. How fortunate you are that the property owner of the L-shaped piece of property came to you. When this came before us earlier or when I was on the Planning and Zoning Commission, it came before us before it came to Council. The applicant at that time, for only the smaller piece, made it very clear that the homeowner was almost violent about chasing people off her property and not wanting to sell. You're very fortunate that that attitude changed. I think this is a much better project than the little piece could have done. Much better accesses for certain. Meyer: And all of the access -- I mean all of our discussions with her were limited to her attorney. She still wanted her attorney only to chat with us. Zaremba: Okay. De Weerd: Okay. If there is nothing further -- thank you. I did have one other person signed up and it's Corey Stanfield signed up against. Is that you. No? Zaremba: Gave up. De Weerd: I know you're Gary. Okay. • • Meridian City Council December 18, 2007 Page 81 of 87 Zaremba: Does anybody anticipate having any questions for ACHD? Can he go home? De Weerd: You're excused, Gary. Zaremba; Thank you for hanging in there. De Weerd: Is there any further testimony on this application? Any additional comment? Okay. Council, any further information needed? Rountree: Madam Mayor, I don't need any additional information. Depending on how we go with this, if it is approved, I would want signs immediately put on that particular property out there that that's, in fact, what it is and what's going to be there, potentially, and I'd also like stipulations that there wouldn't be a car wash in there. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: If we take the staff recommendation that this be zoned to CA instead of C -C, would that preclude the car wash? Bird: You'd have to go with a CUP. Rountree: Caleb's on top of that. He'll tell us. De Weerd: I think even a car wash requires a CUP, doesn't it? Bird: Yeah. Hood: Correct, Madam Mayor, Members of the Council. In the C -N zone a vehicle washing facility requires a Conditional Use Permit, but you could -- if there is a development agreement you could cut that off before they even apply for the CUP and just say it's not allowed, so -- if you so choose. Zaremba: Madam Mayor, I would pose it as a question. Are we in favor of the C -N designation? I am. Rountree: Given the location I think it fits with the power station across the way and a major intersection. So, are we going to close the hearing and let David make a motion or -- Bird: Madam Mayor? • 0 Meridian City Council December 18, 2007 Page 82 of 87 De Weerd: Mr. Bird. Bird: I move we close the Public Hearing on CPA 07-014, AZ 07-014 -- Zaremba: Second. Bird: -- and PP 07-019. Rountree: Second. Zaremba: Second. Borton: Second. De Weerd: Okay. I have a motion and a second -- are we all getting rummy? -- to close the Public Hearing in Items 15, 16 and 17. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Mr. Zaremba. Zaremba: Madam Mayor, actually, I did have a question for staff. Somewhere in the staff report it mentioned that -- I don't know how to put this. This may not be the plat the way the Planning and Zoning Commission saw it, but there has been a revision to it and my question would be -- I couldn't find the date for the amended plat that I would like to reference as I make the motion. Rountree: You can't read that on there? Bird: I can't either, David. I was looking at that. I couldn't find it on my computer. Hood: Madam Mayor, Commissioner Zaremba, the date that I have on this one is 8/19/07. So, August 19th, '07. Let me see if I have a revised -- Bird: I was going to say, is there a revised note? Hood: -- date on here. I'm not seeing it anywhere. That very well may be the same date that was put on the original one that was submitted, too, so typically, you know, the professional will update that date. I don't know that that's the case here. Let me just check the original and see what date. Okay. That one's dated 8/19 as well. Meridian City Council December 18, 2007 Page 83 of 87 Zaremba: I may have an answer to that. If you would tell Mr. Hood. Unfortunately, we have closed the hearing, so you can't tell us, but if you'd tell Mr. Hood he can tell us. Details. Hood: Madam Mayor, Members of the Council, the date's the same on both of them, the old and the new. We can tell you what the changes were. The changes were the right of way requirement change from ACHD along McMillan and, then, as the applicant mentioned in their testimony, the buildings on Lots 3 and 4 kind of moved up a little bit based on that driveway going away. Unfortunately, though, the only way to reference it is the 8/19 date. There is nothing on these that separate anywhere to tell the difference between the two, other than those things. Zaremba: Okay. Bird: Madam Mayor, follow up on that. I mean how would you have a revised deal with the same date? Hood: Madam Mayor, Councilmember Bird, I don't know -- you probably can't see it from there. This is how I do it, I put on there revised and old on this one. So, basically, do not use, old, and, then, I -- but that's -- like I said, typically, the engineer or whoever is preparing this will put a revised date on here, some way to call this out that this is different from that or -- Bird: You can write that, but what is the engineer going to say if it goes to court? Hood: Well, I can show a plat that has that date, too, what the city's -- Rountree: It's on the plat, if it's revised. Zaremba: Mr. Hood, is there a stamped received by the clerk date on there by any chance? Hood: Not on my copy. This was submitted directly to our office. Let's see if our office stamped it. Bird: You surely stamp it. Hood: Yeah, our office should -- in this case this one didn't get stamped. But the clerk's office would have that same chronological order, too, whatever, was submitted with the application will have a received date from the clerk and, then, when the revised comes it will have a later date it was received, so you can tell it's -- if it's not the exact same plat, it was received later on in the process. Not an ideal situation, not typical, but we can tell the difference anyways. • Meridian City Council December 18, 2007 Page 84 of 87 • Zaremba: I'll make it up when I get there. Did we discuss the six or eight foot fence? Do we -- I, actually, thought our ordinances specified six foot fences and didn't allow eight foot fences. Bird: As many trees as you have got going around there, six foot will be fine. You won't see the fence anyway. De Weerd: It can be allowed. Zaremba: What's the Council's preference? Bird: Six foot is fine with me. Rountree: Make a motion. Bird: Make the motion. Zaremba: Okay. I'm just trying to get the details in. All right. In that case -- Madam Mayor? De Weerd: Yes. Zaremba: I move that we approve CPA 07-014, request for a Comprehensive Plan land use amendment -- map amendment of 7.43 acres from medium density residential to mixed use neighborhood for Woodland Springs. That's a change from community to neighborhood. Rountree: Second. De Weerd: Okay. I have a motion and a second on Item 15. Any discussion? Hearing none, Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 16. Zaremba: Madam Mayor, I move that we approve AZ 07-014 to include all staff comments and including the changed designated by staff that this be a C -N zone. I'm sorry, was there a development agreement attached to that for the hours or -- De Weerd: Yes. Meridian City Council December 18, 2007 Page 85 of 87 Borton: Yes. And use. Zaremba: And that among the items included in the development agreement, as per the staff, that the hours be limited to 6:00 a.m. to 11:00 p.m. And that the fence -- the perimeter fence be allowed to be a six foot fence. And I believe that's the end of the AZ motion. Bird: Second. De Weerd: Okay. I have a motion and a second on Item 16 to approve with the conditions. Any additional comment? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Would the maker of the motion add to the development agreement that no car wash would be permitted? Zaremba: That is an excellent idea. Yes, I would add that to the motion. Bird: Second would agree. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Is that -- is the intent a stand-alone car wash or accessory to a service station or either? Rountree: Either way. Borton: Okay. Zaremba: In discussion, the C -N zone and the hours that we have don't preclude them doing a Conditional Use Permit for the Maverick; right? Rountree: No. Bird: No. Meridian City Council December 18, 2007 Page 86 of 87 Zaremba: They would be able to do that, but it would require a conditional use. Okay. All right. Then, the motion stands. De Weerd: Okay. No further discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we approve PP 07-019 for Woodland Springs and refer to the latest version of the plat received by the clerk October 26, 2007. Rountree: Second. De Weerd: Okay. I have a motion and a second. If there is no discussion, Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 18: Executive Session per Idaho State Code 67-2345(1)(a) — (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office): De Weerd: Okay. Council, we have an Executive Session for five minutes. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(a). Borton: Second. Rountree: Five minutes. De Weerd: Okay. Mr. Berg, will you, please, call roll. 0 Meridian City Council December 18, 2007 Page 87 of 87 Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Borton: I move we come out of Executive Session. Rountree: Second. De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: A motion to adjourn? Borton: So moved. Rountree: Second. De Weerd: All those in favor. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 12:15 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: MAYOR TAM De WEERD 121 WILLIAM G. BERG, /,8, 08 DATE APPI o� IVoe r e• , ITY CL FSK °,/ejA'BBB/dIiB11109\\1\\\``a�. • �J December 14, 2007 MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of November 20, 2007 Pre -Council Meeting: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • 0 December 14, 2007 MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT ITEM NO. 5-B REQUEST Approve Minutes of November 27,2W7 City Council Regular Meeting: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • December 14, 2007 0 MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT ITEM NO. S -C REQUEST Approve Minutes of December 4, 2007 Council Council Special Meeting: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: U" ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. i December 14, 2007 MERIDIAN CITY COUNCIL MEETING • December 18, 2007 RZ 07-016 APPLICANT Tuscany Development, Inc. ITEM NO. 5-D REQUEST Findings for Approval — Request for a Rezone of 3.66 acres from R-15 to TN -R zones 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: COMMENTS See attached Findings e V41 Contacted: ►y ""0LDate: /� /? d Phone: Y�F-d %?d Emailed: <e S 4,ys OQ � r ne" Staff In 'als: ,( �? Materials presented at public meetings shall become properly of the City of Meridian. RECEIVED DEC 9 4 2007 City Of Meridian lei City Clerk Duce CITY OF MERIDIAN(:M**-EFJDIANt� FINDINGS OF FACT, CONCLUSIONS IDAHO OF LAW AND DECISION & ORDER In the Matter of Rezone of 3.66 acres from R-15 (Medium -High Density Residential) to TNR (Traditional Neighborhood Residential); Preliminary Plat approval of 38 residential building lots on 2.81 acres in a proposed TN -R zoning district; Conditional Use Permit for 31 multi -family residential units on 4 parcels in an existing R-15 zone on 2.93 acres; and Miscellaneous application to modify the exiting Development Agreement (Instrument # 106141056) for the Gramercy Subdivision listing the permitted and prohibited home occupational uses within the Brownstones and ensure the Brownstones and future Condominiums are constructed as shown with the submitted elevations, by Tuscany Development, LLC. Case No(s). RZ-07-016, PP -07-018, CUP -07-018, MI -07-015 For the City Council Hearing Date of. December 4, 2007 (Findings on the December 18, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 4, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 4, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 4, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 4, 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-016, PP -07-018, CUP -07-018, MI -07-015 -1- E 0 Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 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, Site Plans, and the Conditions of Approval all in the attached Staff Report for the hearing date of December 4, 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 Preliminary Plat as evidenced by having submitted the Preliminary Plat dated July 12, 2007 is hereby conditionally approved; 2. The Applicant's Rezone request, as evidenced by having submitted the legal description and exhibit map, stamped and dated July 26, 2007, by D. Terry Peugh, PLS, is hereby conditionally approved; 3. Development Agreement Addendum is required with approval of the subject Rezone application and shall include the provisions noted in the attached Staff Report for the hearing date of December 4, 2007, incorporated by reference; 4. The applicant's Site Plan as evidenced by having submitted the Site Plan dated November 2, 2007 is hereby conditionally approved; 5. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of December 4, 2007 incorporated by reference. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-016, PP -07-018, CUP -07-018, MI -07-015 -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) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - TA, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-016, PP -07-018, CUP -07-018, MI -07-015 -3- li] E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of December 4, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-016, PP -07-018, CUP -07-018, MI -07-015 -4- action of the City Council at its regular meeting held on the te day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED 41 a.. COUNCIL MEMBER CHARLIE ROUNTREE VOTED _ (ea COUNCIL MEMBER KEITH BIRD VOTED45A— TIEBREAKER MAYOR TAMMY de WEERD VOTED MA��C1- aE WEERD ATTEST: e BE, JILL WILLIAM G. BERG, JR.(VAC CLERK Copy served upon: .V/ Pplicni t',n��SYA� v ;,,,K"g Department lic Works Department %ALy ti«UrnUy B,Y:l a yy"A.A=' City Clerk's Office Dated: 11 ^ 2 -1--M CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-016, PP -07-018, CUP -07-018, MI -07-015 -5- CITY OF MERIDIAN PLANNINGARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 STAFF REPORT Hearing Date: December 4, 2007 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: Gramercy Townhomes E IDIANt-- • RZ-07-016 Rezone of 3.66 acres from R-15 (Medium -High Density Residential) to TN -R (Traditional Neighborhood Residential). • PP -07-018 Request for Preliminary Plat approval of 38 residential building lots on 2.81 acres in a proposed TN -R zoning district • CUP -07-018 Conditional Use Permit for 32 31 multi -family residential units on 4 parcels in an existing R-15 zone on 2.93 acres. • MI -07-015 Miscellaneous application to modify the exiting Development Agreement (Instrument # 106141056) for the Gramercy Subdivision listing the permitted and prohibited home occupational uses within the Brownstones and ensure the Brownstones and future Condominiums are constructed as shown with the submitted elevations. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Tuscany Development, LLC, has applied for a Rezone (RZ) of 3.66 acres from R-15 (Medium -High Density Residential) to the TN -R (Traditional Neighborhood Residential). Concurrently, approval of Preliminary Plat (PP) of 38 residential building lots on 2.81 acres in a proposed TN -R zone is also requested that would allow for the future construction of attached townhouses on this site. Also, a Conditional Use Permit (CUP) is being requested for multi -family residential use on 4 other parcels in an existing R-15 zone. The Applicant intends to condo the buildings on these four parcels consisting of 32 31 total units. The applicant is proposing a unique product mix for this development. The development will include 32 multi -family units proposed to be platted as condominiums in the future and 38 townhouses with alley loaded garages with a first floor work space allowing the owners the opportunity to work from home. The applicant is also requesting approval to amend the Development Agreement for the subject site The purpose of the modification is to list the permitted and prohibited uses within the Brownstone units and tie the developer to the elevations submitted with this application NOTE: The applicant submitted the Miscellaneous application after the Planning & Zoning Commission hearing Staff has updated the staff report to reflect both the Commission's action on the RZ, PP and CUP applications and Staff's recommendation on the MI application. New information is provided in underline format throughout the report. This property was previously annexed and zoned (AZ -06-021) to R-15, preliminary platted (PP -06- 019) and a portion of it final platted (FP -06-048) as part of the Gramercy Subdivision (fka.Kenai) for a mix of commercial and residential lots approved in 2006. However, the scope of this project is Gramercy Townhomes RZ CUP PP MI PAGE 1 CITY OF MERIDIAN PLANNING INARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 limited to a total of 5.74 acres in size. There are two aspects of this project being proposed at this time. One aspect is the rezone and preliminary plat for the brownstone units (townhomes) and the second aspect is the CUP for the multi -family units (future condominiums). The site is located approximately '/4 mile west of S. Eagle Road, and just south of E. Overland Road. The subject property is currently located within the Urban Service Planning Area and the corporate boundaries of the City. The comprehensive plan designates this site as mixed-use regional. 2. SUMMARY RECOMMENDATION The subject applications (RZ, CUP, PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Rezone, Conditional Use Permit, Preliminary Plat and Miscellaneous applications. Staff is recommending approval of the proposed Gramercy Townhomes (RZr07-016, CUP -07-018, PP - 07 -018 and MI -07-015) with the conditions listed in Exhibit B of the Staff Report. NOTE: If the Commission forwards on a recommendation of approval, Staff is recommending the applicant submit a DA modification limiting the home occupational uses in the brownstones for the City Council's review and approval (see Analysis below). The Meridian Planning & Zoning Commission heard these items on October 18, 2007. At the public hearing they moved to recommend approval of the subiect RZ, PP and CUP applications. a. Summary of Commission Public Hearing: i. In favor: Becky McKay, Representative and Joe Atalla, Applicant 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 L Key Issue(s) of Discussion by Commission: i. Parking for the future Condominiums. ii. Secondary access to the site. iii. Occupancy classifications. iv. Additional trees and foundation landscaping. V. Whether the corners of the development should be considered/reviewed as multi -family apartments or single-family condominiums. vi. Requiring 20' X 20' parking pads for the condominium units as stated in the Staff Report (Condition 1.2.10). vii. The applicant clarified at the hearing, the future Condominium units meet the 80 sq. ft. of private useable open space requirement per the UDC. r, Key Commission Change(s) to Staff Recommendation: i. Strike condition 3.24 requesting additional parking spaces from the Fire Department. ii. Additional trees and foundation plantings shall be required per the Staff Report. iii. Amend condition 3.11; the applicant shall work with the Meridian Fire Department in determining the classification for the Brownstone units. iv. Conditions 3.23 and 4.2 striking thru the preferred location for secondary access to Mountain View High School. Gramercy Townhomes RZ CUP PP MI PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 d. Outstanding Issues) for City Council: L The applicant has submitted a revised site plan, prepared by Engineering Solutions. Inc., dated November 2. 2007, reflecting the Commission's recommended parldng standards requiring the 20' X 20' pads and parldng stall dimensions for the multi -family units (future Condominiums). The applicant has removed one of the multi -family units, now there are 31 total. Staff has reviewed the revised site plan and finds the applicant in compliance with the City's parldng standards. ii. The applicant has submitted a miscellaneous application to amend the development agreement for this site. The proposed DA modifications pertain to elevations and potential home occupations on this site. Staff has amended Condition 1.1.3. in Exhibit B, related to the proposed DA modification. i • U• y_ 1__. -1- _, I -1- __ I-' e _ 1 I _ •-1_I_- 1 111- 1 M a tviWiW -J.W 11 J01 F, M, 01, i.' I ' 1 : • ! ... • 1- a _Y� : 1 � _ Ti ' ! _. - = I Inc _\_ 1 I Ice, I_ = ` TIM 119114; F111k,7111 MIMI At OR 17+ T -i 7il VZ41-fwW74I I M r7TT77TV am 7-3 UM-Wr Mi I I_' .. III .1,77,M -_I. ! 1 1 I_I ` I- !• d I J !_- 1. 1 T- _. ' • ! .__._r_-1' I I 1 I d_ 1_ IM I_ mlijici -_Mr I_' 1 1. 1_ 1 1 I ' _WFIM i Lim I I 1 7I 11,77 I_ f . 1 1 1 1=1 1 1 1_1.1 111 1 1 1 1 1271WTV __ 1 1 1 I_1 r 1 1 I1 1 1 11 I I -i7MriM7 771 11_rr �.I -- 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-07- 016, CUP -07-018, PP -07-018 and MI -07-015 as presented in staff report for the hearing date of December 4, 2007 with the following modifications: (Add any proposed modifications.) Gramercy Townhomes RZ CUP PP MI PAGE 3 CITY OF MERIDIAN PLANNINGDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Denial After considering all staff, applicant and public testimony, I move deny File Numbers RZ-07-016, CUP -07-018 PP -07-018 and MI -07-015 as presented during the hearing date of December 4, 2007 for the following reasons: (You should state specific reasons for denial of the rezone and you must state specific reason(s) for the denial of the plat and CUP and what the applicant can do to gain your approval in the future. Continuance I move to continue File Numbers RZ-07-016, CUP -07-018, PP -07-018 and MI -07-015 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: Approximately % mile west of S. Eagle Road and south of E. Overland Road NE % of Section 20, T.3N., R.IE. b. Owner: Tuscany Development, Inc. 6223 N. Discovery Way Boise, ID 83713 c. Applicant: Same as Owner d. Representative: Becky McKay, Engineering Solutions e. Present Zoning: R-15 (Medium Density Residential) f. Present Comprehensive Plan Designation: Mixed Use Regional g. Description of Applicant's Request: The applicant is requesting rezoning 3.66 acres from R-15 to TN -R, preliminary plat for 38 residential building lots and conditional use permit for multi -family developments in an existing R-15 zone on four separate lots. The plat and the rezone are to allow for the future construction of 38 single family attached homes. The multi -family developments are proposed for platting as condominiums; totaling -32 31 units. 1. Date of Preliminary Plat (attached in Exhibit A): July 12, 2007 2. Date of Site Plan (attached in Exhibit A): July 12, 2007 3. Date of Landscape Plan (attached in Exhibit A): July 13, 2007 4. Date of Elevations (attached in Exhibit A): May 23, 2007 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 11-5A-2, a public hearing is required before the Commission and City Council on this matter. b. The subject application will in fact constitute a Conditional Use Permit as determined by City Ordinance. By reason of the provisions of UDC 11-5A-2, a public hearing is required before the Commission and City Council on this matter. c. The subject applications will in fact constitute Preliminary Plat as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 6, a public Gramercy Townhomes RZ CUP PP MI PAGE 4 CITY OF MERIDIAN PLANNING 1340ARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 hearing is required before the Commission and City Council on this matter. d. Newspaper notifications published on: October 1, 2007 and October 15, 2007 Commission); November 12, 2007 and November 26, 2007 (City Council) e. Radius notices mailed to properties within 300 feet on: September 21, 2007 (Commission); November 9, 2007 (City Council) f. Applicant posted notice on site by: October 8, 2007 (Commission); November 24, 2007 (City Council 6. LAND USE a. Existing Land Use(s): Vacant land. b. Description of Character of Surrounding Area: This area is rapidly transitioning into a mixed use area. A wide variety of commercial uses and traditional residential neighborhoods surround the subject site. c. Adjacent Land Use and Zoning: 1. North: Vacant Land; zoned C -G. 2. East: El Dorado Business Park; zoned C -G. 3. South: Single Family Residential (Thousand Springs Subdivision); zoned R4. 4. West: Mountain View High School; zoned R-4 d. History of Previous Actions: • This property was annexed and zoned (AZ -06-021) C -G and R-15 and preliminarily plat for 64 single family detached residential lots, 24 alley loaded/attached single family residential lots, 9 multi -family residential lots, 25 common lots, and 32 commercial lots on 77.66 acres in 2006. • A final plat (FP -06-048) was approved for 50 residential lots, 32 commercial lots, one city park lot and 21 common lots on 62.01 acres in 2006. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: South Wells Ave and S Accolade Ave. Location of water: South Wells Ave and S Accolade Ave E Copper Point St. Issues or concerns: Secondary Water Connection to Kiwanis Park is needed for fire flow requirements. 2. Canals/Ditches Irrigation: The Ridenbaugh Canal runs along the southern property boundary and does not impact the development of the subject sites. 3. Hazards: N/A 4. Proposed Zoning: Existing R-15 (Medium High Density Residential) for the 4 multi -family lots and proposed TN -R (Traditional Neighborhood Residential) for the proposed 38 residential building lots associated with this preliminary plat application. 5. Size of Property: 5.74 acres in total f. Landscaping 1. Width of street buffer(s): N/A (35' landscape buffer along Overland Road approved with the Gramercy Townhomes RZ CUP PP MI PAGE 5 CITY OF MERIDIAN PLANNING D PARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Gramercy final plat.) 2. Width of buffer(s) between land uses: N/A (UDC does not require buffers between residential uses). 3. Percentage of site as open space: Approved with the Preliminary and Final Plat associated with the site. As part of the above mentioned approvals, all amenities were also approved. 4. Other landscaping standards: See UDC 11-4-3-27F, Landscape requirements for Multi -family Developments. g. Amenities: Amenities for the subject site were previously approved with the preliminary and final plats associated with the Gramercy Subdivision. The following amenities are include: multi- use pathway along the west and south side of the site, a pocket park with a dog area and water feature and a grassy area of at least fifty feet by one hundred feet in size incorporating picnic areas for the future residents. h. Off -Street Parking: UDC 11-3C-6 requires multi -family dwellings with more than 1 bedroom to have 2 parking spaces per dwelling unit in a covered carport or garage. The applicant has stated that the multi -family units are proposed to be platted as condominiums in the future; the 38 proposed building lots will be constructed with attached townhomes. If the multi -family units are platted for condominiums, the applicant will be responsible for providing a 20' X 20' pad in front of the garages of the proposed buildings as well as at the rear of the townhomes. UDC 11-3C-6 requires all single-family homes to be provided with a 20' X 20' garage and a 20 X 20' parking pad. The Applicant is showing some visitor parking on the multi-family/condo sites. The referenced parking stalls shown on the site plan should be to the standard dimension of 9' X 19' per UDC. However, the parking stalls can be reduced by two feet if an additional two feet of landscaping or sidewalk is added to allow for vehicle overhang. i. Required Dimensional Standards for Multi -family Residential Use in the R-15 Zone, per UDC 11-4-3-27 and 11-2A-7: 1. Minimum Building Setback: 10 feet 2. Minimum Rear Setback: 12 feet 3. Minimum Side Setback: 5 feet 4. Maximum Building Height: 40 feet Required Dimensional Standards for the TN -R District, per UDC 11 -2D -6A: 1. Minimum Building Setback: 10 feet 2. Minimum Rear Setback: 18 feet if alley width is 20 feet 3. Minimum Side Setback: 0 feet for attached units 5 feet for property lines adjoining unattached walls 4. Minimum Side Street Setback: 10 feet 5. Maximum Building Height: 40 feet Summary of Proposed Streets and/or Access: Access to the proposed development will be from E. Overland Road with connectivity into the residential portion of the development from S. Wells Avenue. The internal public streets system has been previously approved with the preliminary and final plats associated with this site. 7. COMMENTS MEETING On September 28, 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 Gramercy Townhomes RZ CUP PP MI PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use — Regional" on the Comprehensive Plan Future Land Use Map. The existing Medium High Density Residential and proposed Traditional Neighborhood Residential zoning district, R-15, is compatible with this designation. The Mixed Use Regional (MU - R) land use designation is anticipated to contain 3 to 40 dwelling units per acre (see Page 103 of the Comprehensive Plan). The proposed Site Plan depicts 38 single family attached homes and 32 31 multi -family units on 5.74 acres for a gross density of 4-262 12.02 dwelling units/acre. The proposed density complies with the anticipated density for this area. 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. ➢ The subject lands currently lie within 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 Meridian Police Department (MPD). ➢ The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACLID). 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 V, Goal I, Objective A, Action 4 —Develop and maintain greenbelts along waterways. The applicant has constructed a 10 foot multi -use pathway along the southern boundary along the Ridenbaugh Canal and provided connectivity to the path to use for recreational purposes. • Chapter VII, Goal IV, Objective C, Action 1: Protect existing residential properties from incompatible land use development on adjacent parcels. Gramercy Townhomes RZ CUP PP MI PAGE 7 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING ATE OF DECEMBER 4, 2007 The residential development to the South is single family residential and zoned R-4. Although the subject project is denser than any of the adjacent projects, it does provide a transition between the commercial project to the north and the single-family homes to the south. Staff believes that multi family development is a compatible land use based on the Comprehensive Plan land use designation. • Chapter VI, Goal II, Objective A, Action 3: Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land -use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications generally comply with the applicable policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 6: Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. Future connectivity for the commercial portion of this development was approved with previous applications. However, there is only one ingress/egress from S. Wells Avenue into the proposed residential portion of the development. Staff believes an additional access point should be provided to Mountain View High School located west of the site. Said street should be constructed as 24 foot drive aisle providing connectivity for the future residents of the development. • Chapter VI, Goal II, Objective A, Action 5: Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. As part of a previous approval, a multi -use pathway has been constructed along he Ridenbaugh Canal and extends along the western boundary providing pedestrian connectivity to the proposed development, the school site, the proposed park site, and continues thru the development providing internal connectivity as well. This same pathway also provides a recreational amenity for the future residents of the development. • Chapter VII, Goal IV, Objective C, Action 6: Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See analysis above. • Chapter VII, Goal V, Objective A, Action 7: Continue promoting quality mixed-use developments in accordance with the Future Land Use Map. The applicant is proposing a unique product mix for this development. The development will include 32 31 multi family units proposed to be platted as condominiums and 38 townhouses with alley loaded garages with a first floor work space allowing the owners the opportunity to workfrom home in accordance with UDC 11-4-3-21. Staff believes this diversity will benefit the community by reducing vehicular trips and develop the area as a work live community. Gramercy Townhomes RZ CUP PP MI PAGE 8 1 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Staff recommends that the Commission provided at the public hearing when appropriate for this property. 9. UNIFIED DEVELOPMENT CODE rely on any verbal or written testimony that may be determining if the applicant's development request is a. Schedule of Use Control: Unified Development Code (UDC) 11-2A-2 lists multi -family developments as a conditional use in the R-15 zoning district. Specific Use Standards (UDC 11- 4-3-27) apply to multi -family developments; please see Section 10, Analysis below for more information. b. Purpose Statement of the Residential Districts: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. 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 TN -R zoning district. Townhomes are listed as permitted uses (P) in the TN -R zone. d. Purpose Statement of the Traditional Neighborhood District: The purpose of the TN -R district is to provide for a variety of residential land uses including attached and detached single family residential, duplex, townhouse and multi -family. A TN -R district includes open spaces and promotes pedestrian activity through well designed and varied streetscapes that also provide for the safe and efficient movement of vehicular traffic. Most dwelling units should be accessed from alleys. The density in the TN -R zoning district at a minimum should be eight dwelling units to the acre and not exceed 15 dwelling units to the acre. e. Multifamily Development (UDC 11-4-3.27): The following standards shall apply for the multifamily units, including standards for Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Site design (UDC 11-4-3.27B): The building shall provide a minimum setback of ten feet unless a greater setback is otherwise required by this title. Building setbacks shall take into account windows, entrances, porches and patios and how they impact adjacent properties. All site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from the public street. A minimum of 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. For the purposes of this Section, vehicular circulation areas, parking areas and private useable open space shall not be considered common open space. The parking shall meet the requirements set forth in Chapter 3 of this Title. Developments with 20 units or more shall provide the following: a property management office, a maintenance storage area, a central mailbox location, a directory and map of the development at an entrance or convenient location for those entering the development. Common open space design requirements (UDC 114-3.27C): Gramercy Townhomes RZ CUP PP MI PAGE 9 CITY OF MERIDIAN PLANNING ARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 A minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. Site development amenities (UDC 11-4-3.27D): All multifamily developments shall provide for quality of life, open space and recreation amenities to met the particular needs of the residents as follows: a) Quality of Life (clubhouse, fitness facility, enclosed bike storage, and public are such as a statue); b) Open Space (open grassy area of at least 50 by 100 feet in size, community garden, ponds or water features, and plazas); and c) Recreation (pool, walking trails, children's play structures, and sports courts). The number of amenities shall depend on the size of the multifamily development as follows: For multifamily developments with 75 units or more, 4 amenities shall be provided, with at least 1 from each category. For multifamily developments with more than 100 units, the decision-making body shall require additional amenities commensurate to the size of the proposed development. Architectural Character (UDC 11-4-3.27.E): All building elevations shall have a minimum portion of the elevation devoted to architectural features designed to provide articulation and variety. These features shall include, but are not limited to windows, bays and offsetting walls that extend at least two feet; recessed entrances; and changes in material types. Changes in material types shall have a minimum dimension of two feet and minimum area of 25 square feet. Main entrances, which are the primary point(s) of entry where the majority of building users will enter and leave, shall be designed as an obvious entrance and focal point of the building through architectural treatment, lighting, and address identification. Entrances shall be adequately covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. Roof forms shall be distinctive and include variety and detail when viewed from the street. Sloped roofs shall have a significant pitch. Flat roofs should include distinctive cornice treatments. Exterior building materials and finishes shall convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and tile are encouraged. Windows are required to allow views to exterior activity areas or vistas. Windows shall be provided on any building facing any common area used for children's recreation. All roof and wall -mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. Gramercy Townhomes RZ CUP PP MI PAGE 10 CITY OF MERIDIAN PLANNING DE ARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Landscaping (UDC 114-3.27.F): Development shall meet the minimum landscaping requirements in accord with Chapter 3 of this Title. All street -facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: The landscaped area shall be at least three feet wide; for every three lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches shall be planted; and groundcover plants shall be planted in the remainder of the landscaped area. Maintenance and Ownership (UDC 114-3.27.G): All multifamily developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, and other development features. Outdoor storage/refuse areas (UDC 11-3A-12): Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: REZONE ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the Future Land Use Map designation of Mixed Use — Regional, Staff believes that the requested TN -R zone is appropriate for the subject property. Please see Exhibit D for a detailed analysis of the required facts and findings for a rezone. The rezone legal description submitted with the application (stamped on July 26, 2007 by D. Terry Peugh, PLS) is accurate and meets the requirements of the City of Meridian and Idaho State Tax Commission. UDC 11 -5B -3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement (DA) with the City of Meridian that may require some written commitment for all future uses. As part of annexation into the City, the developer was required to enter into a development agreement for the site; recorded under instrument # 106141056. Live -Work Units: As mentioned above, the applicant is proposing a preliminary plat for some townhome lots in the TN -R district. The future units on these lots are designed to have a work space below the residential living portion that is above. Staff is supportive of this concept, but is concerned that the work area of the brownstones/townhomes may contain intense uses that may not be appropriate for this area. Therefore, prior to review by the City Council, Staff is recommending the applicant submit a DA modification listing the proposed limited non- residential uses that may occur as part of the home occupational uses in the townhomes. MISCELLANEOUS APPLICATION ANALYSIS: After the Planning and Zoning Commission hearing, the applicant did submit a miscellaneous application to modify the existing development agreement for this site The modification is to serve two purposes• the first is to tie Gramercy Townhomes RZ CUP PP MI PAGE I I CITY OF MERIDIAN PLANNING ARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 the developer to the submitted elevations and the other is to list the permitted and prohibited home occupational uses within the Brownstone units. The applicant is proposingty home occupation use adhere to section 11-4-3-21 of the UDC which outlines the requirements of home occupations. The applicant has stated the allowed and intended uses will be restricted to professional office (i.e. architect, accountant, attorney), art studio (i.e. photog_rWhy, artist) and specialty retail i.e. custom jewelry, crafts). Prohibited uses related to the Brownstones (Live/Work units) include restaurants, personal service shops (i.e. nail salon, hair salon, tanning), medical offices, retail stores, and uses that would generate high volumes of traffic to the residential portion of the development. The developer has provided excellent pedestrian connectivity throughout this mixed use development which would allow the owners and customers access to more intense commercial uses north of the Brownstone units. Staff is supportive of the suggested permitted and prohibited uses and has conditioned them as such in Exhibit B of the Staff Report. Further, staff is eg nerally supportive of the submitted elevations. Please see Exhibit B of the Staff Report for the proposed changes to the existing DA for Gramercy. CONDITIONAL USE PERMIT ANALYSIS: Multi -family Standards: The UDC has several specific standards that apply to multi -family developments (See Section 9 above for a complete list.) These standards apply to Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Below are some of the multi -family and general design standards that the applicant should be required to comply with. Site Plan: There are four separate parcels that multi -family buildings are being proposed on. Each of these parcels has different building groupings, different number of units and parking dimensions. The buildings are grouped in 3, 4 and 5 units; all parcels contain 2 buildings. There are 32 31 units overall. Except for the parking (see below), Staff is generally supportive of the proposed site plan. Secondary Access: There is only one public street serving this portion of the Gramercy development. The Meridian Fire Department has commented that they need an additional ingress/egress point into this area. Further, there is no vehicular inter -connectivity with Mountain View High School, directly to the west. Ideally, a vehicular connection would occur between the school and all of these proposed dwelling units. However, if this requirement were made now, it would cause the applicant to re -design a portion of the project to accommodate an access to the west. Staff recommends that the Commission and Council decide where emergency access should be provided. Landscaping: As mentioned above, the entire perimeter landscaping and landscape buffers were approved with the preliminary and final plats associated with the Gramercy Subdivision. The applicant is proposing to landscape all four multi -family lots with sod and trees along the street frontages. The landscape plan prepared by Harvest Design, dated 7-13-07, labeled Sheets L-1, 4, 5, 6 substantially complies with the requirements of the UDC. Staff recommends that the following modifications/notes be made to the plan: Staff believes the applicant should provide additional 2" caliper trees every 35' along the remaining three sides of the perimeter. In addition the applicant should also comply with the multi -family development landscaping standards requiring 3 foot wide landscape areas along the foundations facing the streets in accordance with UDC 11-4-3-27F. Additional trees should also be planted in the planter islands located along the parking pads in the front of the buildings. If the above noted changes are made, Staff believes that the proposed landscaping is sufficient for this project. Gramercy Townhomes RZ CUP PP MI PAGE 12 CITY OF MERIDIAN PLANNINGIPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Private Useable Open Space: UDC 11-4-3-27B requires a minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. The floor plans submitted with the application does not reflect the minimum 80 square feet of private useable open space. However the site does indicate patios adjacent to the rear of development on lot 26 of Block 3. Staff believes the applicant should prove the remainder of the multi -family dwelling units complies with this UDC requirement. The applicant should verify during the public hearing if this requirement is being complied with, as is not reflected on the submitted site plan. Parking: UDC 11 -3C -6A requires single-family attached dwelling to have a garage and a 20' X 20' parking pad in front of the units. The applicant is proposing 2 -car garages and parking pads for the townhome units. UDC 11 -3C -6A also requires multi -family dwellings with one bedroom to provide two spaces, one covered and one uncovered and 2 or more bedrooms to have a two - car covered carport or garage for each unit. The submitted site layout does propose garages for each of the multi -family units. However, the pad areas in front of the garages vary from unit to unit and do not meet the 20' X 20' requirement. If the multi -family developments are platted for condominiums in the future, the applicant should be responsible for providing a 20' X 20' pad in front of the garages of the proposed buildings. The proposed parking spaces for the multi -family development should conform to the dimensional requirements of the UDC. The submitted site plan shows the visitor parking stalls dimensions at 9' X 17' and UDC requires standard parking stalls to be 9' X 19'. However, the parking stalls can be reduced by two feet if an additional two feet of landscaping or sidewalk is added to allow for vehicle overhang. Staff recommends the applicant revise the site plan prior to the submittal of a CZC application. Amenities: As stated above all of the amenities for the subject site were approved with the Gramercy Subdivision. Staff believes there are sufficient amenities to support the new residential developments being proposed. The amenities include a multi -use pathway along the west and south side of the site, a pocket park with a dog area and water feature and a grassy area of at least fifty feet by one hundred feet in size incorporating picnic areas for the future residents. Staff recommends that the Commission determine if the approved amenities are appropriate for a development of this size. During the public hearing, the applicant shall verify a time line as to when the amenities will be constructed. Elevations: The applicant is proposing several different structures on this site. The Brownstone units will be attached Townhomes consisting of 4 and 5 units. The multi -family (future condominium) buildings range from -3 2 units to 5 units and will be located on four separate parcels. Both of the product types are shown to be constructed of Stucco with brick or stone accents and be painted in earth tone colors. UDC 11-4.3 requires multi -family structures to comply with specific design standards. Staff believes that the elevations submitted with the CUP significantly meet the requirements of the design standards listed in UDC 11-3A-19. Exterior building materials and finishes should convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and tile are encouraged. Staff approves of the submitted elevations however a DA modification should be recorded to ensure the proposed buildings will be constructed as submitted (See Analysis in the Annexation section above). Gramercy Townhomes RZ CUP PP MI PAGE 13 0 CITY OF MERIDIAN PLANNING DEi'ARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Pedestrian Pathways: As part of a previous approval, a multi -use pathway has been constructed along the Ridenbaugh Canal and extends along the western boundary providing pedestrian connectivity to the proposed development, the school site, the proposed park site, and continues thru the development providing internal connectivity as well. This same pathway also provides a recreational amenity for the future residents of the development. Pathways should be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-3B (landscaping). Multi -family Setbacks: The UDC requires a 10 -foot landscape buffer to the perimeter. The UDC does not have a specific setback between internal multi -family units. The submitted site plan indicates some of the proposed buildings with a 5' setback. As long as a 10 foot setback is made to the perimeter lot lines of the overall Kenai/Gramercy project, other internal setbacks do not need to comply with the R-15 district requirements. Refuse Areas: The Sanitary Services Company (SSC) has commented in regards to the tote locations. SSC is requiring pads next to the public street, where all of the units can bring their garbage cans. This way SSC does not have to drive down the private drive aisles. SSC's comments and conditions are referenced below in Exhibit B. Open Space: All open space was approved with the preliminary and final plats associated with the Gramercy Subdivision. UDC 11-4-3.27C requires a minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Staff believes the approved open space is sufficient for the proposed development. The units for the proposed multi -family developments range in size from 1,908 square foot units to 2,173 square foot units. The UDC requires 350 square feet for each unit containing more than 1,200 square feet of living area. The multi -family developments are proposing a total of 3-2 31 units. The minimum amount of open space required per code for all of the proposed multi -family developments is 11,200 sq. ft (32 X 350 sq. ft.). The applicant does not meet this requirement. However, staff believes the open space and amenities approved with the Gramercy Subdivision should comply with the open space requirements for the multi -family developments. Maintenance of all common areas should be the responsibility of the Home Owners' Association(s). Staff believes that the open space proposed complies with the UDC. Fencing: Perimeter fencing is not being proposed with this CUP application. Temporary fencing should be constructed to contain debris on the site. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. PRELEVIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Gramercy Townhomes RZ CUP PP Ml PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING ATE OF DECEMBER 4, 2007 Code, Staff believes that this is a good location for the proposed single-family attached residential development. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Dimensional Requirements of the TN -R zone per UDC Table 11-2D-6: The TN -R district does not have dimensional requirements for property size and street frontage. The proposed lot sizes range from 2,376 square feet to 6,451 square feet. All lots shall meet the minimum setback & maximum building height requirements stated in UDC 11-2D-6 and #6i above. The TN -R zoning district also requires a minimum of two housing types for any subdivision submittal. The residential portion of the Gramercy Subdivision was approved for different product mixes within the development. They include single detached homes, multi -family development and townhomes. Staff believes the applicant is contributing to the product mix of the development and at build out the development will meet the intent of this UDC requirement. Landscaping: The landscape plan submitted for this project, prepared by Harvest Design, labeled Sheet LS 2 & 3, dated July 13, 2007 shall be modified as follows: As mentioned above, all of the perimeter landscaping and landscape buffers were approved with the preliminary and final plats associated with the Gramercy Subdivision. The applicant is proposing to landscape the proposed TN -R lots with sod and trees. The submitted landscape plans indicates only two species of trees are to be planted within the proposed development. Staff encourages the applicant to provide a variety of species mix to add to the overall quality of the project. Staff believes additional trees should be planted internally between the structures. Additional trees should also be planted in the planter islands located along the parking pads in the rear of the buildings. Staff also recommends providing 3' wide landscape areas adjacent to foundations located on street frontages planted with low lying shrubs and groundcover. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the CZC application(s) for the brownstone/townhouse buildings. Common Areas/Open Space: All common areas and open space were approved with the Preliminary and Final Plats of the Gramercy Subdivision. Maintenance of all common areas shall be the responsibility of the Gramercy Subdivision Homeowners Association. Drainage: Seepage beds for stormwater drainage are shown on Lot 4, Block 2 and Lot 5, Block 3. No trees shall be planted over the seepage beds. All storm drainage facilities shall comply with the standards listed in UDC 11-3B-11, Stormwater Integration. NOTE: Applicant shall be aware that infiltration ponds for ACRD public streets require exposed filter sand. This sand area does not count toward the City of Meridian's open space requirements. Other provisions to meet vegetated open space requirements must be made when ACRD pond designs incorporate exposed filter sand. Proposed Streets and/or Access: All access points and streets were approved with the Preliminary and Final Plats of the Gramercy Subdivision. Gramercy Townhomes RZ CUP PP MI PAGE 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 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, a single - point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 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. Fencing: If permanent perimeter fencing is not installed, temporary construction fencing should be installed prior to issuance of building permits for the subdivision. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of-way. All fencing shall be installed in accordance with UDC 11-3A-7. b. Staff Recommendation: Based on the above analysis, Staff finds that applications RZ-07-016, CUP - 07 -018, PP -07-018 and MI -07-015 substantially conform to the Comprehensive Plan policies and UDC standards. Staff is recommending approval of the proposed Gramercy Townhomes (RZ-07-016, CUP -07-018, PP -07-018 and MI -07-015) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning & Zoning Commission heard these items on October 18 2007 At the public hearing they moved to recommend approval of the subiect7,_ PP. CUP applications Note • The Commission did not make a recommendation on the Development Agreement modification reguest (Nll- 07-015). ity Council heard these items on December 4 2007 At the public hearing e Council approved the subject RZ, PP CITP and MI app i ation 11. EDITS A. Drawings 1. Vicinity Map 2. Site Plan (dated: July 12, 2007) 3. Preliminary Plat (dated: July 12, 2007) 4. Landscape Plan (dated: July 13, 2007) 5. Townhome and Condominium Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Gramercy Townhomes RZ CUP PP MI PAGE 16 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 A. Drawings 1. Vicinity Map Exhibit A P r - SUBD. -� r Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING ATE OF DECEMBER 4, 2007 2. Site Plan i—Two 1 9 11-7 moaqumam'adxm. c.smmti.sma'am9 a. Exhibit A a aid � � � lot;; � � �aamAaaa Min g „a _ rp �aea�ma *Ills, Q°` t rapaosaa $ � y . e CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 3. Preliminary Plat ��_ r R.VI� 1 �' �CHME •PO4 D N �aaa � rola 9a,A ill all load f i 9 y Exhibit A 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 4. Landscape Plans ffi � 6 r� e � � 9 �9 �f a SRCY TOQAf CM srWINI ION . ii I t $ R�tD1^ IDAHO nWAWY DE*LDPf'If , NC. Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING OF DECEMBER 4, 2007 r i i i I � fs 6 e ! d IMERI:T TOUN40'E 50DIV SM MERIDIAN, IDAWO j y TlJ mr DEVELOPMENT, INC. Exhibit A 0 M CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Rill I If e cx TOA40M s wNnsfm v o IAN, IDAHO DMOfl'IENT, HSG. Exhibit A 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 $ $ i�T TOUId OWE SUBDIVISION N e ! MEfW[AN. (RANO TUSCANY DEVELOPMENT, INC. JU I sos-eedsame Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Exhibit A HO Tl15CANY DEYELOi'MfNT, IMG. Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Exhibit A isms ism ft ift it 11 ( _a ..� _� .a ... iii °' iJR1 , LA 16 Fq, CITY OF MERIDIAN PLANNING PPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 REZONE/DEVELOPMENT AGREEMENT COMMENTS/PROVISIONS 1.1.1 The rezone legal description submitted with the application (prepared on July 26, 2007, by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of permit submittal. 1.1.3 Prior to the rezone ordinance approval, an addendum to the existing Development Agreement (DA) for the site (Instrument No. 106141056) shall be accomplished between the City of Meridian and the property owner(s) (at the time of rezone ordinance adoption). The Applie-a The addendum shall incorporate at least the following: • Add to Section 4 "Uses permitted by this agreement," item 4.3 limiting non-residential uses that may occur as part of the home occupational uses in the townhomes/brownstones. 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. • Add item 4.4 - Permitted home occupation uses shall include: professional offices (i.e. ttornev, accountant, architect), art studio (i.e. photography. painting, graphic design) and specialty retail (i.e. custom iewehv. arts and crafts). • Add item 4.5 - Prohibited home occupation uses shall include restaurants coffee shops food preparation. personal service (i.e. hair. tanning, nail salons), retail and any other uses that create high volumes of traffic into the residential portion of the development. + Add item 4.6 - apphe-ation to be re staff and the Com .)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 (See Exhibit A5 of the Staff Report). 1.2 CONDITIONAL USE PERMIT CONDITIONS 1.2.1 The site plan, prepared by Engineering Solutions, Inc., dated July 12, 2007, is approved, with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ-07-016) and Preliminary Plat (PP -07-018) applications shall also be considered conditions of the Conditional Use Permit (CUP -07-018). 1.2.2 The landscape plan prepared by Harvest Design., on July 13, 2007, is approved with the following modifications/notes: • Per UDC 11-4-3-27, all street facing elevations shall have landscaping along the foundation for the multi -family units as follows: ➢ The landscaped area shall be at least 3 -feet wide; ➢ For every 3 linear feet of foundation, an evergreen shrub having a minimum mature height of 24 inches shall be planted; and Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING ATE OF DECEMBER 4, 2007 ➢ Ground cover plants shall be planted in the remainder of the landscaped area. • Additional 2" caliper trees spaced every 35' shall be planted along the entire perimeter within all four multi -family parcels with a minimum of four species of trees. Trees shall also be planted in the planter islands of adjacent to the parking pads located in front of the buildings. • A written certificate of completion shall 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. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the Certificate of Zoning Compliance application(s). 1.2.3 All parking stalls shall meet the dimensional requirements in accordance with UDC 11-3C-5. 1.2.4 Provide at least 80 square feet of private, useable open space, such as a patio or balcony/deck, for each multi -family dwelling unit in accordance with UDC 11-4-3-27B-3. 1.2.5 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, private streets, and other development features. 1.2.6 A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all of the multi -family units within this development. All structures must substantially comply with the elevations submitted with the CUP and the architectural standards listed in UDC 11-4-3- 27E for multi -family developments. NOTE: A CZC application may include one or more multi- family units on a lot/parcel. 1.2.7 As determined by the Planning Director, the multi -family buildings constructed on this site shall substantially comply with the renderings submitted to the City with the CUP application, and as modified by the conditions of approval herein. All roof and wall -mounted mechanical, electrical, communications, and service equipment shall be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. Further, all buildings shall comply with the architectural standards of UDC 11-4-3.27E. 1.2.8 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. 1.2.9 Provide temporary fencing around the perimeter of the building sites to contain debris during construction and shall be installed around the residential portion of the site prior to release of building permits. 1.2.10 If the buildings are to be platted as condominiums in the future, the applicant shall construct a 20' X 20' parking pad in front of all garages in the multi -family portion of the development. 1.2.11 Building setbacks, separation between proposed structures shall comply with the Building Code and Fire Code. Provide a minimum 10 foot setback to all project perimeters (as measured to the limits of Kenai/Gramercy, not each individual lot). Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING ATE OF DECEMBER 4, 2007 1.2.12 Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.2.13 Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. 1.2.14 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3 PRELIMINARY PLAT 1.3.1 The Applicant shall comply with all conditions of approval for Annexation (AZ -06-012), Preliminary Plat (PP -06-019), Final Plat (FP -06-048) and Development Agreement (instrument # 106141056) for the Gramercy Subdivision. 1.3.2 The Preliminary Plat, prepared by Engineering Solutions, Inc., dated July 12, 2007, is approved, with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ- 07-016) and Preliminary Plat (PP -07-018) applications shall also be considered conditions of the Conditional Use Permit (CUP -07-018). 1.3.3 The landscape plan prepared by Harvest Design., on July 13, 2007, is approved with the following modifications/notes: • The submitted landscape plans indicates only two species of trees are to be planted within the proposed development. The applicant shall provide a minimum of 4 different species of trees to be planted within the Brownstone development. • Additional 2" caliper trees shall be planted internally between the Brownstone structures. Additional trees shall also be planted in the planter islands located along the parking pads in the rear of the buildings. • 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. 1.3.4 A Certificate of Zoning Compliance is required prior to issuance of a building permit for any townhouse/brownstone units within this development. All structures must substantially comply with the elevations submitted with the preliminary plat. Because these are single-family lots, the final plat must be recorded prior to the issuance of a CZC for the Brownstones. NOTE: A CZC application may include multiple/all Townhome units within the development. 1.3.5 Staff's failure to cite specific ordinance provisions or terms of the approved rezone, preliminary plat and conditional use does not relieve the applicant of responsibility for compliance. 1.3.6 All development within the TN -R district shall conform to the dimensional standards per UDC 11-2D-6. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in South Wells Ave, S Accolade Ave and E Copper Point St. The applicant shall install all mains to and through this development; 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 South Wells Ave, S Accolade Ave and E Copper Point St. 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 west shall be provided to allow for a future looped system, it shall be covered by a standard City of Meridian easement. 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 finalized 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 a pre -construction meeting. 2.8 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.9 All existing structures not meeting setbacks or the dimensional standards of the UDC shall 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. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. Exhibit B CITY OF MERIDIAN PLANNING PARTMENT STAFF REPORT FOR THE HEARING•DATE OF DECEMBER 4, 2007 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- domestic purposes such as landscape irrigation. 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. 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, micro -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 comply 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. 2.22 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. 2.23 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. 2.24 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 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. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING ATE OF DECEMBER 4, 2007 a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 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. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 Building setbacks shall be per the International Building Code for one and two story construction. 3.8 Maintain a separation of 5' from the building to the dumpster enclosure. 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 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. Full NFPA 13 sprinkler system will be required for the proposed Townhomes. The applicant shall work with the Meridian Fire Department in determining the classification for the Brownstone units. 3.12 There shall be a fire hydrant within 100' of all fire department connections. 3.13 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.14 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than %2 the diagonal measurement of the full development. The applicant shall provide a stub street to the property to the (west/east/north/south). 3.15 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.16 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 M). Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.17 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.18 The proposed multi -family lots have an estimated 32 units with a total estimated population of 80 residents at build out. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.19 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). Monument signs located at the entrances of the proposed multi -family developments shall be used for address referencing of the properties. 3.20 For all Fire Lanes provide signage "No Parking Fire Lane". 3.21 The entrance to the alley from the public street shall provide a minimum twenty-eight foot (28') inside and forty-eight foot (48') outside turning radius. No parking shall be allowed on either side of the street within fifty feet (50') of the alley entrance as measured from the centerline of the alley. The minimum rear setback for alley accessed properties shall be 20 feet to the garage if the alley width is 16 feet or 18 feet to the garage if the alley width is 20 feet. 3.22 Multi -Family and Commercial projects shall be required to provide additional 60" wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code complaint Handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for details per IFC Section 504.1. 3.23 The applicant shall provide a secondary access to/from the site. with the pr-efeffed raeaffeefien to Mountain View kh& Se be located as proposed by the applicant on the hearing date of December 4. 2007; aff-eed upon by the Fire Department and the Police Department. 4. POLICE DEPARTMENT .000.00008.0 NO 4.2 The applicant shall provide a secondary access to/from the site. The location of the secondary access point to/from the site shall be located as proposed by the applicant on the hearing date of December 4. 2007: agreed upon by the Fire Department and the Police Department. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING ATE OF DECEMBER 4, 2007 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICE COMPANY 6.1 Turning Radius: the applicant shall provide a minimum of 50 ft. turning radius. 6.2 SSC will not provide trash pick-up services utilizing the common driveway. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 6.3 Provide a minimum 28' inside and 48' outside radius for all alleys and private streets, where they intersect a public street. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC COMMENTS 7. 1.1 Prior to final approval you will need to submit construction plans to ACHD Development Review Department to insure compliance with the conditions identified above or for traffic impact fee assessment. This is a separate review process that requires direct plans submittal to the development review staff at the highway district. 7.1.2 A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning and Development service at 387-6170 for information regarding impact fees. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito -breeding problem. 8.4 Central District Health will require plans be submitted for a plan review for any: food establishments, grocery store, beverage establishment and child care center. Exhibit B CITY OF MERIDIAN PLANNING ARTMENT STAFF REPORT FOR THE HEARING• DEPDATE OF DECEMBER 4, 2007 C. Legal Description & Exhibit Map _DAH O 1450 Ea Vftertawar Sc Suite Iso SURVEY Mean, Idaho 83642, GROUP sone (los) 8464570 Pax (200) 8$44399 July 26, 2007 Proposed Meridian TNR. zone Gramercy Subdivision A parcel of land located in the West %a of the NE V4 of Section 20, T.3N., R.lE., BM., Meridian, Ada County, Idaho, more particularly as follows: Commencing at the North '!4 corner of said Section 20, from which the Northeast comer of said section bears North 89°46'02" East, 2656.88 feet; thence along the west line of the NE %4 of said Section 20 South 00°24'04"` West, 1591.32 feet; thence South 89°35'56" East, 265.00 feet to the REAL POINT OF BEGIlWONG. Thence continuing South 89°35'56" East, 758.14 feet, Thence 3927 feet along the are 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 44°35'56" East, 3536 feet to a point oftangency; Thence South 00°24'04" West, 153.00 feet to a point of curvature; Thence 31.42 feet along the are of a curve to the right, said curve having a radius of 20.00 feet, a delta angle of 90°00'00", and a long chord bearing South 45024'04" West, 28.28 feet to a point of tangency; Thence North 89°35'56" West, 768.14 feet; Thence North 44°35'56" West, 28.28 feet; Thence North 00°24'04" East, 153.00 feet to a point of curvature; Thence 3927 feet along the are of a curve to the right, said curve having a radius of 25.00 feet, a delta angle of 9W0'0V, and a long chord bearing North 45°24'04" East, 35.36 feet to the Point of Beginning. Containing 3.66 acres, more or less. T e SF' 4431 MERID" PUBLIC woaxs DEQ 60615-tl=onelc ro j"nssBonall Land Surveyors Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING ATE OF DECEMBER 4, 2007 OF ffMKG 171/4 N 89'48'02'E 2858.x' E O4B�/ITID FM 1710 _.—.�._._._. _. 21 BY i 1MERLMAN PUBLIC I WORKS DEPT. i yq �1 � i �pOSE ©•N� • i I S 8835'5& E S 89'35'S8'E 758La 9-K ----- — --- — — — —.14' 2R1.W', . , �� PROPOSED TNR ZONE — 3.66 ACRES N ?�- s 1 ': N 89'35"1 788.14' 1 s� I I GRPCUWE MW RAM DETA MC MW CWRD NO WM FFF Cl 25.00 90'00'00' 39.27 2300 35.38 N 4524'04' E C2 25.00 80'00'0' 3927 25.00 35.38 S 4+x35'58' E ` C3 2000 9500'00' 31.42 MM 29.28 S 45204' W scu 1'=2M'PROPOSED TNR ZONE DWHATE 07/26/07 bleb RGINEERING Pa. o. 60615 GRAMERCY SUBDIVISION SOLUTIONSup SHM 1029 N. UM STREET, SME 100 1 OF 1 LOCATED I4 THE NE 1/4 OF SECM 20, TJM. RIMUME, B.N. ldER10WN, IOAFio 83042 G MOWN ADA O MY, IDAHO P� (aoe} e3e–'MW Fmc (208) 833-041 Exhibit C CITY OF MERIDIAN PLANNING D ARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to rezone 3.66 acres from R-15 to TN -R. 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 established regulations and purpose statement of the TN -R 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 any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment should not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-511-3.E). This finding is not applicable to the subject rezone request. 2. Conditional Use Permit Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that if the site is designed according to the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-15 district and the multi -family Specific Use Standards. Exhibit D CITY OF MERIDIAN PLANNING INARTMENT STAFF REPORT FOR THE HEARINGD TE OF DECEMBER 4, 2007 b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed multi -family residential use in the existing R-15 zone meets the objectives of the Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the proposed multi -family development is compatible with other uses in the general area and will not adversely change the character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department and other agencies. L That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The City Council recognizes the fact that traffic and noise will increase with the approval of this development; however, the City Council does not believe that the amount generated will be detrimental to the general welfare of the public. Exhibit D CITY OF MERIDIAN PLANNING D ARTMENT STAFF REPORT FOR THE HEARING TE OF DECEMBER 4, 2007 h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed development wil l not result in the destruction, loss or damage of any natural 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. 3. 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. Staff supports the propo ;ed density and proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The 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 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, ACHD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and 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. Exhibit D CITY OF MERIDIAN PLANNING DARTMENT STAFF REPORT FOR THE HEARINGD TE OF DECEMBER 4, 2007 6. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic, or historic features on this site. Therefore, the City 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 D December 14, 2007 PP 07-018 MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT Tuscany Development, Inc. ITEM NO. 5-E REQUEST Findings for Approval — Request for Preliminary Plat approval of 38 single family attached residential lots on 2.81 acres 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: COMMENTS See attached Findings Contacted: I't Date: (2' 1 Z 07 Phone: Emailed: Staff Int 'a{s: Materials presented at public meetings shall become properly of the City of Meridian. 0 * RECEIVED DEC 1 4 2007 City Of Meridian City Clerk Office CITY OF MERIDIANj� jDIAN FINDINGS OF FACT, CONCLUSIONS L 1L� 1� 1 OF LAW AND DECISION & ORDER In the Matter of Rezone of 3.66 acres from R-15 (Medium -High Density Residential) to TNR (Traditional Neighborhood Residential); Preliminary Plat approval of 38 residential building lots on 2.81 acres in a proposed TN -R zoning district; Conditional Use Permit for 31 multi -family residential units on 4 parcels in an existing R-15 zone on 2.93 acres; and Miscellaneous application to modify the exiting Development Agreement (Instrument # 106141056) for the Gramercy Subdivision listing the permitted and prohibited home occupational uses within the Brownstones and ensure the Brownstones and future Condominiums are constructed as shown with the submitted elevations, by Tuscany Development, LLC. Case No(s). RZ-07-016, PP -07-018, CUP -07-018, MI -07-015 For the City Council Hearing Date of: December 4, 2007 (Findings on the December 18, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 4, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 4, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 4, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 4, 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-016, PP -07-018, CUP -07-018, MI -07-015 -1- Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 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, Site Plans, and the Conditions of Approval all in the attached Staff Report for the hearing date of December 4, 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 Preliminary Plat as evidenced by having submitted the Preliminary Plat dated July 12, 2007 is hereby conditionally approved; 2. The Applicant's Rezone request, as evidenced by having submitted the legal description and exhibit map, stamped and dated July 26, 2007, by D. Terry Peugh, PLS, is hereby conditionally approved; 3. Development Agreement Addendum is required with approval of the subject Rezone application and shall include the provisions noted in the attached Staff Report for the hearing date of December 4, 2007, incorporated by reference; 4. The applicant's Site Plan as evidenced by having submitted the Site Plan dated November 2, 2007 is hereby conditionally approved; 5. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of December 4, 2007 incorporated by reference. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-016, PP -07-018, CUP -07-018, MI -07-015 -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) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - TA, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-016, PP -07-018, CUP -07-018, MI -07-015 -3- 0 0 E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of December 4, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-016, PP -07-018, CUP -07-018, MI -07-015 -4- 0 0 B action of the City Council at its regular meeting held on the day of 2007. If 40LA-14,11 -F I V7 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 MAY( A11- %T DE WEERD Cf ATTEST: SAL WILLIAM G. BERG, JR., CLQ CP _7 Copy served upon: 1- Applicant/""",/ Planning Department �L Public Works Department City Attorney B Dated: IZ" z 1 —0-1 ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-016, PP -07-018, CUP -07-018, MI -07-015 -5- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 STAFF REPORT Hearing Date: December 4, 2007 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: Gramercy Townhomes E IDIAN- I®Ali® • RZ-07-016 Rezone of 3.66 acres from R-15 (Medium -High Density Residential) to TN -R (Traditional Neighborhood Residential). • PP -07-018 Request for Preliminary Plat approval of 38 residential building lots on 2.81 acres in a proposed TN -R zoning district • CUP -07-018 Conditional Use Permit for 32 31 multi -family residential units on 4 parcels in an existing R-15 zone on 2.93 acres. • MI -07-015 Miscellaneous application to modify the exiting Development Agreement (Instrument # 106141056) for the Gramercy Subdivision listing the permitted and prohibited home occupational uses within the Brownstones and ensure the Brownstones and future Condominiums are constructed as shown with the submitted elevations. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Tuscany Development, LLC, has applied for a Rezone (RZ) of 3.66 acres from R-15 (Medium -High Density Residential) to the TN -R (Traditional Neighborhood Residential). Concurrently, approval of Preliminary Plat (PP) of 38 residential building lots on 2.81 acres in a proposed TN -R zone is also requested that would allow for the future construction of attached townhouses on this site. Also, a Conditional Use Permit (CUP) is being requested for multi -family residential use on 4 other parcels in an existing R-15 zone. The Applicant intends to condo the buildings on these four parcels consisting of 32 31 total units. The applicant is proposing a unique product mix for this development. The development will include 32 multi -family units proposed to be platted as condominiums in the future and 38 townhouses with alley loaded garages with a first floor work space allowing the owners the opportunity to work from home. The applicant is also requesting approval to amend the Development Agreement for the subject site The purpose of the modification is to list the permitted and prohibited uses within the Brownstone units and tie the developer to the elevations submitted with this application NOTE: The applicant submitted the Miscellaneous application after the Planning & Zoning Commission hearing Staff has updated the staff report to reflect both the Commission's action on the RZ, PP and CUP applications and Staffs recommendation on the MI application. New information is provided in underline format throughout the report. This property was previously annexed and zoned (AZ -06-021) to R-15, preliminary platted (PP -06- 019) and a portion of it final platted (FP -06-048) as part of the Gramercy Subdivision (fka.Kenai) for a mix of commercial and residential lots approved in 2006. However, the scope of this project is Gramercy Townhomes RZ CUP PP MI PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 limited to a total of 5.74 acres in size. There are two aspects of this project being proposed at this time. One aspect is the rezone and preliminary plat for the brownstone units (townhomes) and the second aspect is the CUP for the multi -family units (future condominiums). The site is located approximately 1/4 mile west of S. Eagle Road, and just south of E. Overland Road. The subject property is currently located within the Urban Service Planning Area and the corporate boundaries of the City. The comprehensive plan.designates this site as mixed-use regional. 2. SUAE%4,RY RECOMMENDATION The subject applications (RZ, CUP, PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Rezone, Conditional Use Permit, Preliminary Plat and Miscellaneous applications. Staff is recommending approval of the proposed Gramercy Townhomes (RZ-07-016, CUP -07-018, PP - 07 -018 and MI -07-015) with the conditions listed in Exhibit B of the Staff Report. NOTE: If the Commission forwards on a recommendation of approval, Staff is recommending the applicant submit a DA modification limiting the home occupational uses in the brownstones for the City Council's review and approval (see Analysis below). The Meridian Planning & Zoning Commission heard these items on October 18, 2007. At the public hearing they moved to recommend approval of the subiect RZ, PP and CUP applications. a. Summary of Commission Public Hearing: i. In favor: Becky McKay, Representative and Joe Atalla, Applicant ii. In opposition: None iii. Commenting: None iv. Written testimony: None V. Staff presenting application: Bill Parsons A. Other staff commenting on application: Caleb Hood ih Key Issue(s) of Discussion by Commission: i. Parking for the future Condominiums. ii. Secondary access to the site. iii. Occupancy classifications. iv. Additional trees and foundation landscaping. V. Whether the corners of the development should be considered/reviewed as multi -family apartments or single-familv condominiums. vi. Requiring 20' X 20' parking pads for the condominium units as stated in the Staff Report (Condition 1.2.101 vii. The applicant clarified at the hearing, the future Condominium units meet the 80 sq. ft. of private useable open space requirement per the UDC. .c. Key Commission Change(s) to Staff Recommendation: i. Strike condition 3.24 requesting additional parking spaces from the Fire Department. ii. Additional trees and foundation plantings shall be required per the Staff Report. iii. Amend condition 3.11: the applicant shall work with the Meridian Fire Department in determining the classification for the Brownstone units. iv. Conditions 3.23 and 4.2 striking thru the preferred location for secondary access to Mountain View High School. Gramercy Townhomes RZ CUP PP MI PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING ATE OF DECEMBER 4, 2007 SL Outstanding Issue(s) for City Council: L The applicant has submitted a revised site plan, prepared by Enyineerim Solutions, Inc., dated November 2, 2007, reflecting the Commission's recommended parking standards reauirinji the 20' X 20' pads and parldnLFstall dimensions for the multi -family units (future Condominiums). The applicant has removed one of the multi -family units, now there are 31 total. Staff has reviewed the revised site plan and finds the applicant in compliance with the City's parking standards. ii. The applicant has submitted a miscellaneous application to amend the development agreement for this site. The proposed DA modifications pertain to elevations and potential home occupations on this site. Staff has amended Condition 1.1.3, in Exhibit B. related to the proposed DA modification. 117W MAT, _, .I , 1_ I I•, 1 7TWn 71TY1711 1 '_ 1 I. 1 I I 11 1 rM I7 - r l' I' UI.; 1 I 1 1 1 I W, -le M. -, r I 1,(11' 1 1 TMUF1TXMJ=5 WA§ WWO1W11 1WRWOMM M -. 1_ I 1111 1.11 \11' I InNTUTM 1 1 1 1 1 1 1 1 1 1 1 I. i t 11 1 1 1 11. 1 1 i l l, I,• 1 I W \ 1 1 I' 1_ Ir 1_• 1111,111 _ _ uI 1, INV,%Y\ \ 1 11 1 I i I i I I I4 -TV FIMS rill I _ri M-1 1 1 1 ; 11 I 1 C I • 1 I. 1 ; VW) M '_ 244 IMST411 M WIMMUMII Ell 1 N4 I 1 , • 1 1 r1 1 1 I I i TIM I 1 1 11 I 1 I I• 1 1 II WIN4111YA1- 1_ 1. TT • 1_ IrI 1., I , !. I I I I I I I VVI LI)1 VU00J11 I 1041 1 1 1 I 1 1 1_ IM Lr I 1 I ViTW -1 1 I 1 1 U11 -MIX, I Lim 11 1 FFTWI-177111T I 11 11 11 1 1 1 1 I1 1 1 • 1 W17=0 MMUMrlll 1 1 1 1 1 1 I 1 1 =1i 1 1 1 1 IIT 1' 1� 1 1 I• I•. r l' 1 11=-,. 1• 1 1 "'- 1 1; X111.' I • 1 1 1• W I " 1 1; rill I -- 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-07- 016, CUP -07-018, PP -07-018 and MI -07-015 as presented in staff report for the hearing date of December 4, 2007 with the following modifications: (Add any proposed modifications.) Gramercy Townhomes RZ CUP PP MI PAGE 3 is CITY OF MERIDIAN PLANNINGVARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Denial After considering all staff, applicant and public testimony, I move deny File Numbers RZ-07-016, CUP -07-018 PP -07-018 and MI -07-015 as presented during the hearing date of December 4, 2007 for the following reasons: (You should state specific reasons for denial of the rezone and you must state specific reason(s) for the denial of the plat and CUP and what the applicant can do to gain your approval in the future. Continuance I move to continue File Numbers RZ-07-016, CUP -07-018, PP -07-018 and MI -07-015 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: Approximately '/a mile west of S. Eagle Road and south of E. Overland Road NE % of Section 20, T.3N., R.IE. b. Owner: Tuscany Development, Inc. 6223 N. Discovery Way Boise, ID 83713 c. Applicant: Same as Owner d. Representative: Becky McKay, Engineering Solutions e. Present Zoning: R-15 (Medium Density Residential) f. Present Comprehensive Plan Designation: Mixed Use Regional g. Description of Applicant's Request: The applicant is requesting rezoning 3.66 acres from R-15 to TN -R, preliminary plat for 38 residential building lots and conditional use permit for multi -family developments in an existing R-15 zone on four separate lots. The plat and the rezone are to allow for the future construction of 38 single family attached homes. The multi -family developments are proposed for platting as condominiums; totaling 3-2 31 units. 1. Date of Preliminary Plat (attached in Exhibit A): July 12, 2007 2. Date of Site Plan (attached in Exhibit A): July 12, 2007 3. Date of Landscape Plan (attached in Exhibit A): July 13, 2007 4. Date of Elevations (attached in Exhibit A): May 23, 2007 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 11-5A-2, a public hearing is required before the Commission and City Council on this matter. b. The subject application will in fact constitute a Conditional Use Permit as determined by City Ordinance. By reason of the provisions of UDC 11-5A-2, a public hearing is required before the Commission and City Council on this matter. c. The subject applications will in fact constitute Preliminary Plat as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 6, a public Gramercy Townhomes RZ CUP PP MI PAGE 4 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 hearing is required before the Commission and City Council on this matter. d. Newspaper notifications published on: October 1, 2007 and October 15, 2007 Commission); November 12, 2007 and November 26, 2007 (City Council) e. Radius notices mailed to properties within 300 feet on: September 21, 2007 (Commission); November 9.2007 (City Council) f. Applicant posted notice on site by: October 8, 2007 (Commission); November 24, 2007 (City Council 6. LAND USE a. Existing Land Use(s): Vacant land. b. Description of Character of Surrounding Area: This area is rapidly transitioning into a mixed use area. A wide variety of commercial uses and traditional residential neighborhoods surround the subject site. c. Adjacent Land Use and Zoning: 1. North: Vacant Land; zoned C -G. 2. East: El Dorado Business Park; zoned C -G. 3. South: Single Family Residential (Thousand Springs Subdivision); zoned R4. 4. West: Mountain View High School; zoned R4 d. History of Previous Actions: • This property was annexed and zoned (AZ -06-021) C -G and R-15 and preliminarily plat for 64 single family detached residential lots, 24 alley loaded/attached single family residential lots, 9 multi -family residential lots, 25 common lots, and 32 commercial lots on 77.66 acres in 2006. • A final plat (FP -06-048) was approved for 50 residential lots, 32 commercial lots, one city park lot and 21 common lots on 62.01 acres in 2006. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: South Wells Ave and S Accolade Ave. Location of water: South Wells Ave and S Accolade Ave E Copper Point St. Issues or concerns: Secondary Water Connection to Kiwanis Park is needed for fire flow requirements. 2. Canals/Ditches Irrigation: The Ridenbaugh Canal runs along the southern property boundary and does not impact the development of the subject sites. 3. Hazards: N/A 4. Proposed Zoning: Existing R-15 (Medium High Density Residential) for the 4 multi -family lots and proposed TN -R (Traditional Neighborhood Residential) for the proposed 38 residential building lots associated with this preliminary plat application. 5. Size of Property: 5.74 acres in total f. Landscaping 1. Width of street buffer(s): N/A (35' landscape buffer along Overland Road approved with the Gramercy Townhomes RZ CUP PP MI PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Gramercy final plat.) 2. Width of buffer(s) between land uses: N/A (UDC does not require buffers between residential uses). 3. Percentage of site as open space: Approved with the Preliminary and Final Plat associated with the site. As part of the above mentioned approvals, all amenities were also approved. 4. Other landscaping standards: See UDC 11-4-3-27F, Landscape requirements for Multi -family Developments. g. Amenities: Amenities for the subject site were previously approved with the preliminary and final plats associated with the Gramercy Subdivision. The following amenities are include: multi- use pathway along the west and south side of the site, a pocket park with a dog area and water feature and a grassy area of at least fifty feet by one hundred feet in size incorporating picnic areas for the future residents. h. Off -Street Parking: UDC 11-3C-6 requires multi -family dwellings with more than 1 bedroom to have 2 parking spaces per dwelling unit in a covered carport or garage. The applicant has stated that the multi -family units are proposed to be platted as condominiums in the future; the 38 proposed building lots will be constructed with attached townhomes. If the multi -family units are platted for condominiums, the applicant will be responsible for providing a 20' X 20' pad in front of the garages of the proposed buildings as well as at the rear of the townhomes. UDC 11-3C-6 requires all single-family homes to be provided with a 20' X 20' garage and a 20 X 20' parking pad. The Applicant is showing some visitor parking on the multi-family/condo sites. The referenced parking stalls shown on the site plan should be to the standard dimension of 9' X 19' per UDC. However, the parking stalls can be reduced by two feet if an additional two feet of landscaping or sidewalk is added to allow for vehicle overhang. i. Required Dimensional Standards for Multi -family Residential Use in the R-15 Zone, per UDC 11-4-3 -27 and 11-2A-7: 1. Minimum Building Setback: 10 feet 2. Minimum Rear Setback: 12 feet 3. Minimum Side Setback: 5 feet 4. Maximum Building Height: 40 feet Required Dimensional Standards for the TN -R District, per UDC 11 -2D -6A: 1. Minimum Building Setback: 10 feet 2. Minimum Rear Setback: 18 feet if alley width is 20 feet 3. Minimum Side Setback: 0 feet for attached units 5 feet for property lines adjoining unattached walls 4. Minimum Side Street Setback: 10 feet 5. Maximum Building Height: 40 feet j. Summary of Proposed Streets and/or Access: Access to the proposed development will be from E. Overland Road with connectivity into the residential portion of the development from S. Wells Avenue. The internal public streets system has been previously approved with the preliminary and final plats associated with this site. 7. COMMENTS MEETING On September 28, 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 Gramercy Townhomes RZ CUP PP MI PAGE 6 is CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use — Regional" on the Comprehensive Plan Future Land Use Map. The existing Medium High Density Residential and proposed Traditional Neighborhood Residential zoning district, R-15, is compatible with this designation. The Mixed Use Regional (MU - R) land use designation is anticipated to contain 3 to 40 dwelling units per acre (see Page 103 of the Comprehensive Plan). The proposed Site Plan depicts 38 single family attached homes and 32 31 multi -family units on 5.74 acres for a gross density of .lam 12.02 dwelling units/acre. The proposed density complies with the anticipated density for this area. 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. ➢ The subject lands currently lie within 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 Meridian Police Department (MPD). ➢ The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. ➢ The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. ➢ The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter V, Goal I, Objective A, Action 4 — Develop and maintain greenbelts along waterways. The applicant has constructed a 10 foot multi -use pathway along the southern boundary along the Ridenbaugh Canal and provided connectivity to the path to use for recreational purposes. • Chapter VII, Goal IV, Objective C, Action 1: Protect existing residential properties from incompatible land use development on adjacent parcels. Gramercy Townhomes RZ CUP PP MI PAGE 7 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 The residential development to the South is single family residential and zoned R-4. Although the subject project is denser than any of the adjacent projects, it does provide a transition between the commercial project to the north and the single-family homes to the south. Staff believes that multi family development is a compatible land use based on the Comprehensive Plan land use designation. • Chapter VI, Goal II, Objective A, Action 3: Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land -use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications generally comply with the applicable policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 6: Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. Future connectivity for the commercial portion of this development was approved with previous applications. However, there is only one ingress/egress from S. Wells Avenue into the proposed residential portion of the development. Staff believes an additional access point should be provided to Mountain View High School located west of the site. Said street should be constructed as 24 foot drive aisle providing connectivity for the future residents of the development. • Chapter VI, Goal II, Objective A, Action 5: Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. As part of a previous approval, a multi -use pathway has been constructed along he Ridenbaugh Canal and extends along the western boundary providing pedestrian connectivity to the proposed development, the school site, the proposed park site, and continues thru the development providing internal connectivity as well. This same pathway also provides a recreational amenity for the future residents of the development. • Chapter VII, Goal IV, Objective C, Action 6: Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See analysis above. • Chapter VII, Goal V, Objective A, Action 7: Continue promoting quality mixed-use developments in accordance with the Future Land Use Map. The applicant is proposing a unique product mix for this development. The development will include M 31 multi family units proposed to be platted as condominiums and 38 townhouses with alley loaded garages with a first floor work space allowing the owners the opportunity to workfrom home in accordance with UDC 11-4-3-21. Staff believes this diversity will benefit the community by reducing vehicular trips and develop the area as a work live community. Gramercy Townhomes RZ CUP PP MI PAGE 8 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Staff recommends that the Commission provided at the public hearing when appropriate for this property. 9. UNIFIED DEVELOPMENT CODE rely on any verbal or written testimony that may be determining if the applicant's development request is a. Schedule of Use Control: Unified Development Code (UDC) 11-2A-2 lists multi -family developments as a conditional use in the R-15 zoning district. Specific Use Standards (UDC 11- 4-3-27) apply to multi -family developments; please see Section 10, Analysis below for more information. b. Purpose Statement of the Residential Districts: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. 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 TN -R zoning district. Townhomes are listed as permitted uses (P) in the TN -R zone. d. Purpose Statement of the Traditional Neighborhood District: The purpose of the TN -R district is to provide for a variety of residential land uses including attached and detached single family residential, duplex, townhouse and multi -family. A TN -R district includes open spaces and promotes pedestrian activity through well designed and varied streetscapes that also provide for the safe and efficient movement of vehicular traffic. Most dwelling units should be accessed from alleys. The density in the TN -R zoning district at a minimum should be eight dwelling units to the acre and not exceed 15 dwelling units to the acre. e. Multifamily Development (UDC 11-4-3.27): The following standards shall apply for the multifamily units, including standards for Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Site design (UDC 114-3.27B): The building shall provide a minimum setback of ten feet unless a greater setback is otherwise required by this title. Building setbacks shall take into account windows, entrances, porches and patios and how they impact adjacent properties. All site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from the public street. A minimum of 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. For the purposes of this Section, vehicular circulation areas, parking areas and private useable open space shall not be considered common open space. The parking shall meet the requirements set forth in Chapter 3 of this Title. Developments with 20 units or more shall provide the following: a property management office, a maintenance storage area, a central mailbox location, a directory and map of the development at an entrance or convenient location for those entering the development. Common open space design requirements (UDC 11-4-3.27C): Gramercy Townhomes RZ CUP PP MI PAGE 9 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 A minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. Site development amenities (UDC 114-3.27D): All multifamily developments shall provide for quality of life, open space and recreation amenities to met the particular needs of the residents as follows: a) Quality of Life (clubhouse, fitness facility, enclosed bike storage, and public are such as a statue); b) Open Space (open grassy area of at least 50 by 100 feet in size, community garden, ponds or water features, and plazas); and c) Recreation (pool, walking trails, children's play structures, and sports courts). The number of amenities shall depend on the size of the multifamily development as follows: For multifamily developments with 75 units or more, 4 amenities shall be provided, with at least 1 from each category. For multifamily developments with more than 100 units, the decision-making body shall require additional amenities commensurate to the size of the proposed development. Architectural Character (UDC 11-4-3.27.E): All building elevations shall have a minimum portion of the elevation devoted to architectural features designed to provide articulation and variety. These features shall include, but are not limited to windows, bays and offsetting walls that extend at least two feet; recessed entrances; and changes in material types. Changes in material types shall have a minimum dimension of two feet and minimum area of 25 square feet. Main entrances, which are the primary point(s) of entry where the majority of building users will enter and leave, shall be designed as an obvious entrance and focal point of the building through architectural treatment, lighting, and address identification. Entrances shall be adequately covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. Roof forms shall be distinctive and include variety and detail when viewed from the street. Sloped roofs shall have a significant pitch. Flat roofs should include distinctive cornice treatments. Exterior building materials and finishes shall convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and tile are encouraged. Windows are required to allow views to exterior activity areas or vistas. Windows shall be provided on any building facing any common area used for children's recreation. All roof and wall -mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. Gramercy Townhomes RZ CUP PP MI PAGE 10 4 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Landscaping (UDC 114-3.27.F): Development shall meet the minimum landscaping requirements in accord with Chapter 3 of this Title. All street -facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: The landscaped area shall be at least three feet wide; for every three lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches shall be planted; and groundcover plants shall be planted in the remainder of the landscaped area. Maintenance and Ownership (UDC 114-3.27.G): All multifamily developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, and other development features. Outdoor storage/refuse areas (UDC 11-3A-12): Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: REZONE ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the Future Land Use Map designation of Mixed Use — Regional, Staff believes that the requested TN -R zone is appropriate for the subject property. Please see Exhibit D for a detailed analysis of the required facts and findings for a rezone. The rezone legal description submitted with the application (stamped on July 26, 2007 by D. Terry Peugh, PLS) is accurate and meets the requirements of the City of Meridian and Idaho State Tax Commission. UDC 11 -5B -3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement (DA) with the City of Meridian that may require some written commitment for all future uses. As part of annexation into the City, the developer was required to enter into a development agreement for the site; recorded under instrument # 106141056. Live -Work Units: As mentioned above, the applicant is proposing a preliminary plat for some townhome lots in the TN -R district. The future units on these lots are designed to have a work space below the residential living portion that is above. Staff is supportive of this concept, but is concerned that the work area of the brownstoneshownhomes may contain intense uses that may not be appropriate for this area. Therefore, prior to review by the City Council, Staff is recommending the applicant submit a DA modification listing the proposed limited non- residential uses that may occur as part of the home occupational uses in the townhomes. MISCELLANEOUS APPLICATION ANALYSIS: After the Planning and Zoning Commission hearing, the applicant did submit a miscellaneous application to modify the existing development agreement for this site. The modification is to serve two purposes; the first is to tie Gramercy Townhomes RZ CUP PP MI PAGE I 1 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 the developer to the submitted elevations and the other is to list the permitted and prohibited home occupational uses within the Brownstone units. The applicant is proposin that hat any home occupation use adhere to section 114-3-21 of the UDC which outlines the requirements of home occupations The applicant has stated the allowed and intended uses will be restricted to professional office (i.e. architect accountant attorneys art studio (i.e. photography, artist) and gpeciWly retail (i.e. custom jewelry, crafts) Prohibited uses related to the Brownstones (Live/Work units) include restaurants personal service shops (i.e. nail salon, hair salon tanning) medical offices retail stores and uses that would generate high volumes of traffic to the residential portion of the development The developer has provided excellent pedestrian connectivity throughout this mixed use development which would allow the owners and customers access to more intense commercial uses north of the Brownstone units Staff is supportive of the suggested permitted and prohibited uses and has conditioned them as such in Exhibit B of the Staff ReportFurther, staff is generally supportive of the submitted elevations. Please see Exhibit B of the Staff Report for the proposed changes to the existing; DA for Gramercy_ CONDITIONAL USE PERMIT ANALYSIS: Multi -family Standards: The UDC has several specific standards that apply to multi -family developments (See Section 9 above for a complete list.) These standards apply to Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Below are some of the multi -family and general design standards that the applicant should be required to comply with. Site Plan: There are four separate parcels that multi -family buildings are being proposed on. Each of these parcels has different building groupings, different number of units and parking dimensions. The buildings are grouped in 3, 4 and 5 units; all parcels contain 2 buildings. There are 32 31 units overall. Except for the parking (see below), Staff is generally supportive of the proposed site plan. Secondary Access: There is only one public street serving this portion of the Gramercy development. The Meridian Fire Department has commented that they need an additional ingress/egress point into this area. Further, there is no vehicular inter -connectivity with Mountain View High School, directly to the west. Ideally, a vehicular connection would occur between the school and all of these proposed dwelling units. However, if this requirement were made now, it would cause the applicant to re -design a portion of the project to accommodate an access to the west. Staff recommends that the Commission and Council decide where emergency access should be provided. Landscaping: As mentioned above, the entire perimeter landscaping and landscape buffers were approved with the preliminary and final plats associated with the Gramercy Subdivision. The applicant is proposing to landscape all four multi -family lots with sod and trees along the street frontages. The landscape plan prepared by Harvest Design, dated 7-13-07, labeled Sheets L-1, 4, 5, 6 substantially complies with the requirements of the UDC. Staff recommends that the following modifications/notes be made to the plan: Staff believes the applicant should provide additional 2" caliper trees every 35' along the remaining three sides of the perimeter. In addition the applicant should also comply with the multi -family development landscaping standards requiring 3 foot wide landscape areas along the foundations facing the streets in accordance with UDC 11-4-3-27F. Additional trees should also be planted in the planter islands located along the parldng pads in the front of the buildings. If the above noted changes are made, Staff believes that the proposed landscaping is sufficient for this project. Gramercy Townhomes RZ CUP PP MI PAGE 12 40 CITY OF MERIDIAN PLANNING VARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Private Useable Open Space: UDC 11-4-3-27B requires a minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. The floor plans submitted with the application does not reflect the minimum 80 square feet of private useable open space. However the site does indicate patios adjacent to the rear of development on lot 26 of Block 3. Staff believes the applicant should prove the remainder of the multi -family dwelling units complies with this UDC requirement. The applicant should verify during the public hearing if this requirement is being complied with, as is not reflected on the submitted site plan. Parking: UDC 11 -3C -6A requires single-family attached dwelling to have a garage and a 20' X 20' parking pad in front of the units. The applicant is proposing 2 -car garages and parking pads for the townhome units. UDC 11 -3C -6A also requires multi -family dwellings with one bedroom to provide two spaces, one covered and one uncovered and 2 or more bedrooms to have a two - car covered carport or garage for each unit. The submitted site layout does propose garages for each of the multi -family units. However, the pad areas in front of the garages vary from unit to unit and do not meet the 20' X 20' requirement. If the multi -family developments are platted for condominiums in the future, the applicant should be responsible for providing a 20' X 20' pad in front of the garages of the proposed buildings. The proposed parking spaces for the multi -family development should conform to the dimensional requirements of the UDC. The submitted site plan shows the visitor parking stalls dimensions at 9' X 17' and UDC requires standard parking stalls to be 9' X 19'. However, the parking stalls can be reduced by two feet if an additional two feet of landscaping or sidewalk is added to allow for vehicle overhang. Staff recommends the applicant revise the site plan prior to the submittal of a CZC application. Amenities: As stated above all of the amenities for the subject site were approved with the Gramercy Subdivision. Staff believes there are sufficient amenities to support the new residential developments being proposed. The amenities include a multi -use pathway along the west and south side of the site, a pocket park with a dog area and water feature and a grassy area of at least fifty feet by one hundred feet in size incorporating picnic areas for the future residents. Staff recommends that the Commission determine if the approved amenities are appropriate for a development of this size. During the public hearing, the applicant shall verify a time line as to when the amenities will be constructed. Elevations: The applicant is proposing several different structures on this site. The Brownstone units will be attached Townhomes consisting of 4 and 5 units. The multi -family (future condominium) buildings range from 3 2 units to 5 units and will be located on four separate parcels. Both of the product types are shown to be constructed of Stucco with brick or stone accents and be painted in earth tone colors. UDC 11-4.3 requires multi -family structures to comply with specific design standards. Staff believes that the elevations submitted with the CUP significantly meet the requirements of the design standards listed in UDC 11-3A-19. Exterior building materials and finishes should convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and tile are encouraged. Staff approves of the submitted elevations however a DA modification should be recorded to ensure the proposed buildings will be constructed as submitted (See Analysis in the Annexation section above). Gramercy Townhomes RZ CUP PP MI PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Pedestrian Pathways: As part of a previous approval, a multi -use pathway has been constructed along the Ridenbaugh Canal and extends along the western boundary providing pedestrian connectivity to the proposed development, the school site, the proposed park site, and continues thru the development providing internal connectivity as well. This same pathway also provides a recreational amenity for the future residents of the development. Pathways should be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-3B (landscaping). Multi -family Setbacks: The UDC requires a 10 -foot landscape buffer to the perimeter. The UDC does not have a specific setback between internal multi -family units. The submitted site plan indicates some of the proposed buildings with a 5' setback. As long as a 10 foot setback is made to the perimeter lot lines of the overall Kenai/Gramercy project, other internal setbacks do not need to comply with the R-15 district requirements. Refuse Areas: The Sanitary Services Company (SSC) has commented in regards to the tote locations. SSC is requiring pads next to the public street, where all of the units can bring their garbage cans. This way SSC does not have to drive down the private drive aisles. SSC's comments and conditions are referenced below in Exhibit B. Open Space: All open space was approved with the preliminary and final plats associated with the Gramercy Subdivision. UDC 11-4-3.27C requires a minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Staff believes the approved open space is sufficient for the proposed development. The units for the proposed multi -family developments range in size from 1,908 square foot units to 2,173 square foot units. The UDC requires 350 square feet for each unit containing more than 1,200 square feet of living area. The multi -family developments are proposing a total of M 31 units. The minimum amount of open space required per code for all of the proposed multi -family developments is 11,200 sq. ft (32 X 350 sq. ft.). The applicant does not meet this requirement. However, staff believes the open space and amenities approved with the Gramercy Subdivision should comply with the open space requirements for the multi -family developments. Maintenance of all common areas should be the responsibility of the Home Owners' Association(s). Staff believes that the open space proposed complies with the UDC. Fencing: Perimeter fencing is not being proposed with this CUP application. Temporary fencing should be constructed to contain debris on the site. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. PRELEMIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Gramercy Townhomes RZ CUP PP MI PAGE 14 1 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Code, Staff believes that this is a good location for the proposed single-family attached residential development. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Dimensional Requirements of the TN -R zone per UDC Table 11-2D-6: The TN -R district does not have dimensional requirements for property size and street frontage. The proposed lot sizes range from 2,376 square feet to 6,451 square feet. All lots shall meet the minimum setback & maximum building height requirements stated in UDC 11-2D-6 and #6i above. The TN -R zoning district also requires a minimum of two housing types for any subdivision submittal. The residential portion of the Gramercy Subdivision was approved for different product mixes within the development. They include single detached homes, multi -family development and townhomes. Staff believes the applicant is contributing to the product mix of the development and at build out the development will meet the intent of this UDC requirement. Landscaping: The landscape plan submitted for this project, prepared by Harvest Design, labeled Sheet LS 2 & 3, dated July 13, 2007 shall be modified as follows: As mentioned above, all of the perimeter landscaping and landscape buffers were approved with the preliminary and final plats associated with the Gramercy Subdivision. The applicant is proposing to landscape the proposed TN -R lots with sod and trees. The submitted landscape plans indicates only two species of trees are to be planted within the proposed development. Staff encourages the applicant to provide a variety of species mix to add to the overall quality of the project. Staff believes additional trees should be planted internally between the structures. Additional trees should also be planted in the planter islands located along the parking pads in the rear of the buildings. Staff also recommends providing 3' wide landscape areas adjacent to foundations located on street frontages planted with low lying shrubs and groundcover. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the CZC application(s) for the brownstone/townhouse buildings. Common Areas/Open Space: All common areas and open space were approved with the Preliminary and Final Plats of the Gramercy Subdivision. Maintenance of all common areas shall be the responsibility of the Gramercy Subdivision Homeowners Association. Drainage: Seepage beds for stormwater drainage are shown on Lot 4, Block 2 and Lot 5, Block 3. No trees shall be planted over the seepage beds. All storm drainage facilities shall comply with the standards listed in UDC 11-3B-11, Stormwater Integration. NOTE: Applicant shall be aware that infiltration ponds for ACRD public streets require exposed filter sand. This sand area does not count toward the City of Meridian's open space requirements. Other provisions to meet vegetated open space requirements must be made when ACRD pond designs incorporate exposed filter sand. Proposed Streets and/or Access: All access points and streets were approved with the Preliminary and Final Plats of the Gramercy Subdivision. Gramercy Townhomes RZ CUP PP MI PAGE 15 0 CITY OF MERIDIAN PLANNINGARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 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, a single - point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 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. Fencing: If permanent perimeter fencing is not installed, temporary construction fencing should be installed prior to issuance of building permits for the subdivision. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of-way. All fencing shall be installed in accordance with UDC 11-3A-7. b. Staff Recommendation: Based on the above analysis, Staff finds that applications RZ-07-016, CUP - 07 -018, PP -07-018 and MI -07-015 substantially conform to the Comprehensive Plan policies and UDC standards. Staff is recommending approval of the proposed Gramercy Townhomes (RZr07-016, CUP -07-018, PP -07-018 and MI -07-015) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning & Zoning Commission heard these items on October 18.2007. At the public hearing they moved to recommend approval of the subiect IM PP. CUP applications. Note: The Commission did not make a recommendation on the Development Agreement modification request- (AIL 1he Meridian City Council heard these items on December 4, 2007, At the public hearing e Council approved the subject R7,. PP. CUP and MI app ication 11. EDITS A. Drawings 1. Vicinity Map 2. Site Plan (dated: July 12, 2007) 3. Preliminary Plat (dated: July 12, 2007) 4. Landscape Plan (dated: July 13, 2007) 5. Townhome and Condominium Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Gramercy Townhomes RZ CUP PP MI PAGE 16 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 A. Drawings 1. Vicinity Map i r �y rr o �s -- 1 �s owl man morli WHO now 1i �+�� WE�� ♦'r � �i�'■�'3%��%►�� moon/ins s�► s• �: gin■■■■ � :�r►�'�� �■ GRAMERCY TOWNHOME SUBD, Exhibit A 0 CITY OF MERIDIAN PLANNINAPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 2. Site Plan tio0"� �� �'{w��� (mryy�pp��ma9..���ro ,,�,!!����Ypo aaw L" `^ � 0°�f01m°�mrm�s+xi '/nmYtY��dM+�■m�a 9 q ■� Ait4 OLLiLfKf i®�V�im � ry■�q yam( �- 9TBp91YOl6Y L0 4lf/BLL 'lUY1111Y �''�/� �.�name 11 van # 0 a e ■ 9 romp oil�g # f###I### ON U-4 plan# Exhibit A 0 CITY OF MERIDIAN PLANNING IPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 3. Preliminary Plat 11 ■ Si i i 1 s: � - fro 0!� Til r�RIL�!i 91, — — -111 { Hq i t �gy j $E } 9 Exhibit A W `cc p a. 0 CITY OF MERIDIAN PLANNING 0 PARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 4. Landscape Plans Exhibit A 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 1 Exhibit A To"am Fv-j�j Iilit7il h 0 CITY OF MERIDIAN PLANNING IPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Exhibit A V 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Exhibit A 4 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 g � a I L -j raDuw, �DAuo Tt CAW DEVELOPMENT, W - Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Exhibit A s MEI�IDIra1V, IDAHO tU3GAN7 DEYELdP✓MENT, ML. Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 5. Elevations IBrownstones (Live/Work Units) I Multi -Family Development (Future Condominiums) ko- Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 REZONE/DEVELOPMENT AGREEMENT COMMENTS/PROVISIONS 1.1.1 The rezone legal description submitted with the application (prepared on July 26, 2007, by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of permit submittal. 1.1.3 Prior to the rezone ordinance approval, an addendum to the existing Development Agreement (DA) for the site (Instrument No. 106141056) shall be accomplished between the City of Meridian and the property owner(s) (at the time of rezone ordinance adoption). Apphea shag submit fair a "b - Development ' M dif ti The addendum shall incorporate at least the following: • Add to Section 4 "Uses permitted by this agreement," item 4.3 limiting non-residential uses that may occur as part of the home occupational uses in the townhomes/brownstones. 4 - The home occupational uses within the Brownstone (Live/Work units) shall adhere to the home occupation r_eauirements in accordance with UDC 114-3-21. • Add item 4.4 - Permitted home occupation uses shall include: professional offices (i e_ attorney, accountant architect) art studio (i.e. photography, painting granhic design) an d s ecialty retail (i.e. custom jeweiryads and crafts). • Add item 4.5 - Prohibited home occupation uses shall include restaurants coffee shops_ food preparation personal service (i,e, hair, tanning nail salons), retail and any other uses that create high volumes of traffic into the residential portion of the development + Add item 4.6 - fApplie fft to P :de a list ,.f....,.t ibit®a and pefmit4ed uses withthe appheation te he — '4 ewed by staff and the 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 (See Exhibit A5 of the Staff Report). 1.2 CONDITIONAL USE PERMIT CONDITIONS 1.2.1 The site plan, prepared by Engineering Solutions, Inc., dated July 12, 2007, is approved, with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ-07-016) and Preliminary Plat (PP -07-018) applications shall also be considered conditions of the Conditional Use Permit (CUP -07-018). 1.2.2 The landscape plan prepared by Harvest Design., on July 13, 2007, is approved with the following modifications/notes: • Per UDC 11-4-3-27, all street facing elevations shall have landscaping along the foundation for the multi -family units as follows: ➢ The landscaped area shall be at least 3 -feet wide; ➢ For every 3 linear feet of foundation, an evergreen shrub having a minimum mature height of 24 inches shall be planted; and Exhibit B CITY OF MERIDIAN PLANNING •ARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 ➢ Ground cover plants shall be planted in the remainder of the landscaped area. • Additional 2" caliper trees spaced every 35' shall be planted along the entire perimeter within all four multi -family parcels with a minimum of four species of trees. Trees shall also be planted in the planter islands of adjacent to the parking pads located in front of the buildings. • A written certificate of completion shall 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. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the Certificate of Zoning Compliance application(s). 1.2.3 All parking stalls shall meet the dimensional requirements in accordance with UDC 11-3C-5. 1.2.4 Provide at least 80 square feet of private, useable open space, such as a patio or balcony/deck, for each multi -family dwelling unit in accordance with UDC 11-4-3-27B-3. 1.2.5 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, private streets, and other development features. 1.2.6 A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all of the multi -family units within this development. All structures must substantially comply with the elevations submitted with the CUP and the architectural standards listed in UDC 11-4-3- 27E for multi -family developments. NOTE: A CZC application may include one or more multi- family units on a lot/parcel. 1.2.7 As determined by the Planning Director, the multi -family buildings constructed on this site shall substantially comply with the renderings submitted to the City with the CUP application, and as modified by the conditions of approval herein. All roof and wall -mounted mechanical, electrical, communications, and service equipment shall be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. Further, all buildings shall comply with the architectural standards of UDC 11-4-3.27E. 1.2.8 All signage for the site requires approval of a sign permit. All signage must comply with UDC 11 -3D -8I and 1 I -3D-10, Table 2, for subdivision identification signs. 1.2.9 Provide temporary fencing around the perimeter of the building sites to contain debris during construction and shall be installed around the residential portion of the site prior to release of building permits. 1.2.10 If the buildings are to be platted as condominiums in the future, the applicant shall construct a 20' X 20' parking pad in front of all garages in the multi -family portion of the development. 1.2.11 Building setbacks, separation between proposed structures shall comply with the Building Code and Fire Code. Provide a minimum 10 foot setback to all project perimeters (as measured to the limits of Kenai/Gramercy, not each individual lot). Exhibit B CITY OF MERIDIAN PLANNINGIPPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 1.2.12 Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.2.13 Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. 1.2.14 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3 PRELIMINARY PLAT 1.3.1 The Applicant shall comply with all conditions of approval for Annexation (AZ -06-012), Preliminary Plat (PP -06-019), Final Plat (FP -06-048) and Development Agreement (instrument # 106141056) for the Gramercy Subdivision. 1.3.2 The Preliminary Plat, prepared by Engineering Solutions, Inc., dated July 12, 2007, is approved, with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ- 07-016) and Preliminary Plat (PP -07-018) applications shall also be considered conditions of the Conditional Use Permit (CUP -07-018). 1.3.3 The landscape plan prepared by Harvest Design., on July 13, 2007, is approved with the following modifications/notes: • The submitted landscape plans indicates only two species of trees are to be planted within the proposed development. The applicant shall provide a minimum of 4 different species of trees to be planted within the Brownstone development. • Additional 2" caliper trees shall be planted internally between the Brownstone structures. Additional trees shall also be planted in the planter islands located along the parking pads in the rear of the buildings. • 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. 1.3.4 A Certificate of Zoning Compliance is required prior to issuance of a building permit for any townhouse/brownstone units within this development. All structures must substantially comply with the elevations submitted with the preliminary plat. Because these are single-family lots, the final plat must be recorded prior to the issuance of a CZC for the Brownstones. NOTE: A CZC application may include multiple/all Townhome units within the development. 1.3.5 Staff's failure to cite specific ordinance provisions or terms of the approved rezone, preliminary plat and conditional use does not relieve the applicant of responsibility for compliance. 1.3.6 All development within the TN -R district shall conform to the dimensional standards per UDC 11-2D-6. Exhibit B • CITY OF MERIDIAN PLANNINGDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in South Wells Ave, S Accolade Ave and E Copper Point St. The applicant shall install all mains to and through this development; 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 South Wells Ave, S Accolade Ave and E Copper Point St. 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 west shall be provided to allow for a future looped system, it shall be covered by a standard City of Meridian easement. 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 finalized 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 a pre -construction meeting. 2.8 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.9 All existing structures not meeting setbacks or the dimensional standards of the UDC shall 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. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 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- domestic purposes such as landscape irrigation. 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. 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, micro -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 comply 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. 2.22 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. 2.23 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. 2.24 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 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. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 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. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 Building setbacks shall be per the International Building Code for one and two story construction. 3.8 Maintain a separation of 5' from the building to the dumpster enclosure. 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 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. Full NFPA 13 sprinkler system will be required for the proposed Townhomes. The applicant shall work with the Meridian Fire Department in determining the classification for the Brownstone units. 3.12 There shall be a fire hydrant within 100' of all fire department connections. 3.13 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.14 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than %2 the diagonal measurement of the full development. The applicant shall provide a stub street to the property to the (west/east/north/south). 3.15 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.16 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). Exhibit B • CITY OF MERIDIAN PLANNINGIPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.17 ]Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.18 The proposed multi -family lots have an estimated 32 units with a total estimated population of 80 residents at build out. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.19 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). Monument signs located at the entrances of the proposed multi -family developments shall be used for address referencing of the properties. 3.20 For all Fire Lanes provide signage "No Parking Fire Lane". 3.21 The entrance to the alley from the public street shall provide a minimum twenty-eight foot (28') inside and forty-eight foot (48') outside turning radius. No parking shall be allowed on either side of the street within fifty feet (50') of the alley entrance as measured from the centerline of the alley. The minimum rear setback for alley accessed properties shall be 20 feet to the garage if the alley width is 16 feet or 18 feet to the garage if the alley width is 20 feet. 3.22 Multi -Family and Commercial projects shall be required to provide additional 60" wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code complaint Handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for details per IFC Section 504.1. 3.23 The applicant shall provide a secondary access to/from the site. with the pmfemd eeaffeefien to The location of the secondary access point to/from the site shall be located as proposed by the applicant on the hearing date of December 4. 2007: agreed upon by the Fire Department and the Police Department. e Lets ni 'fes i 56, 77 4. POLICE DEPARTMENT 4.2 The applicant shall provide a secondary access to/from the site. Mountain View High The location of the secondary access point to/from the site shall be located as proposed by the applicant on the hearing date of December 4. 2007: agreed upon by the Fire Department and the Police Department. Exhibit B CITY OF MERIDIAN PLANNINGIPARTMENT STAFF REPORT FOR THE HEARING ATE OF DECEMBER 4, 2007 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICE COMPANY 6.1 Turning Radius: the applicant shall provide a minimum of 50 ft. turning radius. 6.2 SSC will not provide trash pick-up services utilizing the common driveway. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 6.3 Provide a minimum 28' inside and 48' outside radius for all alleys and private streets, where they intersect a public street. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC COMMENTS 7. 1.1 Prior to final approval you will need to submit construction plans to ACHD Development Review Department to insure compliance with the conditions identified above or for traffic impact fee assessment. This is a separate review process that requires direct plans submittal to the development review staff at the highway district. 7.1.2 A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning and Development service at 387-6170 for information regarding impact fees. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito -breeding problem. 8.4 Central District Health will require plans be submitted for a plan review for any: food establishments, grocery store, beverage establishment and child care center. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 C. Legal Description & Exhibit Map IDAHO SURVEY GROUP 1450 Em Watertowver St Suite ISO rte, Who 83642. Mane M 845.8570 Fox 9M 884-5399 July 26, 2007 Proposed Merldian TNR zone Gramercy Subdivision A parcel of land located in the West A of the NE 14 of Section 20, T.3N., R. IE., B M., Meridian, Ada County, Idaho, more particularly as follows: Commencing at the North 1/4 comer of said. Section 20, from which the Northeast corner of said section bears North 89°46'02" East, 2656.98 feet; thence along the west line of the NE Y4 of said Section 20 South 00°244'04" West, 1591.32 feet; thence South 89°35'56" East, 265.00 feet to the RFAL POINT OF BEGINNING. Thence continuing South 89'35'56" East, 758.14 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 WWW, and a long chord bearing South 44035'56' East, 3536 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 arc of a curve to the right, said curve having a radius of 20.00 feet, a delta angle of 90°00'00", and a long 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 44135'56" West, 28.28 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 90000'00 and a long choral bearing North 45024'04" East, 35.36 feet to the Point of Beginning. Containing 3.66 acres, more or less. R sv ROVAL SEFL7,7 MERMIAN PLMUC @FORKS DEPT. 60615 -b=one. c ro¢ass8onal Sand Surveyors Exhibit C • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 SASS OF ANG 17 1/4 N 89WO21E 2659.88' E me 1T 18 — ,._.�._._. _._._._._._._.------ By _ • 271 21 A SEP'p1'n i 1 1MERflMN PUBLIC WORKS OEPT. i dg � I OpOS�O p.N0.1 F F � 1 F F I( I 1 S Bmssl S efsefift 7% ' C I I j; PROPOSED TNR ZOPIE - 3.88 ACRES N F � ,• N 83'35`sn 76@.14' F F I S F i C11 X RAMS DELTA ARC MW CNORD CNORD ERG Cl 25.00 x'00° 39M MOD 35.36 N 9524'04 E C2 MM 90'OD'Or 39.27 25.W 3,5.38 S 443,5'56' E C3 20M WOWOO' 31.42 20.E 262$ S 4524'04 W SCALE 1"=200 PROPOSED TNR ZONErr�r M.0ATE 07/28/07 bkb E GINEERI/t�({�ir PM. NO. 60615 GRAMERCY SUBDIVISION ! UTIONSup 1 OF 1 LOCATED IN THE NE 1/4 OF SECTM 20, T—V, R.1E., SIC1028 N. R{1SARI0 STREET, 842 1oD 4mlLwzuc IAF.RIOIAN, AOA COUNTY, fDANO w (2 0 (esa-Wl Exhibit C 0 CITY OF MERIDIAN PLANNINGOEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to rezone 3.66 acres from R-15 to TN -R. 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 established regulations and purpose statement of the TN -R 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 any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment should not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). This finding is not applicable to the subject rezone request. 2. Conditional Use Permit Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that if the site is designed according to the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-15 district and the multi -family Specific Use Standards. Exhibit D CITY OF MERIDIAN PLANNINGIPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed multi -family residential use in the existing R-15 zone meets the objectives of the Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the proposed multi -family development is compatible with other uses in the general area and will not adversely change the character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department and other agencies. L That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The City Council recognizes the fact that traffic and noise will increase with the approval of this development; however, the City Council does not believe that the amount generated will be detrimental to the general welfare of the public. Exhibit D CITY OF MERIDIAN PLANNINGOPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural 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. 3. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-maldng body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council fords that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed density and proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council fords 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 fords 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, ACHD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and 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. Exhibit D CITY OF MERIDIAN PLANNINAARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 6. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic, or historic features on this site. Therefore, the City 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 D December 14, 2007 CUP 07-018 MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT Tuscany Development, Inc. ITEM NO. 5-F REQUEST Findings for Approval — Request for Conditional Use Permit for 31 multi family dwelling units on 4 lots in an existing R-15 zone on 2.93 acres for Gramercy Townhome SubdMsilon — south of East Overland Road and west of South Eagle 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 adtached Findings 1 - Date: ,' / -110.7 Phone: Staff Initials: W Materials presented at public meetings shall become property of the City of Meridian. 0 DEC I�200' City Of Meridian City Clerk Office CITY OF MERIDIAN awl IDIAN�� FINDINGS OF FACT, CONCLUSIONS OF LAW AND IDAHO DECISION & ORDER In the Matter of Rezone of 3.66 acres from R-15 (Medium -High Density Residential) to TNR (Traditional Neighborhood Residential); Preliminary Plat approval of 38 residential building lots on 2.81 acres in a proposed TN -R zoning district; Conditional Use Permit for 31 multi -family residential units on 4 parcels in an existing R-15 zone on 2.93 acres; and Miscellaneous application to modify the exiting Development Agreement (Instrument # 106141056) for the Gramercy Subdivision listing the permitted and prohibited home occupational uses within the Brownstones and ensure the Brownstones and future Condominiums are constructed as shown with the submitted elevations, by Tuscany Development, LLC. Case No(s). RZ-07-016, PP -07-018, CUP -07-018, MI -07-015 For the City Council Hearing Date of. December 4, 2007 (Findings on the December 18, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 4, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 4, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 4, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 4, 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-016, PP -07-018, CUP -07-018, MI -07-015 -1- • Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 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, Site Plans, and the Conditions of Approval all in the attached Staff Report for the hearing date of December 4, 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 Preliminary Plat as evidenced by having submitted the Preliminary Plat dated July 12, 2007 is hereby conditionally approved; 2. The Applicant's Rezone request, as evidenced by having submitted the legal description and exhibit map, stamped and dated July 26, 2007, by D. Terry Peugh, PLS, is hereby conditionally approved; 3. Development Agreement Addendum is required with approval of the subject Rezone application and shall include the provisions noted in the attached Staff Report for the hearing date of December 4, 2007, incorporated by reference; 4. The applicant's Site Plan as evidenced by having submitted the Site Plan dated November 2, 2007 is hereby conditionally approved; 5. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of December 4, 2007 incorporated by reference. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-016, PP -07-018, CUP -07-018, MI -07-015 -2- 0 0 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) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - TA, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-016, PP -07-018, CUP -07-018, MI -07-015 -3- 0 0 E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of December 4, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-016, PP -07-018, CUP -07-018, MI -07-015 -4- i 0 4l' y action of the City Council at its regular meeting held on the U day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED W COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED ATTEST: x Copy served upon: MAYOA,T DE WEERD oveeo°�OF N /���✓sa 0.91 BEAL JR., IT CLERK'S' �Applicant ���'toe/ttfau 119001°°°�` ✓ Planning Department blic Works Department City Attorney By: A Dated: - 4 -Cn bty"Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-016, PP -07-018, CUP -07-018, MI -07-015 —5— CITY OF MERIDIAN PLANNINGOPARTMENT STAFF REPORT FOR THE HEARVDATE OF DECEMBER 4, 2007 STAFF REPORT Hearing Date: December 4, 2007 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: Gramercy Townhomes E IDIAN - IDAH • RZ-07-016 Rezone of 3.66 acres from R-15 (Medium -High Density Residential) to TN -R (Traditional Neighborhood Residential). • PP -07-018 Request for Preliminary Plat approval of 38 residential building lots on 2.81 acres in a proposed TN -R zoning district • CUP -07-018 Conditional Use Permit for -32 31 multi -family residential units on 4 parcels in an existing R-15 zone on 2.93 acres. • MI -07-015 Miscellaneous application to modify the exiting Development Agreement (Instrument # 106141056) for the Gramercy Subdivision listing the permitted and prohibited home occupational uses within the Brownstones and ensure the Brownstones and future Condominiums are constructed as shown with the submitted elevations. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Tuscany Development, LLC, has applied for a Rezone (RZ) of 3.66 acres from R-15 (Medium -High Density Residential) to the TN -R (Traditional Neighborhood Residential). Concurrently, approval of Preliminary Plat (PP) of 38 residential building lots on 2.81 acres in a proposed TN -R zone is also requested that would allow for the future construction of attached townhouses on this site. Also, a Conditional Use Permit (CUP) is being requested for multi -family residential use on 4 other parcels in an existing R-15 zone. The Applicant intends to condo the buildings on these four parcels consisting of 32 31 total units. The applicant is proposing a unique product mix for this development. The development will include 32 multi -family units proposed to be platted as condominiums in the future and 38 townhouses with alley loaded garages with a first floor work space allowing the owners the opportunity to work from home. The applicant is also requesting approval to amend the Development Agreement for the subject site The purpose of the modification is to list the permitted and prohibited uses within the Brownstone units and tie the developer to the elevations submitted with this application NOTE: The applicant submitted the Miscellaneous application after the Fjamft & Zoning Commission hearing Staff has updated the staff report to reflect both the Commission's action on the RZ PP and CUP applications and Staffs recommendation on the MI application New information is provided in underline format throughout the report. This property was previously annexed and zoned (AZ -06-021) to R-15, preliminary platted (PP -06- 019) and a portion of it final platted (FP -06-048) as part of the Gramercy Subdivision (fka.Kenai) for a mix of commercial and residential lots approved in 2006. However, the scope of this project is Gramercy Townhomes RZ CUP PP MI PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 limited to a total of 5.74 acres in size. There are two aspects of this project being proposed at this time. One aspect is the rezone and preliminary plat for the brownstone units (townhomes) and the second aspect is the CUP for the multi -family units (future condominiums). The site is located approximately I/a mile west of S. Eagle Road, and just south of E. Overland Road. The subject property is currently located within the Urban Service Planning Area and the corporate boundaries of the City. The comprehensive plan designates this site as mixed-use regional. 2. SUNVIMARY RECOMMENDATION The subject applications (RZ, CUP, PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Rezone, Conditional Use Permit, Preliminary Plat and Miscellaneous applications. Staff is recommending approval of the proposed Gramercy T,ownhomes (RZ-07-016, CUP -07-018, PP - 07 -018 and MI -07-015) with the conditions listed in Exhibit B of the Staff Report. NOTE: If the Commission forwards on a recommendation of approval, Staff is recommending the applicant submit a DA modification limiting the home occupational uses in the brownstones for the City Council's review and approval (see Analysis below). The Meridian Planning & Zoning Commission heard these items on October 18 2007 At the public hearing they moved to recommend approval of the subiect RZ, PP and CUP applications. a. Summary of Commission Public Hearing: i. In favor: Becky McKay. Representative and Joe Atalla Applicant 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 IL Key Issue(s) of Discussion by Commission: i. Parking for the future Condominiums. ii. Secondary access to the site. iii. Occupancy classifications. iv. Additional trees and foundation landscaping. V. Whether the corners of the development should be considered/reviewed as multi -family apartments or single-family condominiums vi. Requiring 20' X 20' parking pads for the condominium units as stated in the Staff Report (Condition 1.2.10). vii. The applicant clarified at the hearing, the future Condominium units meet the 80 sg, ft. of private useable open space requirement per the UDC r. Key Commission Change(s) to Staff Recommendation: i. Strike condition 3.24 requesting additional parking spaces from the Fire Department. ii. Additional trees and foundation plantings shall be required per the Staff Report. iii. Amend condition 3.11: the applicant shall work with the Meridian Fire Department in determining the classification for the Brownstone units iv. Conditions 3.23 and 4.2 striking thru the preferred location for secondary access to Mountain View High School. Gramercy Townhomes RZ CUP PP MI PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINPDATE OF DECEMBER 4, 2007 i. Outstanding Issue(s) for City Council: L The applicant has submitted a revised site plan prepared by Engineering Solutions. Inc., dated November 2, 2007 reflecting the Commission's recommended Parking standards requiring the 20' X 20' pads and Parking stall dimensions for the multi -family units (future Condominiums) The applicant has removed one of the multi -family units now there are 31 total Staff has reviewed the revised site plan and finds the applicant in compliance with the City's Parking standards. ii. The applicant has submitted a miscellaneous application to amend the development agreement for this site The proposed DA modifications pertain to elevations and potential home occupations on this site Staff has amended Condition 1.1.3. in Exhibit B related to the proposed DA modification Y_Y_l 410 '-v 1-- c 1 , 1_ I - _I rr Ij I 1 I 1 ♦�.�I •_x_1111 X11' _ � 1. 1_ •. I �_ _I. ' 1 1 � y 1 I ._ I I � 1. I 1' '_ _ . 1Vo 11_ 11_ 1_'_I_ ' 1 1 1 1 __ I_ oil '_ 1 I J.1_, _ 1iV _1 i 1 I 1 1 5I 11'_ _'_ F7MJ1r#TUTTTM = I oopla. • 1 1 r'_ I I_ 1 1_ 1 1 1 _I_I__ ' 1 �_ I -. I_ __ 1 � I_' ' _ I - 1. 1 11_. II___ _ 1 I- \_' I II_ 11_ • I_ 1 � 1 1 •ly#I ' -1 1 _ I i 1 ki 1 ,__I_ _ 1 1 1I, ill •1 I' 'I '1 VM I 11 jl 11TY =11 11VTW36U 1_ 11 1. 1 1 I_ ' __ y l l I _I 1 rWaRRTTV oil) 1.RUN - 1 1.1- MMMn y 1• 1 1 _ X 1 1rr I1 _I_ I• L• j I' 1 1Sir=.,,1• ii 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-07- 016, CUP -07-018, PP -07-018 and MI -07-015 as presented in staff report for the hearing date of December 4, 2007 with the following modifications: (Add any proposed modifications.) Gramercy Townhomes RZ CUP PP MI PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Denial After considering all staff, applicant and public testimony, I move deny File Numbers RZ-07-016, CUP -07-018 PP -07-018 and MI -07-015 as presented during the hearing date of December 4, 2007 for the following reasons: (You should state specific reasons for denial of the rezone and you must state specific reason(s) for the denial of the plat and CUP and what the applicant can do to gain your approval in the future. Continuance I move to continue File Numbers RZ-07-016, CUP -07-018, PP -07-018 and MI -07-015 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: Approximately % mile west of S. Eagle Road and south of E. Overland Road NE '/a of Section 20, T.3N., R.1 E. b. Owner: Tuscany Development, Inc. 6223 N. Discovery Way Boise, ID 83713 c. Applicant: Same as Owner d. Representative: Becky McKay, Engineering Solutions e. Present Zoning: R-15 (Medium Density Residential) f. Present Comprehensive Plan Designation: Mixed Use Regional g. Description of Applicant's Request: The applicant is requesting rezoning 3.66 acres from R-15 to TN -R, preliminary plat for 38 residential building lots and conditional use permit for multi -family developments in an existing R-15 zone on four separate lots. The plat and the rezone are to allow for the future construction of 38 single family attached homes. The multi -family developments are proposed for platting as condominiums; totaling 3-2 31 units. 1. Date of Preliminary Plat (attached in Exhibit A): July 12, 2007 2. Date of Site Plan (attached in Exhibit A): July 12, 2007 3. Date of Landscape Plan (attached in Exhibit A): July 13, 2007 4. Date of Elevations (attached in Exhibit A): May 23, 2007 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 11-5A-2, a public hearing is required before the Commission and City Council on this matter. b. The subject application will in fact constitute a Conditional Use Permit as determined by City Ordinance. By reason of the provisions of UDC 11-5A-2, a public hearing is required before the Commission and City Council on this matter. c. The subject applications will in fact constitute Preliminary Plat as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 6, a public Gramercy Townhomes RZ CUP PP MI PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 hearing is required before the Commission and City Council on this matter. d. Newspaper notifications published on: October 1, 2007 and October 15, 2007 Commission); November 12, 2007 and November 26, 2007 (City Council) e. Radius notices mailed to properties within 300 feet on: September 21, 2007 (Commission); November 9, 2007 (City Council) f. Applicant posted notice on site by: October 8, 2007 (Commission); November 24, 2007 (City Council 6. LAND USE a. Existing Land Use(s): Vacant land. b. Description of Character of Surrounding Area: This area is rapidly transitioning into a mixed use area. A wide variety of commercial uses and traditional residential neighborhoods surround the subject site. c. Adjacent Land Use and Zoning: 1. North: Vacant Land; zoned C -G. 2. East: El Dorado Business Park; zoned C -G. 3. South: Single Family Residential (Thousand Springs Subdivision); zoned R-4. 4. West: Mountain View High School; zoned R-4 d. History of Previous Actions: e This property was annexed and zoned (AZ -06-021) C -G and R-15 and preliminarily plat for 64 single family detached residential lots, 24 alley loaded/attached single family residential lots, 9 multi -family residential lots, 25 common lots, and 32 commercial lots on 77.66 acres in 2006. ® A final plat (FP -06-048) was approved for 50 residential lots, 32 commercial lots, one city park lot and 21 common lots on 62.01 acres in 2006. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: South Wells Ave and S Accolade Ave. Location of water: South Wells Ave and S Accolade Ave E Copper Point St. Issues or concerns: Secondary Water Connection to Kiwanis Park is needed for fire flow requirements. 2. Canals/Ditches Irrigation: The Ridenbaugh Canal runs along the southern property boundary and does not impact the development of the subject sites. 3. Hazards: N/A 4. Proposed Zoning: Existing R-15 (Medium High Density Residential) for the 4 multi -family lots and proposed TN -R (Traditional Neighborhood Residential) for the proposed 38 residential building lots associated with this preliminary plat application. 5. Size of Property: 5.74 acres in total f. Landscaping 1. Width of street buffer(s): N/A (35' landscape buffer along Overland Road approved with the Gramercy Townhomes RZ CUP PP MI PAGE 5 CITY OF MERIDIAN PLANNINGIPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Gramercy final plat.) 2. Width of buffer(s) between land uses: N/A (UDC does not require buffers between residential uses). 3. Percentage of site as open space: Approved with the Preliminary and Final Plat associated with the site. As part of the above mentioned approvals, all amenities were also approved. 4. Other landscaping standards: See UDC 11-4-3-27F, Landscape requirements for Multi -family Developments. g. Amenities: Amenities for the subject site were previously approved with the preliminary and final plats associated with the Gramercy Subdivision. The following amenities are include: multi- use pathway along the west and south side of the site, a pocket park with a dog area and water feature and a grassy area of at least fifty feet by one hundred feet in size incorporating picnic areas for the future residents. h. Off -Street Parking: UDC 11-3C-6 requires multi -family dwellings with more than 1 bedroom to have 2 parking spaces per dwelling unit in a covered carport or garage. The applicant has stated that the multi -family units are proposed to be platted as condominiums in the future; the 38 proposed building lots will be constructed with attached townhomes. If the multi -family units are platted for condominiums, the applicant will be responsible for providing a 20' X 20' pad in front of the garages of the proposed buildings as well as at the rear of the townhomes. UDC 11-3C-6 requires all single-family homes to be provided with a 20' X 20' garage and a 20 X 20' parking pad. The Applicant is showing some visitor parking on the multi-family/condo sites. The referenced parking stalls shown on the site plan should be to the standard dimension of 9' X 19' per UDC. However, the parking stalls can be reduced by two feet if an additional two feet of landscaping or sidewalk is added to allow for vehicle overhang. i. Required Dimensional Standards for Multi -family Residential Use in the R-15 Zone, per UDC 114-3-27 and 11-2A-7: 1. Minimum Building Setback: 10 feet 2. Minimum Rear Setback: 12 feet 3. Minimum Side Setback: 5 feet 4. Maximum Building Height: 40 feet Required Dimensional Standards for the TN -R District, per UDC 11 -2D -6A: 1. Minimum Building Setback: 10 feet 2. Minimum Rear Setback: 18 feet if alley width is 20 feet 3. Minimum Side Setback: 0 feet for attached units 5 feet for property lines adjoining unattached walls 4. Minimum Side Street Setback: 10 feet 5. Maximum Building Height: 40 feet j. Summary of Proposed Streets and/or Access: Access to the proposed development will be from E. Overland Road with connectivity into the residential portion of the development from S. Wells Avenue. The internal public streets system has been previously approved with the preliminary and final plats associated with this site. 7. COMMENTS MEETING On September 28, 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 Gramercy Townhomes RZ CUP PP MI PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINPDATE OF DECEMBER 4, 2007 Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use — Regional' on the Comprehensive Plan Future Land Use Map. The existing Medium High Density Residential and proposed Traditional Neighborhood Residential zoning district, R-15, is compatible with this designation. The Mixed Use Regional (MU - R) land use designation is anticipated to contain 3 to 40 dwelling units per acre (see Page 103 of the Comprehensive Plan). The proposed Site Plan depicts 38 single family attached homes and -32 31 multi -family units on 5.74 acres for a gross density of 4-26.2 12.02 dwelling units/acre. The proposed density complies with the anticipated density for this area. 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. ➢ The subject lands currently lie within 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 Meridian Police Department (MPD). ➢ The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (A ChD). 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 V, Goal I, Objective A, Action 4 — Develop and maintain greenbelts along waterways. The applicant has constructed a 10 foot multi -use pathway along the southern boundary along the Ridenbaugh Canal and provided connectivity to the path to use for recreational purposes. Chapter VII, Goal IV, Objective C, Action 1: Protect existing residential properties from incompatible land use development on adjacent parcels. Gramercy Townhomes RZ CUP PP MI PAGE 7 CITY OF MERIDIAN PLANNINGRPARTMENT STAFF REPORT FOR THE HE"VDATE OF DECEMBER 4, 2007 The residential development to the South is single family residential and zoned R-4. Although the subject project is denser than any of the adjacent projects, it does provide a transition between the commercial project to the north and the single-family homes to the south. Staff believes that multi family development is a compatible land use based on the Comprehensive Plan land use designation. • Chapter VI, Goal II, Objective A, Action 3: Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land -use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications generally comply with the applicable policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 6: Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. Future connectivity for the commercial portion of this development was approved with previous applications. However, there is only one ingress/egress from S. Wells Avenue into the proposed residential portion of the development. Staff believes an additional access point should be provided to Mountain View High School located west of the site. Said street should be constructed as 24 foot drive aisle providing connectivity for the future residents of the development. • Chapter VI, Goal II, Objective A, Action 5: Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. As part of a previous approval, a multi -use pathway has been constructed along he Ridenbaugh Canal and extends along the western boundary providing pedestrian connectivity to the proposed development, the school site, the proposed park site, and continues thru the development providing internal connectivity as well. This same pathway also provides a recreational amenity for the future residents of the development. • Chapter VII, Goal IV, Objective C, Action 6: Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See analysis above. • Chapter VII, Goal V, Objective A, Action 7: Continue promoting quality mixed-use developments in accordance with the Future Land Use Map. The applicant is proposing a unique product mix for this development. The development will include 32 31 multi family units proposed to be platted as condominiums and 38 townhouses with alley loaded garages with a first floor work space allowing the owners the opportunity to workfrom home in accordance with UDC 11-4-3-21. Staff believes this diversity will benefit the community by reducing vehicular trips and develop the area as a work live community. Gramercy Townhomes RZ CUP PP MI PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 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. Schedule of Use Control: Unified Development Code (UDC) 11-2A-2 lists multi -family developments as a conditional use in the R-15 zoning district. Specific Use Standards (UDC 11- 4-3-27) apply to multi -family developments; please see Section 10, Analysis below for more information. b. Purpose Statement of the Residential Districts: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. 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 TN -R zoning district. Townhomes are listed as permitted uses (P) in the TN -R zone. d. Purpose Statement of the Traditional Neighborhood District: The purpose of the TN -R district is to provide for a variety of residential land uses including attached and detached single family residential, duplex, townhouse and multi -family. A TN -R district includes open spaces and promotes pedestrian activity through well designed and varied streetscapes that also provide for the safe and efficient movement of vehicular traffic. Most dwelling units should be accessed from alleys. The density in the TN -R zoning district at a minimum should be eight dwelling units to the acre and not exceed 15 dwelling units to the acre. e. Multifamily Development (UDC 11-4-3.27): The following standards shall apply for the multifamily units, including standards for Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Site design (UDC 11-4-3.27B): The building shall provide a minimum setback of ten feet unless a greater setback is otherwise required by this title. Building setbacks shall take into account windows, entrances, porches and patios and how they impact adjacent properties. All site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from the public street. A minimum of 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. For the purposes of this Section, vehicular circulation areas, parking areas and private useable open space shall not be considered common open space. The parking shall meet the requirements set forth in Chapter 3 of this Title. Developments with 20 units or more shall provide the following: a property management office, a maintenance storage area, a central mailbox location, a directory and map of the development at an entrance or convenient location for those entering the development. Common open space design requirements (UDC 114-3.27C): Gramercy Townhomes RZ CUP PP MI PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 A minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. Site development amenities (UDC 11-4-3.27D): All multifamily developments shall provide for quality of life, open space and recreation amenities to met the particular needs of the residents as follows: a) Quality of Life (clubhouse, fitness facility, enclosed bike storage, and public are such as a statue); b) Open Space (open grassy area of at least 50 by 100 feet in size, community garden, ponds or water features, and plazas); and c) Recreation (pool, walking trails, children's play structures, and sports courts). The number of amenities shall depend on the size of the multifamily development as follows: For multifamily developments with 75 units or more, 4 amenities shall be provided, with at least I from each category. For multifamily developments with more than 100 units, the decision-making body shall require additional amenities commensurate to the size of the proposed development. Architectural Character (UDC 11-4-3.27.E): All building elevations shall have a minimum portion of the elevation devoted to architectural features designed to provide articulation and variety. These features shall include, but are not limited to windows, bays and offsetting walls that extend at least two feet; recessed entrances; and changes in material types. Changes in material types shall have a minimum dimension of two feet and minimum area of 25 square feet. Main entrances, which are the primary point(s) of entry where the majority of building users will enter and leave, shall be designed as an obvious entrance and focal point of the building through architectural treatment, lighting, and address identification. Entrances shall be adequately covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. Roof forms shall be distinctive and include variety and detail when viewed from the street. Sloped roofs shall have a significant pitch. Flat roofs should include distinctive cornice treatments. Exterior building materials and finishes shall convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and tile are encouraged. Windows are required to allow views to exterior activity areas or vistas. Windows shall be provided on any building facing any common area used for children's recreation. All roof and wall -mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. Gramercy Townhomes RZ CUP PP MI PAGE 10 CITY OF MERIDIAN PLANNINAPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Landscaping (UDC 114-3.27.F): Development shall meet the minimum landscaping requirements in accord with Chapter 3 of this Title. All street -facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: The landscaped area shall be at least three feet wide; for every three lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches shall be planted; and groundcover plants shall be planted in the remainder of the landscaped area. Maintenance and Ownership (UDC 114-3.27.G): All multifamily developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, and other development features. Outdoor storage/refuse areas (UDC 11-3A-12): Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: REZONE ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the Future Land Use Map designation of Mixed Use — Regional, Staff believes that the requested TN -R zone is appropriate for the subject property. Please see Exhibit D for a detailed analysis of the required facts and findings for a rezone. The rezone legal description submitted with the application (stamped on July 26, 2007 by D. Terry Peugh, PLS) is accurate and meets the requirements of the City of Meridian and Idaho State Tax Commission. UDC 11 -5B -3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement (DA) with the City of Meridian that may require some written commitment for all future uses. As part of annexation into the City, the developer was required to enter into a development agreement for the site; recorded under instrument # 106141056. Live -Work Units: As mentioned above, the applicant is proposing a preliminary plat for some townhome lots in the TN -R district. The future units on these lots are designed to have a work space below the residential living portion that is above. Staff is supportive of this concept, but is concerned that the work area of the brownstoneshownhomes may contain intense uses that may not be appropriate for this area. Therefore, prior to review by the City Council, Staff is recommending the applicant submit a DA modification listing the proposed limited non- residential uses that may occur as part of the home occupational uses in the townhomes. MISCELLANEOUS APPLICATION ANALYSIS: After the Planniniz and Zoning Commission hearing, the applicant did submit a miscellaneous application to modify the existing development agreement for this site. The modification is to serve two p=oses,• the first is to tie Gramercy Townhomes RZ CUP PP MI PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAL DATE OF DECEMBER 4, 2007 the developer to the submitted elevations and the other is to list the permitted and prohibited home occupational uses within the Brownstone units The applicant is proposing that any home occupation use adhere to section 11-4-3-21 of the UDC _which outlines the requirements of home occupations The applicant has stated the allowed and intended uses will be restricted to professional office (i.e. architect accountant attorneys art studio (i.e. photography artist) and specialty retail (i.e. custom jewelry crafts) Prohibited uses related to the Brownstones (Live/Work units) include restaurants personal service shops (i.e. nail salon, hair salon, tanning) medical offices retail stores and uses that would generate high volumes of traffic to the residential portion of the development The developer has provided excellent pedestrian connective throughout this mixed use development which would allow the owners and customers access to more intense commercial uses north of the Brownstone units Staff is supportive of the suggested permitted and prohibited uses and has conditioned them as such in Exhibit B of the Staff ReportFurther, staff is generally supportive of the submitted elevations Please see Exhibit B of the Staff Report for the proposed changes to the existing DA for Gramercy. CONDITIONAL USE PERMIT ANALYSIS: Multi -family Standards: The UDC has several specific standards that apply to multi -family developments (See Section 9 above for a complete list.) These standards apply to Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Below are some of the multi -family and general design standards that the applicant should be required to comply with. Site Plan: There are four separate parcels that multi -family buildings are being proposed on. Each of these parcels has different building groupings, different number of units and parking dimensions. The buildings are grouped in 3, 4 and 5 units; all parcels contain 2 buildings. There are 32 31 units overall. Except for the parking (see below), Staff is generally supportive of the proposed site plan. Secondary Access: There is only one public street serving this portion of the Gramercy development. The Meridian Fire Department has commented that they need an additional ingress/egress point into this area. Further, there is no vehicular inter -connectivity with Mountain View High School, directly to the west. Ideally, a vehicular connection would occur between the school and all of these proposed dwelling units. However, if this requirement were made now, it would cause the applicant to re -design a portion of the project to accommodate an access to the west. Staff recommends that the Commission and Council decide where emergency access should be provided. Landscaping: As mentioned above, the entire perimeter landscaping and landscape buffers were approved with the preliminary and final plats associated with the Gramercy Subdivision. The applicant is proposing to landscape all four multi -family lots with sod and trees along the street frontages. The landscape plan prepared by Harvest Design, dated 7-13-07, labeled Sheets L-1, 4, 5, 6 substantially complies with the requirements of the UDC. Staff recommends that the following modifications/notes be made to the plan: Staff believes the applicant should provide additional 2" caliper trees every 35' along the remaining three sides of the perimeter. In addition the applicant should also comply with the multi -family development landscaping standards requiring 3 foot wide landscape areas along the foundations facing the streets in accordance with UDC 11-4-3-27F. Additional trees should also be planted in the planter islands located along the parldng pads in the front of the buildings. If the above noted changes are made, Staff believes that the proposed landscaping is sufficient for this project. Gramercy Townhomes RZ CUP PP MI PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Private Useable Open Space: UDC 114-3-27B requires a minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. The floor plans submitted with the application does not reflect the minimum 80 square feet of private useable open space. However the site does indicate patios adjacent to the rear of development on lot 26 of Block 3. Staff believes the applicant should prove the remainder of the multi -family dwelling units complies with this UDC requirement. The applicant should verify during the public hearing if this requirement is being complied with, as is not reflected on the submitted site plan. Parking: UDC 11 -3C -6A requires single-family attached dwelling to have a garage and a 20' X 20' parking pad in front of the units. The applicant is proposing 2 -car garages and parking pads for the townhome units. UDC 11 -3C -6A also requires multi -family dwellings with one bedroom to provide two spaces, one covered and one uncovered and 2 or more bedrooms to have a two - car covered carport or garage for each unit. The submitted site layout does propose garages for each of the multi -family units. However, the pad areas in front of the garages vary from unit to unit and do not meet the 20' X 20' requirement. If the multi -family developments are platted for condominiums in the future, the applicant should be responsible for providing a 20' X 20' pad in front of the garages of the proposed buildings. The proposed parking spaces for the multi -family development should conform to the dimensional requirements of the UDC. The submitted site plan shows the visitor parking stalls dimensions at 9' X 17' and UDC requires standard parking stalls to be 9' X 19'. However, the parking stalls can be reduced by two feet if an additional two feet of landscaping or sidewalk is added to allow for vehicle overhang. Staff recommends the applicant revise the site plan prior to the submittal of a CZC application. Amenities: As stated above all of the amenities for the subject site were approved with the Gramercy Subdivision. Staff believes there are sufficient amenities to support the new residential developments being proposed. The amenities include a multi -use pathway along the west and south side of the site, a pocket park with a dog area and water feature and a grassy area of at least fifty feet by one hundred feet in size incorporating picnic areas for the future residents. Staff recommends that the Commission determine if the approved amenities are appropriate for a development of this size. During the public hearing, the applicant shall verify a time line as to when the amenities will be constructed. Elevations: The applicant is proposing several different structures on this site. The Brownstone units will be attached Townhomes consisting of 4 and 5 units. The multi -family (future condominium) buildings range from -3 2 units to 5 units and will be located on four separate parcels. Both of the product types are shown to be constructed of Stucco with brick or stone accents and be painted in earth tone colors. UDC 11-4.3 requires multi -family structures to comply with specific design standards. Staff believes that the elevations submitted with the CUP significantly meet the requirements of the design standards listed in UDC 11-3A-19. Exterior building materials and finishes should convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and tile are encouraged. Staff approves of the submitted elevations however a DA modification should be recorded to ensure the proposed buildings will be constructed as submitted (See Analysis in the Annexation section above). Gramercy Townhomes RZ CUP PP MI PAGE 13 CITY OF MERIDIAN PLANNINDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Pedestrian Pathways: As part of a previous approval, a multi -use pathway has been constructed along the Ridenbaugh Canal and extends along the western boundary providing pedestrian connectivity to the proposed development, the school site, the proposed park site, and continues thru the development providing internal connectivity as well. This same pathway also provides a recreational amenity for the future residents of the development. Pathways should be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-3B (landscaping). Multi -family Setbacks: The UDC requires a 10 -foot landscape buffer to the perimeter. The UDC does not have a specific setback between internal multi -family units. The submitted site plan indicates some of the proposed buildings with a 5' setback. As long as a 10 foot setback is made to the perimeter lot lines of the overall Kenai/Gramercy project, other internal setbacks do not need to comply with the R-15 district requirements. Refuse Areas: The Sanitary Services Company (SSC) has commented in regards to the tote locations. SSC is requiring pads next to the public street, where all of the units can bring their garbage cans. This way SSC does not have to drive down the private drive aisles. SSC's comments and conditions are referenced below in Exhibit B. Open Space: All open space was approved with the preliminary and final plats associated with the Gramercy Subdivision. UDC 11-4-3.27C requires a minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Staff believes the approved open space is sufficient for the proposed development. The units for the proposed multi -family developments range in size from 1,908 square foot units to 2,173 square foot units. The UDC requires 350 square feet for each unit containing more than 1,200 square feet of living area. The multi -family developments are proposing a total of 32 31 units. The minimum amount of open space required per code for all of the proposed multi -family developments is 11,200 sq. ft (32 X 350 sq. ft.). The applicant does not meet this requirement. However, staff believes the open space and amenities approved with the Gramercy Subdivision should comply with the open space requirements for the multi -family developments. Maintenance of all common areas should be the responsibility of the Home Owners' Association(s). Staff believes that the open space proposed complies with the UDC. Fencing: Perimeter fencing is not being proposed with this CUP application. Temporary fencing should be constructed to contain debris on the site. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. PRELEVIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Gramercy Townhomes RZ CUP PP MI PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAL DATE OF DECEMBER 4, 2007 Code, Staff believes that this is a good location for the proposed single-family attached residential development. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Dimensional Requirements of the TN -R zone per UDC Table 11-2D-6: The TN -R district does not have dimensional requirements for property size and street frontage. The proposed lot sizes range from 2,376 square feet to 6,451 square feet. All lots shall meet the minimum setback & maximum building height requirements stated in UDC 11-2D-6 and #6i above. The TN -R zoning district also requires a minimum of two housing types for any subdivision submittal. The residential portion of the Gramercy Subdivision was approved for different product mixes within the development. They include single detached homes, multi -family development and townhomes. Staff believes the applicant is contributing to the product mix of the development and at build out the development will meet the intent of this UDC requirement. Landscaping: The landscape plan submitted for this project, prepared by Harvest Design, labeled Sheet LS 2 & 3, dated July 13, 2007 shall be modified as follows: • As mentioned above, all of the perimeter landscaping and landscape buffers were approved with the preliminary and final plats associated with the Gramercy Subdivision. The applicant is proposing to landscape the proposed TN -R lots with sod and trees. The submitted landscape plans indicates only two species of trees are to be planted within the proposed development. Staff encourages the applicant to provide a variety of species mix to add to the overall quality of the project. Staff believes additional trees should be planted internally between the structures. Additional trees should also be planted in the planter islands located along the parking pads in the rear of the buildings. Staff also recommends providing 3' wide landscape areas adjacent to foundations located on street frontages planted with low lying shrubs and groundcover. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the CZC application(s) for the brownstone/townhouse buildings. Common Areas/Open Space: All common areas and open space were approved with the Preliminary and Final Plats of the Gramercy Subdivision. Maintenance of all common areas shall be the responsibility of the Gramercy Subdivision Homeowners Association. Drainage: Seepage beds for stormwater drainage are shown on Lot 4, Block 2 and Lot 5, Block 3. No trees shall be planted over the seepage beds. All storm drainage facilities shall comply with the standards listed in UDC 11-313-11, Stormwater Integration. NOTE: Applicant shall be aware that infiltration ponds for ACHD public streets require exposed filter sand. This sand area does not count toward the City of Meridian's open space requirements. Other provisions to meet vegetated open space requirements must be made when ACHD pond designs incorporate exposed filter sand. Proposed Streets and/or Access: All access points and streets were approved with the Preliminary and Final Plats of the Gramercy Subdivision. Gramercy Townhomes RZ CUP PP MI PAGE 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAL DATE OF DECEMBER 4, 2007 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, a single - point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 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. Fencing: If permanent perimeter fencing is not installed, temporary construction fencing should be installed prior to issuance of building permits for the subdivision. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of-way. All fencing shall be installed in accordance with UDC 11-3A-7. b. Staff Recommendation: Based on the above analysis, Staff finds that applications RZ-07-016, CUP - 07 -018, PP -07-018 and MI -07-015 substantially conform to the Comprehensive Plan policies and UDC standards. Staff is recommending approval of the proposed Gramercy Townhomes (RZ-07-016, CUP -07-018, PP -07-018 and MI -07-015) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning & Zoning Commission heard these items on October 18 2007 At the public hearing they moved to recommend approval of the subject R7 PP, CUP applications. Note • The Commission did not make a recommendation on the Development A„ reement mod cation re nest MI - 07 -015). The Meridian City Council heard these items on December 4.2007. At the public hearing e Council approved the subject RL PP. CUP and MI apAcations. 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Site Plan (dated: July 12, 2007) 3. Preliminary Plat (dated: July 12, 2007) 4. Landscape Plan (dated: July 13, 2007) 5. Townhome and Condominium Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Gramercy Townhomes RZ CUP PP MI PAGE 16 CITY OF MERIDIAN PLANNINGREPARTMENT STAFF REPORT FOR THE HEAL DATE OF DECEMBER 4, 2007 A. Drawings 1. Vicinity Map Exhibit A ■ L! SRI �l_i+�r(�.r•L�r .,�. ISO ami►*� �'� arm %0W �� � �� ■�■■■■'!� �/�'� jGRMERCYTOWNHOMESUBD. t L=m mirm nix msmroml2o, - Exhibit A CITY OF MERIDIAN PLANNIN• ARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 2. Site Plan ■. R ma I ..moo ao ids Nnd3t� " a raaw a m ■eram wl."asm a mar �a 579070" mmulff 141m g a. 9 a � ffi m a $. B � Wall itb ' $ nu v.aa04W v imin" lms 4sq11,911 11a g tenua i Y'� .} yi�yA �IIOa65ia Exhibit A 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 3. Preliminary Plat ii I vigil• 9 5 st j a 411 §d 60 oil ri I If jilt ii I 9 5 st j a ri ► H 2 Exhibit A s AE CITY OF MERIDIAN PLANNINNEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 4. Landscape Plans Exhibit A 49 CITY OF MERIDIAN PLANNINGT)EPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 If Exhibit A 0 CITY OF MERIDIAN PLANNIAGEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4,2007 FT:l lift! oil HIM all Exhibit A CITY OF MERIDIAN PLANNING ARTMENT STAFF REPORT FOR THE HEARING DEPDATE OF DECEMBER 4 2007 GRAf'�1�T T011JI`WDME SU&DIVISIOAI a — p 's i o MERIDIAN, IDAI i TUSLANi DMOPMENT, NG. Exhibit A CITY OF MERIDIAN PLANNINREPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 dJjj TOLLNNom w5pivi510N11114=014N,DdNO Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE BEAAIN DATE OF DECEMBER 4, 2007 T T01l6+1Ht� IE &or> IDAHO DEVFJ.opmw, rNa Exhibit A -- �z - —11 rt; 7-M ., m :, i N,I l I win 119 rim �r I im .w M 1 � 1t1 �, f�i71 i:l� ..y 011 I[! 1MRI r r i�fK -- �z - —11 rt; 7-M ., m :, i N,I l I win 119 CITY OF MERIDIAN PLANNINVEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 REZONE/DEVELOPMENT AGREEMENT COMMENTS/PROVISIONS 1.1.1 The rezone legal description submitted with the application (prepared on July 26, 2007, by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of permit submittal. 1.1.3 Prior to the rezone ordinance approval, an addendum to the existing Development Agreement (DA) for the site (Instrument No. 106141056) shall be accomplished between the City of Meridian and the property owner(s) (at the time of rezone ordinance adoption). The Applie shall-c.ubn+t for a Developmefft AgFeeffxmt M a' ti . The addendum shall incorporate at least the following: • Add to Section 4 "Uses permitted by this agreement," item 4.3 limiting non-residential uses that may occur as part of the home occupational uses in the townhomes/brownstones. 4.3 - The home occupational uses within the Brownstone (Live/Work units) shall adhere to the home occupation requirements in accordance with UDC 1143-21. • Add item 4.4 - Permitted home occupation uses shall include: professional offices (_i.e. attomev accountant architect) art studio (i.e. photography painting aphic design) and specialty retail (i.e. custom iew= x arts and crafts) • Add item 4 5 - Prohibited home occupation uses shall include restaurants coffee shops _ food preuaration.nersonal service (i.e. hair_ tanning nail salonsl retail and any oche • uses that create high volumes of traffic into the residential portion of the development * Add item 4.6 r' yw appheatien to be m4ewed by staff and the 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 (See Exhibit A5 of the Staff Report). 1.2 CONDITIONAL USE PERMIT CONDITIONS 1.2.1 The site plan, prepared by Engineering Solutions, Inc., dated July 12, 2007, is approved, with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ-07-016) and Preliminary Plat (PP -07-018) applications shall also be considered conditions of the Conditional Use Permit (CUP -07-018). 1.2.2 The landscape plan prepared by Harvest Design., on July 13, 2007, is approved with the following modifications/notes: • Per UDC 11-4-3-27, all street facing elevations shall have landscaping along the foundation for the multi -family units as follows: ➢ The landscaped area shall be at least 3 -feet wide; ➢ For every 3 linear feet of foundation, an evergreen shrub having a minimum mature height of 24 inches shall be planted; and Exhibit B CITY OF MERIDIAN PLANNINGDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 ➢ Ground cover plants shall be planted in the remainder of the landscaped area. • Additional 2" caliper trees spaced every 35' shall be planted along the entire perimeter within all four multi -family parcels with a minimum of four species of trees. Trees shall also be planted in the planter islands of adjacent to the parking pads located in front of the buildings. • A written certificate of completion shall 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. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the Certificate of Zoning Compliance application(s). 1.2.3 All parking stalls shall meet the dimensional requirements in accordance with UDC 11-3C-5. 1.2.4 Provide at least 80 square feet of private, useable open space, such as a patio or balcony/deck, for each multi -family dwelling unit in accordance with UDC 11-4-3-27B-3. 1.2.5 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, private streets, and other development features. 1.2.6 A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all of the multi -family units within this development. All structures must substantially comply with the elevations submitted with the CUP and the architectural standards listed in UDC 11-4-3- 27E for multi -family developments. NOTE: A CZC application may include one or more multi- family units on a lot/parcel. 1.2.7 As determined by the Planning Director, the multi -family buildings constructed on this site shall substantially comply with the renderings submitted to the City with the CUP application, and as modified by the conditions of approval herein. All roof and wall -mounted mechanical, electrical, communications, and service equipment shall be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. Further, all buildings shall comply with the architectural standards of UDC 11-4-3.27E. 1.2.8 All signage for the site requires approval of a sign permit. All signage must comply with UDC 11 -3D -8I and 11-313-10, Table 2, for subdivision identification signs. 1.2.9 Provide temporary fencing around the perimeter of the building sites to contain debris during construction and shall be installed around the residential portion of the site prior to release of building permits. 1.2.10 If the buildings are to be platted as condominiums in the future, the applicant shall construct a 20' X 20' parking pad in front of all garages in the multi -family portion of the development. 1.2.11 Building setbacks, separation between proposed structures shall comply with the Building Code and Fire Code. Provide a minimum 10 foot setback to all project perimeters (as measured to the limits of Kenai/Gramercy, not each individual lot). Exhibit B CITY OF MERIDIAN PLANNINREPARTMENT STAFF REPORT FOR THE HEAA• DATE OF DECEMBER 4, 2007 1.2.12 Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.2.13 Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. 1.2.14 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3 PRELIMINARY PLAT 1.3.1 The Applicant shall comply with all conditions of approval for Annexation (AZ -06-012), Preliminary Plat (PP -06-019), Final Plat (FP -06-048) and Development Agreement (instrument # 106141056) for the Gramercy Subdivision. 1.3.2 The Preliminary Plat, prepared by Engineering Solutions, Inc., dated July 12, 2007, is approved, with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ- 07-016) and Preliminary Plat (PP -07-018) applications shall also be considered conditions of the Conditional Use Permit (CUP -07-018). 1.3.3 The landscape plan prepared by Harvest Design., on July 13, 2007, is approved with the following modifications/notes: • The submitted landscape plans indicates only two species of trees are to be planted within the proposed development. The applicant shall provide a minimum of 4 different species of trees to be planted within the Brownstone development. • Additional 2" caliper trees shall be planted internally between the Brownstone structures. Additional trees shall also be planted in the planter islands located along the parking pads in the rear of the buildings. • 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. 1.3.4 A Certificate of Zoning Compliance is required prior to issuance of a building permit for any townhouse/brownstone units within this development. All structures must substantially comply with the elevations submitted with the preliminary plat. Because these are single-family lots, the final plat must be recorded prior to the issuance of a CZC for the Brownstones. NOTE: A CZC application may include multiple/all Townhome units within the development. 1.3.5 Staff's failure to cite specific ordinance provisions or terms of the approved rezone, preliminary plat and conditional use does not relieve the applicant of responsibility for compliance. 1.3.6 All development within the TN -R district shall conform to the dimensional standards per UDC 11-2D-6. Exhibit B CITY OF MERIDIAN PLANNINREPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in South Wells Ave, S Accolade Ave and E Copper Point St. The applicant shall install all mains to and through this development; 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 South Wells Ave, S Accolade Ave and E Copper Point St. 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 west shall be provided to allow for a future looped system, it shall be covered by a standard City of Meridian easement. 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 finalized 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 a pre -construction meeting. 2.8 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.9 All existing structures not meeting setbacks or the dimensional standards of the UDC shall 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. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. Exhibit B CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 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- domestic purposes such as landscape irrigation. 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. 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, micro -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 comply 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. 2.22 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. 2.23 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. 2.24 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 subdividers 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. DRE 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 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. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. Exhibit B 0 CITY OF MERIDIAN PLANNIN DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 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. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 Building setbacks shall be per the International Building Code for one and two story construction. 3.8 Maintain a separation of 5' from the building to the dumpster enclosure. 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 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. Full NFPA 13 sprinkler system will be required for the proposed Townhomes. The applicant shall work with the Meridian Fire Department in determining the classification for the Brownstone units 3.12 There shall be a fire hydrant within 100' of all fire department connections. 3.13 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.14 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than %i the diagonal measurement of the full development. The applicant shall provide a stub street to the property to the (west/east/north/south). 3.15 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.16 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). Exhibit B CITY OF MERIDIAN PLANNINNEPARTMENT STAFF REPORT FOR THE HEA• DATE OF DECEMBER 4, 2007 b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.17 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.18 The proposed multi -family lots have an estimated 32 units with a total estimated population of 80 residents at build out. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.19 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). Monument signs located at the entrances of the proposed multi -family developments shall be used for address referencing of the properties. 3.20 For all Fire Lanes provide signage "No Parking Fire Lane". 3.21 The entrance to the alley from the public street shall provide a minimum twenty-eight foot (28') inside and forty-eight foot (48') outside turning radius. No parking shall be allowed on either side of the street within fifty feet (50') of the alley entrance as measured from the centerline of the alley. The minimum rear setback for alley accessed properties shall be 20 feet to the garage if the alley width is 16 feet or 18 feet to the garage if the alley width is 20 feet. 3.22 Multi -Family and Commercial projects shall be required to provide additional 60" wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code complaint Handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for details per IFC Section 504.1. 3.23 The applicant shall provide a secondary access to/from the site. with the pFefeffed eemwetion to The location of the secondary access point to/from the site shall be located as proposed by the applicant on the hearing date of December 4. 2007: agreed upon by the Fire Department and the Police Department. on Lots Oe 26s 56, 7'7 4. POLICE DEPARTMENT 010-01111* M-1 --------------- Pro __c_ ___.—Io._.- - 4.2 The applicant shall provide a secondary access to/from the site. Mountain View High School. The location of the secondary access point to/from the site shall be located as proposed by the applicant on the hearing date of December_ 4. 2007: agreed upon by the Fire Department and the Police Department. Exhibit B CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICE COMPANY 6.1 Turning Radius: the applicant shall provide a minimum of 50 ft. turning radius. 6.2 SSC will not provide trash pick-up services utilizing the common driveway. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 6.3 Provide a minimum 28' inside and 48' outside radius for all alleys and private streets, where they intersect a public street. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC COMMENTS 7.1.1 Prior to final approval you will need to submit construction plans to ACHD Development Review Department to insure compliance with the conditions identified above or for traffic impact fee assessment. This is a separate review process that requires direct plans submittal to the development review staff at the highway district. 7.1.2 A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning and Development service at 387-6170 for information regarding impact fees. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito -breeding problem. 8.4 Central District Health will require plans be submitted for a plan review for any: food establishments, grocery store, beverage establishment and child care center. Exhibit B 0 CITY OF MERIDIAN PLANNINNEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 C. Legal Description & Exhibit Map IDAHO 1450 testWaw-tawer st nuke I50 SURVEY rterrti, Ifto e3aa2. GROUP Phone (M) 8",a570 Fax (rue) 884 -SM July 26, 2007 Proposed Meridian TNR zone Gramercy Subdivision A parcel of land loci in the West h of the NE K of Section 20, UN., RAE., BM., Meridian, Ada County, Idaho, more particularly as follows: Commencing at the North 1/4 comer of said Section 20, from which the Northeast comer of said section beats North 89°46'02" mast, 2656.98 feet; thence along the west Una of the NE K of said Section 20 South 00024'04" Wesi, 1591.32 feet; thence South 89035'56" East, 265.00 feet to the ILEAL POINT OF BEG jMG. Thence continuing South 89'35'56" East, 758.14 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 44035'56" East, 35.36 feet to a point of tangency; Thence South 00°24'04" gest, 153.00 feet to a point of curvature; Thence 31:42 feet along the are of a curve to the right, said curve having a radius of 20.00 feet, a delta angle of 90080'00", and a long 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, 28.28 feet; Tbence North 00°24'04" East, 153.00 feet to a point of curvature; Thence 39.27 feet along the are of a curve to the right, said curve having a radius of 25.00 feet, a delta angle of 90°00'08", and a long chord bearing North 45024'04" East, 35.36 feet to the Point of Beginning. Containing 3.66 acres, more or less. R4BY r,&M-2-6-a r_' II��MERIDIAN PUBLICi pWORKS DEPT. 606.15-tnrzona.d c l rofesslonal Land Surveyors Exhibit C CITY OF MERIDIAN PLANNINREPARTMENT STAFF REPORT FOR THE HEA• DATE OF DECEMBER 4, 2007 —.17 1/4 _._. M OF WANG N 89'46'OrE 2688.88' �.—._._. _._._.e E 0 Rale _ 17 18 BY l Zh 517 MEROAN PUBLIC U WORKS DEPT. N ' U9 �I NO� �pOSEp I a sc ', O S 89'35'56°E 2&9A0 7 S 89'3556`E - - PROPOSED TNR ZONE — 3.66 ACRES e H i N 63'35'S8'1y- 78814' 1 y I CURE RAOl19; D&TA cm mm vwff 0010 cm mm Cl 25.00 9dT00'00` 39.27 25.00 35.36 N 4524'04° E I C2 25.00 96'00'00' 3927 25.E 35.38 S 44'3558' E C3 20.00 96'06'06' 31.42 20.00 26.28 S 45'24'64' W SCALE 1'=2W' PROPOSED TNR ZONE 0W0.DATE 07/26/07 btda 07/26 GRAMERCY SUBDIVISION !GINEERING SOLUTION&P PW. & 60615 t OF 1 DATED 1N THF NE 1/4 OF SECTION 20, T.3N., R tE, BJd MOWIAN ADA COUNft WHO X029 N. ROSARIa STREET, SUITE X66 UERIOIAN, IUAato 83842 Pfwm ( eae-oeeo Fmt (2a) as -ml Exhibit C CITY OF MERIDIAN PLANNINREPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to rezone 3.66 acres from R-15 to TN -R. 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 established regulations and purpose statement of the TN -R 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 any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment should not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-511-3.E). This finding is not applicable to the subject rezone request. 2. Conditional Use Permit Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that if the site is designed according to the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-15 district and the multi -family Specific Use Standards. Exhibit D CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THE HEA• DATE OF DECEMBER 4, 2007 b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed multi -family residential use in the existing R-15 zone meets the objectives of the Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the proposed multi -family development is compatible with other uses in the general area and will not adversely change the character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department and other agencies. E That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The City Council recognizes the fact that traffic and noise will increase with the approval of this development; however, the City Council does not believe that the amount generated will be detrimental to the general welfare of the public. Exhibit D 0 CITY OF MERIDIAN PLANNINREPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural 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. 3. 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. Staff supports the proposed density and proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The 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 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, ACHD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and 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 determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. Exhibit D CITY OF MERIDIAN PLANNINREPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 6. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic, or historic features on this site. Therefore, the City 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 D December 14,2W7 SHP 07-008 MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT Kenai Partners, LLC ITEM NO. 5-G REQUEST Findings for Approval — Request for a Short Plat approval to create 2 building lots on 4.86 acres in a C -G zone for Gramercy — 1925 South Wells 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 a 0, YLL Contacted: Date: I �W Phone: Emailed: t Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 0 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER L DEC 13 2007 City Of Mer din City Clerk Office fERIDIANt.--.---,IDAHO In the Matter of Gramercy Subdivision Short Plat for 2 building lots on 4.86 acres in a C -G zoning district, by Kenai Partners, LLC. Case No(s). SHP-07-008 For the City Council Hearing Date oh. December 4, 2007 (Findings on the December 18, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 4, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 4, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 4, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 4, 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. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-07-008 -1- 0 0 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Short Plat and Conditions of Approval all in the attached Staff Report for the hearing date of December 4, 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 Short Plat as evidenced by having submitted the Short Plat dated 10/25/07 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 4, 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, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-07-008 -2- 0 0 and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of December 4, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-07-008 -3- y action of the City Council at its regular meeting held on the 2007. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD 0 day of VOTED*44-..,,' VOTED Ue,Gv VOTED G'�Ga. • worlurm) VOTED �MAYQI�' DE WEERD OF ATTEST: ®,tea WILLIAM G. BERG, JR., C1-- 1 E Copy served upon: Apphcant`�%,,,,��011oe Planning Department -Public Works Department City Attorney By:—)D w Y Dated: 12-21-0-1 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-07-008 -4- 44) CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: HEARING DATE: December 4, 2007 IDAHO 1 �1 TO: Mayor & City Council FROM: Jenny Veatch, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator 208-898-5500 SUBJECT: Gramercy Subdivision Short Plat Request for Approval of Gramercy Subdivision Short Plat Consisting of 2 Building Lots on 4.86 Acres in a C -G Zone by Kenai Partners, LLC (File# SI -LP -07-008) We have reviewed this submittal and offer the following conditions of the applicant. SUMMARY RECOMMENDATION A. i. In favor: Becky McKay ii. In opposition: None iii. Commenting: None iv. Written testimony: None V. Staff presenting application: Anna Carmine vi. Other staff commenting on application: None b. Key Issues of Discussion by Co nc'l: i. Maintain cross -access easements c. Kev Council Changes to Staff Recommendation i. None PROCESS FACTS a. The subject application will in fact constitute a short plat as determined by City Ordinance. By reason of the provisions of UDC 11-5B-3, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: November 12, 2007 and November 26, 2007 c. Radius notices mailed to properties within 300 feet on: November 9, 2007 APPLICATION SUMMARY & LOCATION The applicant, Kenai Partners, LLC, has applied for short plat approval of 2 commercial building lots on 4.86 acres in a C -G zone for Gramercy Subdivision. Gramercy Subdivision is located at 1925 S, Wells Avenue on the east side of Mountain View High School, south of E. Overland Road in the West %z of the NE '/ of Section 20, T.3N., R.M. This property was previously platted as Lot 7, Block 3 of Gramercy Subdivision No. 1. SHP-07-008 Gramercy Subdivision SHP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT The subject property meets all of the applicability requirements as stated in UDC 11-613-5A and is eligible to be processed as a short plat. Staff recommends approval of Gramercy Subdivision Short Plat with the comments and conditions stated in this report. REQUIRED FINDINGS FROM UDC 11-611-6 In consideration of a short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; The Comprehensive Plan designates the future land use of this property as Mixed Use - Regional. The current zoning district of the proposed subdivision is C -G (General Retail and Service Commercial). The proposed subdivision plat complies with the Comprehensive Plan. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are available to accommodate the proposed development. Water and sewer services are proposed to be extended into each lot from adjacent streets. Fire, police, solid waste and irrigation services are all adequate. The adjacent public roadways have been completed to the required design and approach standards. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Council finds that the subdivision will not require the expenditure of capital improvement funds. All sewer and water extension for this area were planned to be developer driven. All required utilities are either in place or will be put in as a requirement of the developer. D. There is public financial capability of supporting services for the proposed development; Council finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owners will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. E. The development will not be detrimental to the public health, safety or general welfare; and Council recognizes the fact that traffic and noise may increase with the approval of this subdivision; however, Council does not believe that any additional amount generated will be detrimental to the general welfare of the public in the surrounding area. Council finds that the development of this site will not involve uses that will create nuisances that would be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. Council is not aware of any significant natural, scenic or historic features associated with the development of this site that the Director and City Engineer should be aware of. PLANNING & PUBLIC WORKS DEPARTMENTS - SITE SPECIFIC CONDITIONS SIIP-07-008 Gramercy Subdivision SHP.doc PAGE 2 CITY OF MERIDIAN PINING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Comply with all conditions of Gramercy Subdivision Number 1. 2. Complete the Certificate of Owners. This Short Plat shall become null and void if the applicant fails to obtain the city engineer's signature within one year of the approval date of the Short Plat. 4. For all private roadways, driveways, and as each lot develops a drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11 -3B -6-D). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. Staff's failure to cite specific ordinance provisions of the Unified Development Code does not relieve the applicant of responsibility for compliance. GENERAL REQUIREMENTS Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or he within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, and road base shall be approved prior to applying for building permits. 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. 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. SHP-07-008 Gramercy Subdivision SHP.doc PAGE 3 CITY OF MERIDIAN PLONING AND PUBLIC WORKS DEPAR40MENTS STAFF REPORT 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOMMENDATION Staff recommends approval of the short plat for Gramercy Subdivision Short Plat (SHP-07-008) with the above stated conditions. Exhibit 1. Short Plat SBP -07-008 Gramercy Subdivision SBP.doc PAGE 4 CITY OF MERIDIAN PLONING AND PUBLIC WORKS DEPAR*ENTS STAFF REPORT Submitted Short Plat L 'ON 'OHM NOUM053H I ------------ � �N SII I �6 I I , gg is Ila N '�NI$ Exhibit 1 L 'ON VMS e m w 3S 6F � �N SII I �6 ���� gg is II O Iggni 6______ I I�®� AON3YIVH0 6 � ii °� i I I I I I I q II I �m $off .SS .3'� �a tOS iA9E R6 � m 53 e. 4 q �g 19 9 0 ONS � ��$$!yp§6°i gll$$ g g I �$o�® v tl m D o 0 I I I I I 1Y ilia 11 510 X, 11 IP11 'Rill's i A M N -1 Is, M -loo i41 1s 19 0 0 December 14, 2007 S H P 0-009 MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT Penwood III, LLC ITEM NO. 5-H REQUEST Findings for Approval — Request for a Short Plat Approval to create 4 units in 1 commercial building lot on 0.20 of an acre in a C -G zone for Newton's Nook Condominiums — 429 Southwest 5th Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Materials presented See attached flndings vAl Date: Lg 7 4% Phone: M—k j 7 Staff Initials: A� meetings shall become properly of the City of Meridian. 0 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • RECEIVED DEC 13 2007 City Of Meridian Ciity Clerk Office �E IDIZ IAN; In the Matter of Newton's Nook Condominium Short Plat for 4 condominium units on 1 building lot on 0.20 acres in a C -G zone, by Penwood III, LLC. Case No(s). SHP-07-009 For the City Council Hearing Date of: December 4, 2007 (Findings on the December 18, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 4, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 4, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 4, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 4, 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. 02-3 82 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-07-009 -1- • 0 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Short Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of December 4, 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 Condominium Short Plat as evidenced by having submitted the Condominium Short Plat dated 10/26/07 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 4, 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, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-07-009 -2- • 0 and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of December 4, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-07-009 -3- :7 B action of the City Council at its regular meeting held on the l day of JlofPl A. 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED_8�'� COUNCIL MEMBER JOE BORTON VOTED_66C� COUNCIL MEMBER CHARLIE ROUNTREE VOTED— COUNCIL MEMBER KEITH BIRD VOTED_#GG — TIE BREAKER MAYOR TAMMY de WEERD VOTED �- - - - - '/w" �' � Z'g &") MAYO?,T ' � J?E WEERD ATTEST: AL - WILLIAM G. BERG, JR., CUY CLEF Copy served upon: toe Applicant Planning Department _Public Works Department City Attorney B y Dated *Clerk'sdfhVe Z-71-0"1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SIP -07-009 -4- CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTATS COUNCIL REPORT STAFF REPORT: ERIDIAN ,- HEARING DATE: December 4, 2007 TO: Mayor & City Council FROM: Jenny Veatch, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator 208-898-5500 SUBJECT: Newton's Nook Condominiums Request for Short Plat Approval of Newton's Nook Condominiums consisting of 4 Commercial Condominium units within 1 building in an existing C -G Zone by Penwood lII, LLC (File# STIP-07-009) We have reviewed this submittal and offer the following conditions of the applicant. SUMMARY RECOMMENDATION Summary of City Council Public Hea 'ring• i. In favor: None ii. In opposition.• None iii. Commenting: None iv. Written testimony Applicant's letter of agreement with conditions V. Staff presenting application: Anna Canning vi. Other Staff commenting on application: None b. Key Issues ofDiscussion by Council: i. None c. ICU Council Changes to Council Recommendation i. None PROCESS FACTS a. The subject application will in fact constitute a short plat as determined by City Ordinance. By reason of the provisions of UDC 11-5B-3, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: November 12, 2007 and November 26, 2007 c. Radius notices mailed to properties within 300 feet on: November 9, 2007 APPLICATION SUMMARY & LOCATION The applicant, Penwood III, LLC, has applied for short plat approval of 4 condominium units within 1 building on 0.20 acres in a C -G zone for Newton's Nook Condominiums on Lot 4, Block 1 of Newton's Nook Subdivision. SHP-07-009 Newton's Nook Subdivision SHP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMOTS COUNCIL REPORT Newton's Nook Subdivision is located at 429 SW 5t' Avenue on the south side of W. Franklin Road just west of S.W. 5h Avenue, in the NE '/a of Section 13, T.3N., R.1E. This property was previously platted as Lot 4, Block 1 of Newton's Nook Subdivision. The subject property meets all of the applicability requirements as stated in UDC 11 -6B -5A and is eligible to be processed as a short plat. Staff recommends approval of Newton's Nook Condominiums Short Plat with the comments and conditions stated in this report. REQUIRED FINDINGS FROM UDC 11-611-6 In consideration of a short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; The Comprehensive Plan designates the future land use of this property as commercial. The current zoning district of the proposed subdivision is C -G (General Retail and Service Commercial). The proposed subdivision plat complies with the Comprehensive Plan. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are available to accommodate the proposed development. Water and sewer services are proposed to be extended into each lot from adjacent streets. Fire, police, solid waste and irrigation services are all adequate. The adjacent public roadways have been completed to the required design and approach standards. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Council fords that the subdivision will not require the expenditure of capital improvement funds. All sewer and water extension for this area were planned to be developer driven. All required utilities are either in place or will be put in as a requirement of the developer. D. There is public financial capability of supporting services for the proposed development; Council finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owners will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. E. The development will not be detrimental to the public health, safety or general welfare; and Council recognizes the fact that traffic and noise may increase with the approval of this subdivision; however, Council does not believe that any additional amount generated will be detrimental to the general welfare of the public in the surrounding area. Council finds that the development of this site will not involve uses that will create nuisances that would be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. Council is not aware of any significant natural, scenic or historic features associated with the development of this site that the Director and City Engineer should be aware of. SHP-07-009 Newton's Nook Subdivision SHP.doc PAGE 2 CITY OF MERIDIAN PL•ING AND PUBLIC WORKS DEPARTMOTS COUNCIL REPORT PLANNING & PUBLIC WORKS DEPARTMENTS - SITE SPECIFIC CONDITIONS 1. Comply with all conditions of Newton's Nook Subdivision. 2. This Short Plat shall become null and void if the applicant fails to obtain the city engineer's signature within one year of the approval date of the Short Plat. 3. Revise or add the following plat notes on the face of the plat prepared by J.J. Howard Engineering, and dated 10/26/07: (*) Add a note stating, "The bottom elevation of house footings shall be set a minimum of 12 inches above the highest known normal ground water elevation." 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11 -3B -6-D). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. Staff's failure to cite specific ordinance provisions of the Unified Development Code does not relieve the applicant of responsibility for compliance. GENERAL REQUIREMENTS Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, and road base shall be approved prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. SHP-07-009 Newton's Nook Subdivision SHP.doc PAGE 3 ! • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS COUNCIL REPORT 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOMMENDATION Staff recommends approval of the short plat for Newton's Nook Subdivision Short Plat (SHP-07- 009) with the above stated conditions. Exhibit 1. Condominium Plat SHP-07-009 Newton's Nook Subdivision SHP.doc PAGE 4 0 . CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS COUNCIL REPORT Submitted Condominium Plat g2 £ A Exhibit 1 5_W. 5TH AVE_ CC� < p O O v cn 1 L a Ig ig g, All5�R�& 0 pq� 1; 8g a 4- �� R �>G o1=1a.j� lx a Ago9 AB R! # q ifl p 1. 89g8X 158all z�§°� sg� a 68x88 1.1,61 8 19481 fill 29 J1 �j 13� 6 0 FRANKLIN SaMZ SU rWWN S 00'27'00' W M m rw q 167.67 u la oosY6' . r R PD:N! DF B CM41-N0 500'262 9t, �-� RC 0.96'iso 5 tiaG .:Jg f�D' gE2) 1I.2S N W.W" E N oD"e7"6' E 80.97 5_W. 5TH AVE_ CC� < p O O v cn 1 L a Ig ig g, All5�R�& 0 pq� 1; 8g a 4- �� R �>G o1=1a.j� lx a Ago9 AB R! # q ifl p 1. 89g8X 158all z�§°� sg� a 68x88 1.1,61 8 19481 fill 29 J1 �j 13� 6 0 December 14, 2007 PP 07-014 MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT Kuna Victory, LLC ITEM NO. 5-1 REQUEST Findings for Approval — Request for Preliminary Plat approval for 34 commercial / retail building lots & 1 common lot on 17.84 acres within C -G zone for Emerson Park Commercial — 2910 & 3030 S. Meridian Road & 110 E. Victory AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT. ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached Findings OTHER: Contacted:4� ( Date: !? 0 hone: St Emailed: --- �Zr'�O.-�'QZna rcv ,GOm Ini •als: /l Materials presented at public meeflngs shall become properly of the City of Meridian. 0 0 RECEIVED DEC 18 2007 City Of Meridian. City Clerk Office CITY FFINDINGS OFFACT, ONRIDCLUSIONS E IDIAN,--- OF LAW AND I �► li DECISION & ORDER In the Matter of Preliminary Plat for 34 commercial retail building lots and 1 common lot on 17.84 acres in a C -G zone for Emerson Park, by Kuna Victory, LLC. Case No(s). PP -07-014 For the City Council Hearing Dates of. October 2, and 23, 2007, November 7, 2007, and December 4, 2007 (Findings on the December 18, 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. 02-3 82 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -07-014 -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 Preliminary Plat and the Conditions of Approval 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 Preliminary Plat as evidenced by having submitted the Preliminary Plat prepared by Toothman-Orton Engineering Company, dated 7/6/07 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 October 23, 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 record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -07-014 -2- • E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 23, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -07-014 -3- 0 By action of the City Council at its regular meeting held on the 1 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 DE WEERD ATTEST: SELL ILLIAM G. BERG, Jlt, C °°��P/PPllPll 1141111```\ Copy served upon: Applicant lammng Department Public Works Department City Attorney By- Dated: Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -07-014 -4- CITY OF MERIDIAN PLANNINIEPARTMENT STAFF REPORT FOR THE HEAS DATE OF OCTOBER 23, 2007 STAFF REPORT Hearing Date: October 23, 2007 (Continued from October 2, 2007) vIDIAN7;--6P-- TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: Emerson Park Commercial • PP -07-014 Preliminary Plat for 34 commercial retail building lots and 1 common lot on 17.84 acres in a C -G zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Kuna Victory, LLC, has applied for Preliminary Plat (PP) approval of 34 commercial retail building lots and 1 common lot on 17.84 acres in an existing C -G zone for Emerson Park Commercial. The site is located at 2910 & 3030 S. Meridian Road and 110 E. Victory Road, on the northeast comer of S. Meridian Road and E. Victory Road. This property is within the City's Urban Service Planning Area and is currently within the corporate boundaries of the City. 2. SUMMARY RECOMMENDATION The subject application (PP -07-014) was submitted to the Planning Department for review. Staff has provided a detailed analysis and recommended conditions of approval for the PP application. Staff is recommending that the PP application be approved with the conditions listed in Exhibit B of the staff report. The Meridian Planning & Zoning Commission heard this item on September 6. 2007. At the public hearing they moved to recommend approval of the subject PP request. a. Summary of Commission Public Hearing: i. In favor: Chris Tverdy, Oaas Laney ii. In opposition: None iii. Commenting: None iv. Written testimony: None V. Staff presenting application: Sonya Watters vi. Other staff commenting on application: Caleb Hood b. Key Issue(s) of Discussion by Commission: i. The existence of the buffer along Victory Road within the right-of-way rather than on the property, as required by the UDC; ii. The existence of a previously approved parking lot for the 2M building within the required buffer area along Victory Road; iii. Widening the existing 5 -foot wide sidewalk along Meridian Road to a 10 -foot wide sidewalk as required by the UDC along state highways. c. Key Commission Change(s) to Staff Recommendation: i. Strike condition 1.4, that required a 10 -foot wide pathway along SH 69/Meridian Road. from Exhibit B of the staff report; ii. Modify condition 1.1.6b, requiring a 25 -foot wide buffer along Victory Road and instead require Alternative Compliance; provide 15' wide buffer where there is adequate room available on the site. Alternative Compliance application shall be submitted prior to or concurrently with the final plat application; iii. Strike condition 1.1.6F, requiring a 10 -foot wide pathway be depicted on the landscape plan along SH 69/Meridian Road. from Exhibit B of the staff report; Emerson Park Commercial PP -07-014 Page 1 CITY OF MERIDIAN PLANNININEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF OCTOBER 23, 2007 iv. Modify condition 1.1.7 to require a minimum 15 foot wide buffer to be located outside of the ultimate right of way along Victory Road, instead of a 25 -foot wide buffer, where no buildings or parking lots exist, V. Modify condition 1.1.13 in Exhibit B to allow for the relocation of the existing access to/from Meridian Road further to the north if agreeable with the owners of Double D, ITD, and the City Council. A Variance is required to be approved by City Council for the relocation of an existing access point to a state highway; vi. Modify condition 1.2.2 in Exhibit B to allow the pond to remain but require it to have re -circulating water and be maintained so that it does not create a mosquito breeding ground in accordance with UDC 11 -3B -9C6; (Staff relocated this condition to the Site Specific Conditions ofApproval section as condition L1.14.) vii. Modify condition 2.1 in Exhibit B to read, "Staff will work with the Applicant to draft a reimbursement agreement that will go before City Council for approval, as outlined in City Code 9-4-1911; viii. Modify condition 3.17 in Exhibit B to allow for the option of incorporating the required emergency access into the requested stub street along the northern boundary of the property. Construction plans shall be approved by the Meridian Fire Department; and ix. Modify condition 1.1.1 in Exhibit B to require the Applicant to apply for a Miscellaneous application to amend the existing Development Agreement for this site to reflect the conditions of aDDroval for the subiect ureliminary plat. d. Outstanding Issue(s) for City Council i. None 11< Emerson Park Commercial PP -07-014 Page 2 CITY OF MERIDIAN PLANNINMEPARTMENT STAFF REPORT FOR THE HEM MG DATE OF OCTOBER 23, 2007 iii. _Relocation of the existing access uoint to SH 69 for Double D furthcrAoAhc north thropa the Variance app ication nrocecc_ iv. The applicant's request for reconsideration (at the December 4'h hearinv,) to 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number PP -07-014 as presented in the staff report for the hearing date of October 23, 2007, with the following modifications to the conditions of approval: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number PP -07-014 as presented during the hearing on October 23, 2007, for the following reasons: (State specific reasons for denial of the preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number PP -07- 014 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2910 & 3030 S. Meridian Road and 110 E. Victory Road The site is located on the northeast corner of S. Meridian Road and E. Victory Road, in the southwest % of Section 19, Township 3 North, Range 1 East. Tax Parcels: R5915720010, R5915720020, R5915720040 b. Applicant: Kuna Victory, LLC P.O. Box 2020 Boise, ID 83701 c. Owners: Kuna Victory, LLC P.O. Box 2020 Boise, ID 83701 and Tim Mussell 3800 S. Meridian Road Emerson Park Commercial PP -07-014 Page 3 T"I �_ • I I _ I Q _I_ 1 1_ I I 1 i M I _I_ t,- I II 11 !- (rt I i -L 11 U.I I__� I.I. �. �-11-:__.. !•.��__�_�_.� I 1_:.�1.1_I 1 '..I :� �_.�� 1_�_ :� 1 i.. I I 1 F I 1 �_I 1 !J1.: i..._ • I I• L _1 it I I I .. ' I I 1 • I 1 J 1. • I _ , 1 1 _ 1 .I_ I ' I I- I ' I _ . I I _ , I 1 i � _ I_ _ 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number PP -07-014 as presented in the staff report for the hearing date of October 23, 2007, with the following modifications to the conditions of approval: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number PP -07-014 as presented during the hearing on October 23, 2007, for the following reasons: (State specific reasons for denial of the preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number PP -07- 014 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2910 & 3030 S. Meridian Road and 110 E. Victory Road The site is located on the northeast corner of S. Meridian Road and E. Victory Road, in the southwest % of Section 19, Township 3 North, Range 1 East. Tax Parcels: R5915720010, R5915720020, R5915720040 b. Applicant: Kuna Victory, LLC P.O. Box 2020 Boise, ID 83701 c. Owners: Kuna Victory, LLC P.O. Box 2020 Boise, ID 83701 and Tim Mussell 3800 S. Meridian Road Emerson Park Commercial PP -07-014 Page 3 CITY OF MERIDIAN PLANNIAPARTMENT STAFF REPORT FOR THE HEAL DATE OF OCTOBER 23, 2007 Meridian, ID 83642 d. Representative: Richard Kinder, Toothman-Orton Engineering Company e. Present Zoning: C -G (General Retail & Service Commercial District) f. Present Comprehensive Plan Designation: Commercial g. Description of Applicant's Request: The Applicant is requesting preliminary plat approval of 34 commercial building lots and 1 common lot on 17.84 acres in an existing C -G zone. 1. Preliminary Plat, labeled Sheet 1 of 1, prepared by Toothman-Orton Engineering Company, dated 7/6/07 (attached in Exhibit A) 2. Landscape Plan, labeled Sheet Ll of L2, prepared by Toothman-Orton Engineering Company, dated 7/13/07 (attached in Exhibit A) h. Applicant's Statement/Justification: "The proposed Emerson Park Subdivision is a re -subdivision of Lots 1, 2, and 4, Block 1 of the Mussell Corner Subdivision. The intent of the development is to divide the subject property into reasonable sized lots for individual or multiple sales, to facilitate light industrial, commercial, retail and service markets. A concept plan showing potential layout of buildings and parking areas is provided within the application. The plan is conceptual in nature and intended to demonstrate the flexibility with individual or multiple lot sales, specifically related to building sizes, parking areas, and access." (See Applicant's narrative submitted with the application for more information) 5. PROCESS FACTS a. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the Commission and City Council on this matter. b. Newspaper notifications published on: August 20, 2007 and September 3, 2007 (Commission); September 10 & 24, 2007 and November 12 & 26, 2007 (City Council) c. Radius notices mailed to properties within 300 feet on: August 10, 2007 (Commission); September 7, 2007 and November 9, 2007(City Council) d. Applicant posted notice on site by: August 24, 2007 (Commission); October 4, and November 15, 2007 (City Council) 6. LAND USE a. Existing Land Use(s): The site is currently being used as a nursery for Victory Greens. b. Description of Character of Surrounding Area: The property is bordered on the south by Victory Road and on the west by Meridian Road and is surrounded on the north and east with existing and future residential uses with future offices across the street on S. Meridian Road. This property is located within a rapidly developing area of the City. c. Adjacent Land Use and Zoning: 1. North: Future single-family residential (Bitterbrush Point Sub.), zoned R-4; and a veterinary clinic, zoned RUT (Ada County) 2. East: Single-family residential, zoned R-4 3. South: Victory Road and Tanana Valley (mixed-use subdivision), zoned R-8 4. West: Meridian Road and Strada Bellissima Subdivision, zoned L -O Emerson Park Commercial PP -07-014 Page 4 CITY OF MERIDIAN PLANNINIEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF OCTOBER 23, 2007 d. History of Previous Actions: • This property was annexed (AZ -03-038) with a C -G zone in 2003. A Development Agreement was approved with the annexation (Instrument No. 104153422) and amended in 2006 (Instrument No. 106155843). • This property was platted (PFP-03-007) in 2004 as Lots 1, 2, and 4, Block 1 of Mussell Corner Subdivision. • A Conditional Use Permit/Planned Development (CUP -03-071) was approved in 2004 for a combination feed store and gas/convenience station (which are not a part of the subject plat) and to allow the existing commercial and residential uses to remain. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sanitary sewer service for the north portion of this development shall be via extension of the main in Meridian Road. The south portion of the project will sewer to the Black Cat trunk. Location of water: Water service to this site is being proposed via the existing mains in E Victory Road, and S. Meridian Road. 2. Vegetation: There are some existing trees on this property. 3. Floodplain: NA 4. Canals/Ditches/Irrigation: The Kennedy Lateral runs along the northeast boundary of this property. 5. Hazards: Planning Staff is unaware of any hazards that may exist on this site. 6. Proposed Zoning: NA 7. Size of Property: 17.84 acres f. Subdivision Plat Information: 1. Residential Lots: 0 2. Non-residential Lots: 34 3. Total Building Lots: 34 4. Common Lots: 1 (containing a pond, sitting area, and mature trees) 5. Other Lots: 0 6. Total Lots: 35 7. Open Lots: 0 8. Residential Area: NA 9. Gross Density: NA 10. Lot Sizes: Buildable lots range in size from 0.19 of an acre to 1.28 acres g. Landscaping: 1. Width of street buf&T(s): UDC 11-2C-3 requires a minimum 35 -foot wide buffer along S. Meridian Road (a 70 foot wide buffer is shown) and a minimum 10 -foot wide buffer along Holleran Drive and Emerson Street, as shown. Landscaping shall be provided in accordance Emerson Park Commercial PP -07-014 Page 5 CITY OF MERIDIAN PLANNINNEPARTMENT STAFF REPORT FOR THE HEAG DATE OF OCTOBER 23, 2007 with UDC 11-3B-7, Landscape Buffers along Streets. 2. Width of buffer(s) to adjoining uses: A 25 -foot wide buffer is required along the northeast and an east boundary of the subdivision adjacent to the existing residential uses and zones. Landscape buffers to residential uses and zones shall be provided in accordance with UDC 11-3B-9. 3. Percentage of site as open space: NA, however the applicant is proposing to retain the pond amenity that was required as part of the overall planned development approval in 2003 (Lot 6, Block 2) 4. Other landscaping standards: Mitigation shall be required for all existing trees 4 -inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accordance with UDC 11-3B-10, Tree Preservation. h. Dimensional standards for the C -G zone per UDC 11-2B-3: DIMENSIONAL STANDARDS* C -G Front setback ( in feet) 0 Rear setback (in feet) 0 Interior side setback (in feet) 0 Street landscape buffer (in feet) Local 10 Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 Landscape buffer to residential uses (in feet)"* 25 Maximum building height (in feet) 65 Maximum building size without design standard approval as set forth in 11-3A-19 (in square feet) 200,000 Parking requirements See Chapter 3 Article C OFF-STREET PARKING AND LOADING REQUIREMENTS Landscaping requirements See Chapter 3 Article B LANDSCAPING REQUIREMENTS *All setbacks shall be measured from the ultimate right-of-way for the street classification as shown on the adopted Transportation Plan. "minimum setback only allowed with reuse of existing residential structure. ***Where the adjacent property is vacant, the Director shall determine the adjacent property designation based on the Comprehensive Plan designation. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this development is proposed from E. Victory Road via the proposed Emerson Street. Staff is supportive of the proposed access point, provided an emergency access driveway for the Fire Department is provided at the north end of Holleran Drive to S. Meridian Road. Additionally, a blanket cross -access agreement to allow access to all proposed lots within the development is proposed. No access points are proposed to S. Meridian Road (SH 69) with this application and Emerson Park Commercial PP -07-014 Page 6 CITY OF MERIDIAN PLANNINAEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 none are approved. However, there is an existing access at the north end of this property that should be closed. Further, there is an existing right-in/right-out access to Meridian Road, located on the Double D site. This access was approved as part of the Mussell Comer development. The driveways in this project should have access to this previously approved access point. ACHD has submitted comments on this application and is supportive of the proposed access points and street layout (see Exhibit B.) (See Section 10, Analysis, for more information regarding access and streets.) 7. COMMENTS MEETING On August 17, 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 as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. The Comprehensive Plan defines Commercial as follows: "This designation will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi -family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone." The current C -G zoning of this property is consistent with the Comprehensive Plan Future Land Use Map designation of "commercial" for this property. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): • 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 lands 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 City Fire Department, who currently shares resources and personnel with the Meridian Rural Fire Department. ➢ The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). ➢ Victory Road is currently owned and maintained by the Ada County Highway District (AChD), S. Meridian Road (SH 69) is currently 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. Emerson Park Commercial PP -07-014 Page 7 CITY OF MERIDIAN PLANNINOEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF OCTOBER 23, 2007 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. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)" (Chapter VII, Goal IV, Objective D, Action 4) The applicant is required to install and maintain landscaping within the street buffers located along S. Meridian Road and E. Victory Road in accordance with UDC 11-3B-7. A minimum 35 foot wide buffer is required along S. Meridian Road and a minimum 2S foot wide buffer is required along S. Victory Road. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the current C -G zoning of the property will allow for many different types of commercial uses that will contribute to the variety of uses in this area. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) The applicant is not required to install internal landscaping with the subject preliminary plat application; however, street buffer, perimeter landscaping, and common area landscaping is required with this application. Internal landscaping will be required upon development of each lot within the subdivision with CUP & CZC approval. • "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Objective B, Action 5, page 109) The proposed commercial lots should complement surrounding residences by providing much needed services in this part of the City. • "Require screening and buffering of commercial and industrial properties and residential use with transitional zoning." (Chapter VII, Goal IV, Objective A, Action 6) Upon development of the property, a 25 foot wide land use buffer will be required along the boundaries of the site that are adjacent to residential uses and/or zones. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C -G zoning district. Retail Stores, restaurants, financial institutions, fuel sales facility, personal & professional services, among other uses, are listed as principal permitted uses in the C -G zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. c. Structures subject to Design Standards: Per CUP -01-009, all future structures on this site that are adjacent to an entryway corridor (S. Meridian Road) are subject to the design standards listed in UDC 11 -3A -19C. Emerson Park Commercial PP -07-014 Page 8 CITY OF MERIDIAN PLANNINWARTMENT STAFF REPORT FOR THE HEAL DATE OF OCTOBER 23, 2007 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Code, Staff believes that this is a good location for the proposed commercial subdivision. Please see Exhibit C for detailed analysis of facts and findings for a preliminary plat. Dimensional Requirements of the C -G zone per UDC Table 11-2C-3: There is no minimum front, rear, or interior side setback requirements in the C -G zone. Proposed buildable lots range in size from 0.19 of an acre to 1.28 acres. The maximum building height allowed in the C -G zone is 65 feet. All future structures on this site that are adjacent to S. Meridian Road, an entryway corridor, will be subject to design standard approval in accordance with UDC 11 -3A -19C. Future buildings proposed on the subject lots shall meet the minimum dimensional standards listed in UDC 11-2B-3 and #6h above. A 35 -foot wide buffer is required along S. Meridian Road; a 25 - foot wide buffer is required along E. Victory Road; and a 10 -foot wide buffer is required along Holleran Drive and Emerson Street. These buffers shall be depicted on the plat as a permanent easement/buffer or included as a common lot in the subdivision and shall be maintained by the Business Owner's Association. Landscaping: The Applicant submitted a landscape plan with the preliminary plat application which Staff has reviewed for compliance with the UDC. Staff is generally supportive of the submitted landscape plan. However, per the UDC, a 25 -foot wide buffer is required adjacent to residential uses. A residential subdivision, Bitterbrush Point, is currently in the development process northeast of the site. The Bitterbrush plat and landscape plan show a 25 -foot wide buffer within the Kennedy Lateral easement to be planted with grass (no trees or shrubs). Staff does not believe that an additional 25 -foot wide buffer should be required on this property. However, the current buffer does not meet the requirements for buffers adjacent to residential uses (UDC 11- 3B -9C). These types of buffers are required to be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover that results in a barrier that allows trees to touch at the time of the tree maturity. Staff does not necessarily believe that the aforementioned buffer, if constructed, would meet the intent of the UDC in providing a buffer to the adjacent future residential uses because there is a substantial difference in elevation between the two properties; this property sits quite a bit lower than the Bitterbrush property. Further, there is an irrigation district easement in this area and the District will not allow trees within their easements. For these reasons, Staff is including a condition of approval that the Applicant either landscape the 30 -foot wide Kennedy Lateral easement with grass and low lying bushes or shrubs (not trees) or provide a 5 -foot wide buffer outside of the Kennedy Lateral easement planted with trees and vegetation in accordance with the standards listed in UDC 11 -3B -9C. Staff also notes that a substantial amount of trees are missing within the 10 - foot wide street buffers adjacent to Holleran Drive & Emerson Street; 1 tree is required per 35 lineal feet along with vegetative groundcover in compliance with UDC 11 -3B -7C. The landscape plan submitted for this project, prepared by Toothman-Orton Engineering, labeled Sheets Ll & L2, dated 7/13/07, is approved subject to the following revisions/notes: • A greater than 35 -foot wide buffer is shown on the landscape plan along S. Meridian Road, as required by the UDC. Provide a minimum 35 -foot wide landscape buffer along S. Meridian Road in accordance with the standards listed in UDC 11-313-7, Landscape Buffers along Streets. A minimum density of 1 tree per 35 linear feet is required within the buffer with shrubs, lawn, or other vegetative groundcover. A 25 -foot wide buffer is shown on the landscape plan along E. Victory Road, as required Emerson Park Commercial PP -07-014 Page 9 CITY OF MERIDIAN PLANNINNEPARTMENT STAFF REPORT FOR THE HEAR*G DATE OF OCTOBER 23, 2007 by the UDC. Provide a minimum 25 -foot wide landscape buffer along E. Victory Road in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. A minimum density of 1 tree per 35 linear feet is required within the buffer with shrubs, lawn, or other vegetative groundcover. Provide additional trees and landscaping within the Victory Road buffer to meet this requirement. A 10 -foot wide buffer is shown on the landscape plan along Holleran Drive and Emerson Street, as required by the UDC. Provide a minimum 10 -foot wide landscape buffer along Holleran Drive and Emerson Street as shown on the landscape plan in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. A minimum density of 1 tree per 35 linear feet is required within the buffers with shrubs, lawn, or other vegetative groundcover. Provide additional trees and landscaping within the Holleran Drive & Emerson Street buffers to meet this requirement. Provide a minimum 25 -foot wide landscape buffer adjacent to parcel #R2114050305 as required by UDC 11-2B-3, in accordance with the standards listed in UDC 11-3B-9, Landscape Buffers to Adjoining Uses. Buffer shall be provided comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover at a density that results in a barrier that allows trees to touch at the time of the tree maturity. • The Applicant shall either landscape the 30 -foot wide Kennedy Lateral easement with grass and low lying bushes or shrubs (not trees) or provide a 5 -foot wide buffer outside of the Kennedy Lateral easement planted with trees and vegetation in accordance with the standards listed in UDC 11 -3B -9C, Landscape Buffers to Adjoining Uses, to meet the requirement for a buffer to residential uses. • Depict a 10 -foot wide multi -use pathway along S. Meridian Road as required by UDC 11 -3H -4C4. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B- 14; • Comply with the standards in UDC 11 -3B -10C for preservation of existing trees on site as follows: ➢ Mitigation shall be required for all existing trees four -inch (4") caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent (100%) replacement. (Example: two (2) 10 -inch caliper trees removed may be mitigated with four (4) 5 -inch caliper trees, five (5) 4 - inch caliper trees, or seven (7) 3 -inch caliper trees.) ➢ No mitigation is required in the following: (i) existing prohibited trees within the street buffer or parking lot; (ii) existing dead, dying, or hazard trees certified prior to removal by the City of Meridian Parks Department arborist; (iii) trees that are required to be removed by another governmental agency having jurisdiction over the project. ➢ Required landscaping: Existing trees that are retained or relocated on site may count toward the required landscaping. Mitigation trees are in addition to all other landscaping required by this Article. Emerson Park Commercial PP -07-014 Page 10 CITY OF MERIDIAN PLANNINAPARTMENT STAFF REPORT FOR THE HEAT* DATE OF OCTOBER 23, 2007 Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Conceptual Development Plan: The Applicant submitted a concept plan, prepared by Toothman-Orton Engineering, dated May 8, 2007, with the preliminary plat application that shows how the site may develop in the future. Staff has reviewed the plan and notes the following: the access point to Meridian Road shown at the northwest corner of the site shall be removed; structures located on Lots 1-7, Block 1 adjacent to Meridian Road (an entryway corridor) shall comply with the design standards listed in UDC 11 -3A -19C; a driveway should be extended to the north property boundary and cross -access provided to parcel #R2114050305; and a buffer to residential uses shall be added along the north and northeast property boundaries. With these changes, staff is supportive of the proposed concept plan. Proposed Streets and/or Access: Access to this development is proposed from E. Victory Road via S. Emerson Street, a proposed public street. There is also an existing driveway to Victory Road that serves Lot 3 (not a part of this plat) and a driveway to Victory where Emerson Street is proposed. An existing secondary access, consisting of a right -in, right -out is located on S. Meridian Road, just to the west of the subject site on Lot 3 (not part of this plat). This secondary access primarily serves Lot 3 of Mussell Comer Subdivision (not part of this plat), and also serves Lots 1, 2, and 4 of the Mussell Comer Subdivision through an existing cross access agreement. There is also an access driveway at the north end of the site to Meridian Road that is being used for loading for Victory Greens. This driveway will be required to be removed and the use discontinued prior to signature on the final plat. A cross -access easement/agreement is required for all lots within the subdivision that do not have public street frontage. All lots within the subdivision that do not have public street frontage should have access to the public street system. This agreement(s) shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the final plat granting said cross -access. Cross -access should also be provided to the property to the north (parcel #R2114050305) and a driveway should be extended to the north property boundary for future connectivity per UDC 11 -3H -4B3 (see Development along State Highways below). Staff and ACHD are supportive of the proposed access points shown on the plat with the conditions listed in Exhibit B. The Fire Department is requesting an emergency access driveway be constructed to S. Meridian Road at the north end of Holleran Drive with a gate setback at least 30 feet from S. Meridian Road to provided room for fire trucks to pull off the highway. Development along State Highways: Because the west boundary of this site is located adjacent to S. Meridian Road/Highway 69, the standards listed in UDC 11-3H4B regarding development along State highways, apply to the development of this property. Specifically, a street is required to be constructed that parallels the state highway to accommodate future connectivity and access to all properties fronting a state highway that lie between the Applicant's property and the nearest section line road and/or half -mile collector road. Because the northern portion of the property is only 163 feet wide and a 35 foot wide buffer is required adjacent to S. Meridian Road, Staff does not believe that a public street connection is necessary. However, Staff is requesting that a driveway stub to the north property boundary and cross -access be provided to parcel #R2114050305. The driveway should be a minimum of 20 feet wide and be constructed to ACHD standards. Additionally, a 10 -foot wide multi -use pathway is required to be constructed adjacent to S. Meridian Road/Highway 69 within a public easement, per UDC 11 -3H -4C4. NOTE: A 5 -foot wide detached sidewalk was required to be constructed with the original plat (Mussell Corner Subdivision) along S. Meridian Road and E. Victory Road. Said sidewalk has been constructed on the site per the construction standards in effect at that time. Emerson Park Commercial PP -07-014 Page 11 CITY OF MERIDIAN PLANNINVEPARTMENT STAFF REPORT FOR THE HEA##G DATE OF OCTOBER 23, 2007 Since that time, the ordinance has changed to require a 10 foot instead of a 5 foot wide sidewalk. Because the UDC now requires a 10 -foot wide sidewalk, Staff is requesting that the sidewalk be widened to 10 feet. Elevations: The Applicant submitted conceptual building elevations with this application that match the elevations submitted and approved with the Development Agreement modification application (MI -06-005). Per provision 4.1a of the amended Development Agreement (Instrument No. 106155843), principal permitted uses on the subject property are allowed without CUP approval provided that: "All future buildings have sloped metal roofs with overhanging eaves that are supported by posts; are oriented toward the public street (front door facing street); siding visible from the street containing at least a 3 -foot tall wainscoting constructed of stone, brick, or other similar materials; that each building will provided a variety of building materials and colors; and each building is generally consistent with the nine pictures submitted with MI -06-005 (attached as Exhibit A.4), as determined by the Planning Director. If a future proposed building is not consistent with the above-mentioned provisions, then the building and use shall be required to obtain CUP approval prior to construction and operation." The Applicant shall comply with this requirement along with the other provisions listed in the DA. Design Standards: All structures proposed within the development that are adjacent to S. Meridian Road, an entryway corridor, shall be required to obtain design review approval and comply with the design standards listed in UDC 11 -3A -19C. Existing Structures: The site currently contains some existing structures located on Lot 22, Block 1; Lot 7, Block 2; and Lot 8, Block 2, which are proposed to remain at this time. All existing structures that do not meet setbacks or the dimensional standards of the UDC shall be removed prior to the City Engineer's signature on the final plat. Fencing: The Applicant is not showing any 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. Ditches, Laterals, and Canals: The Kennedy Lateral runs along the north and northeast boundary of this site and has been tiled. As 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, a single - point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 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. Certificate of Zoning Compliance: In addition to Design Review approval for structures that are located adjacent to S. Meridian Road, the Applicant shall be responsible to obtain a CZC permit from the Planning Department for all new construction or a change in use on the site prior to issuance of building permits. b. Staff Recommendation: Based on the above analysis, Staff is recommending that the PP application be approved with the conditions listed in Exhibit B of the staff report. The Meridian Planning & Zoning Commission heard this item on Seotember 6 2007 At the Emerson Park Commercial PP -07-014 Page 12 CITY OF MERIDIAN PLANNING9EPARTMENT STAFF REPORT FOR THE HEAL DATE OF OCTOBER 23, 2007 11. EXHMITS A. Drawings 1. Zoning/Vicinity Map 2. Preliminary Plat, prepared by Toothman-Orton Engineering Company, labeled Sheet 1 of 1, dated 7/6/07 3. Landscape Plan, prepared by Toothman-Orton Engineering Company, labeled Sheets L1 and L2, dated 7/13/07 4. Building Elevations 5. Conceptual Development Plan B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District Emerson Park Commercial PP -07-014 Page 13 CITY OF MERIDIAN PLANNINREPARTMENT STAFF REPORT FOR THE HEAVG DATE OF OCTOBER 23, 2007 A. Drawings 1. Zoning/Vicinity Map Exhibit A CITY OF MERIDIAN PLANNINSPARTMENT STAFF REPORT FOR THE HEAL DATE OF OCTOBER 23, 2007 2. Preliminary Plat A PRELIMINARY PLAT OF THE EMERSON PARK SUBDIVISION A RE—SUBD1 WON OF LOTS 1, 2, AND 4 OF BLOCK I OF THE MUSSM CORNER SUBDIVMON, SAID PARCELS BEING LOCATED JN TOWNSHIP 3 NORTH, RANGE 1 EAST; BOISE JMMMA; MOM. CITY OF 6MUMN, ADA COUNTY, IDAHO, 2007 1 �Cq' ods remr nn� � � m � � t pkMe MURMUR JV s Pa•a&— • I gjr �m �• 2 Exhibit A �e 'loaf ts� ummmi arty <orn®m® ® � &UIW m. CITY OF MERIDIAN PLANNIAPARTMENT STAFF REPORT FOR THE HEAR DATE OF OCTOBER 23, 2007 3. Landscape Plan SCAPE PIANS THE / PARK SUBDIVISION ass E m�®tem =- - xt `a n . ■ . IN .._ c,. :..,..:...._ PREL affARY LANDSCAPE PLANS THE EMERSON PARK SUBDIVISION CITY OF AMMIAN, ADA COMM IDAHO, $OOT Exhibit A CITY OF MERIDIAN PLANK* DEPARTMENT STAFF REPORT FOR THE HONG DATE OF JULY 5, 2007 4. Building Elevations Exhibit A CITY OF MERIDIAN PLANIO DEPARTMENT STAFF REPORT FOR THE HEONG DATE OF JULY 5, 2007 Ail Exhibit A CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR THE HENG DATE OF JULY 5, 2007 Exhibit A CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THE HYING DATE OF JULY 5, 2007 5. Conceptual Development Plan Exhibit C CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR THE HENING DATE OF JULY 5, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.1.1 The preliminary plat labeled as Sheet 1 of 1, prepared by Toothman-Orton Engineering Company, dated July 6, 2007, is approved with the conditions listed herein. The Applicant shall comply with all previous requirements of this site including those associated with AZ -03-038, PP -03-007, CUP -03-071, MI -06-005, and Development Agreement Instrument No.'s 104153422 & 106155843. The Applicant shall apply for a Miscellaneous application to amend the existing Development Agreement(s) for this site to reflect the conditions of approval of the subiect preliminary plat. 1.1.2 All future structures on the subject lots shall be required to obtain Certificate of Zoning Compliance (CZC) approval prior to issuance of building permits. Additionally, all structures on Lots 1-7, Block 1 that are adjacent to S. Meridian Road (an entryway corridor) shall also obtain Design Review approval with the CZC. 1.1.3 All future structures on the site that do not comply with the building elevations shown in Exhibit A.4 and the materials listed in the Development Agreement (Instrument No. 106155843), shall be required to obtain Conditional Use Permit approval prior to construction and operation. 1.1.4 Widen or- reeenstruc4 the existing sidewalk along S. Meridian Road to be a 10 fbot w; pathway in compliaaavc with UDC 11 314 4C4 and place said sideww a- t L. the fase f the f-. 1 1 t (f any rt' outside the right of r r 1.1.5 A driveway stub to the north property boundary and cross -access easement is required to be provided to parcel #R2114050305. The driveway shall be a minimum of 20 feet wide and be constructed to ACHD standards. Cross -access shall be provided through a recorded document and a copy of said easement shall be 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. 1.1.6 The landscape plan submitted for this project, prepared by Toothman-Orton Engineering, labeled Sheets L1 & L2, dated 7/13/07, is approved subject to the following revisions/notes: a. Provide a minimum 35 -foot wide landscape buffer along S. Meridian Road in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. A minimum density of 1 tree per 35 linear feet is required within the buffer with shrubs, lawn, or other vegetative groundcover. b. Provide a minimum 2515 -foot wide landscape buffer where there is adequate room available on the site where no buildims or parldns lots exist along E. Victory Road in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. A minimum density of 1 tree per 35 linear feet is required within the buffer with shrubs, lawn, or other vegetative groundcover. Provide additional trees and landscaping within the Victory Road buffer to meet this requirement. The Applicant shall submit an application for Alternative Compliance for a reduction in buffer width to 15 feet along Victory Road prior to or concurrent with the final plat application. c. Provide a minimum 10 -foot wide landscape buffer along Holleran Drive and Emerson Street as shown on the landscape plan and in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. A minimum density of 1 tree per 35 linear feet is required within the buffers with shrubs, lawn, or other vegetative groundcover. Provide additional trees and landscaping within the Holleran Drive & Emerson Street buffers to meet this Exhibit C CITY OF MERIDIAN PLADEPARTMENT STAFF REPORT FOR THE HENING DATE OF JULY 5, 2007 requirement. d. Provide a minimum 25 -foot wide landscape buffer along the north property boundary adjacent to parcel #R2114050305 (residentially zoned RUT in Ada County) as required by UDC 11-2B-3, in accordance with the standards listed in UDC 11-3B-9, Landscape Buffers to Adjoining Uses. Said buffer shall be provided comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover at a density that results in a barrier that allows trees to touch at the time of the tree maturity. e. The Applicant shall either landscape the 30 -foot wide Kennedy Lateral easement with grass and low lying bushes or shrubs (not trees) as allowed by the irrigation district or provide a 5 - foot wide buffer outside of the Kennedy Lateral easement planted with trees and vegetation in accordance with the standards listed in UDC 11 -3B -9C, Landscape Buffers to Adjoining Uses, to meet the requirement for a buffer to residential uses. 4C-4. g. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B-14; h. Comply with the standards in UDC 11 -3B -10C for preservation of existing trees on site as follows: ➢ Mitigation shall be required for all existing trees four -inch (4") caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent (100%) replacement. (Example: two (2) 10 -inch caliper trees removed may be mitigated with four (4) 5 -inch caliper trees, five (5) 4 - inch caliper trees, or seven (7) 3 -inch caliper trees.) ➢ No mitigation is required in the following: (i) existing prohibited trees within the street buffer or parking lot; (ii) existing dead, dying, or hazard trees certified prior to removal by the City of Meridian Parks Department arborist; (iii) trees that are required to be removed by another governmental agency having jurisdiction over the project. ➢ Required landscaping: Existing trees that are retained or relocated on site may count toward the required landscaping. Mitigation trees are in addition to all other landscaping required by this Article. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.1.7 A minimum 35 -foot wide street buffer is required along S. Meridian Road; a minimum 2 -515 -foot wide buffer is required along E. Victory Road located outside of the ultimate right-of-way where no buildings or uarldng lots exist; and a minimum 10 -foot wide buffer is required along Holleran Drive and Emerson Street. These buffers shall be depicted on the plat as a permanent easement/buffer or included as a common lot in the subdivision and shall be maintained by the Business Owner's Association. 1.1.8 No signage is approved with this application. All signs proposed for this site shall obtain separate sign permit approval. 1.1.9 A cross -access easement shall be recorded for all lots within the subdivision that do not have frontage on a public street, or front Meridian Road. All lots within the subdivision should have access to the access points approved in this application. This easement(s) shall be recorded and a Exhibit C CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE G DATE OF JULY 5, 2007 copy of said easement(s) 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(s) granting said cross -access. 1.1.10 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. 1.1.11 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. 1.1.12 The access driveway at the north end of this site to Meridian Road that is currently being used for loading for Victory Greens shall be removed and the use discontinued prior to signature on the final plat for phase -2 -of the development as depicted on the phasing n_l_a_n_/plat shown in Exhibit A.2. 1.1.13 Direct lot access to Meridian Road is prohibited; other than the access points specifically approved with this application, direct lot access to S. Meridian Road and E. Victory Road is prohibited and shall be noted on the final plat. The relocation of the existing access to/from State Highway 69/Meridian Road further to the north should be allowed if agreed upon by the owners of Double D. the Idaho Transportation Department- and City Council A Variance is required to be approved by City Council for the relocation of an existing access point to a state highway. 1.1.14 All areas approved as open space shall be free of wet ponds or other such nuisances except for the pond on Lot 6. Block 2 which shall be allowed to remain provided that the pond have re -circulating water and be maintained so that it does not become a mosquito breeding ground, in accordance with UDC 11 -3B -9C6. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11-3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3A-18. Where the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the Applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.2.2 The Applicant shall submit a detailed 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 fencing should be installed in accordance with City Code. 1.2.3 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 mitigated. 1.2.4 Staffs failure to cite specific ordinance provisions or terms of the approved Preliminary Plat does not relieve the Applicant of responsibility for compliance. 1.2.5 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A. Exhibit C CITY OF MERIDIAN PLDEPARTMENT STAFF REPORT FOR THE HANG DATE OF JULY 5, 2007 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service for the north portion of this development shall be via extension of the main in Meridian Road. The south portion of the project will sewer to the Black Cat trunk that will need to be installed in E Victory Road. The applicant will be responsible to install a portion of the Black Cat trunk along their south frontage on E Victory Road starting from a manhole that will be located on the West side of Meridian Road at the developer's expense. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size, manhole locations and routing with the Public Works Department. The applicant shall 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. Staff will work with the Applicant to draft a reimbursement agreement that will go before City Council for approval, as outlined in City Code 9-4-19. 2.2 Water service to this site is being proposed via the existing mains in E Victory Road, and S. Meridian Road. Due to fire flow requirements the applicant shall be responsible to install multiple water connections in E Victory Road, and S. Meridian Road. The applicant shall be responsible to install mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.4 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 water for the primary source. If a surface source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.5 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.6 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.7 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.8 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on the final plat. These include but are not limited to, fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. Exhibit C CITY OF MERIDIAN PLANNO DEPARTMENT STAFF REPORT FOR THE HEOG DATE OF JULY 5, 2007 2.9 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements, such as fencing, micropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy 2.10 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. 2.11 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.14 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. 2.15 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. 2.16 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two -hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 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 shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved tum around. Phasing of the project may require a temporary approved tum around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside Exhibit C CITY OF MERIDIAN PLANN9 DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 5, 2007 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 an all weather surface are required before combustible construction is brought on site. 3.7 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.9 Maintain a separation of 5' from the building to the dumpster enclosure. 3.10 Provide a Knox box entry system for the complex prior to occupancy. 3.11 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.12 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. 3.13 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 3.14 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.15 There shall be a fire hydrant within 100' of all fire department connections. 3.16 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.17 This project will be required to provide an emergency access driveway at the north end of Holleran Drive to S. Meridian Road with a 20' wide swing or rolling emergency access gate setback 30 -feet from S. Meridian Road. The gate shall be equipped with a Knoxbox Padlock which has to be ordered thru the Meridian Fire Department. The emergency access driveway may be incorporated into the required stub street at the northern Property boundary. Construction plans shall be approved by the Meridian Fire Department. 3.18 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.19 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. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. Exhibit C CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR THE G DATE OF JULY 5, 2007 6. SANITARY SERVICE COMPANY 6.1 The existing enclosure on this site needs to be modified. 7. ADA COUNTY HIGHWAY DISTRICT (DRAFT COPY) 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Construct the internal streets (Emerson Street / Holleran Dr.) as a 41 -foot street section with vertical curb, gutter and a 5 -foot attached concrete sidewalk within 54 -feet of right-of-way. Provide an easement for any portion of the sidewalk located outside of the right-of-way. 7.1.2 Construct two cul-de-sac turnarounds at the north and south terminus of Holleran Drive. 7.1.3 Construct the southern common drive with 24 -feet of pavement intersecting Emerson Street approximately 280 -feet north of East Victory Road. 7.1.4 Construct the northern common drive with 24 -feet of pavement intersecting Emerson Street approximately 310 -feet north of East Victory Road. 7.1.5 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 damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Exhibit C CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HAING DATE OF JULY 5, 2007 Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit C CITY OF MERIDIAN PLANA DEPARTMENT STAFF REPORT FOR THE H&G DATE OF JULY 5, 2007 C. Required Findings from Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-maldng body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council fords that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council fords 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 fords 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 B, Agency Comments and Conditions, 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. ACHD and ITD consider 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. Staff and the Commission are unaware of any natural, scenic, or historic features on this site. Therefore, the City 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 C December 18, 2007 fuMUTTiw, Wnl leu I TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner RE: Emerson Park - Findings of Fact and Conclusions of Law Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba The applicant requested that a modification be made to condition of approval #1.1.12 in the findings document for Emerson Park to reflect the actual motion made by Councilman Bird at the hearing on December 4, 2007 as follows: 1.1.12 "The access driveway at the north end of this site to Meridian Road that is currently being used for loading for Victory Greens shall be removed and the use discontinued prior to signature on the seeend final plat for phase 2 of the development, as depicted on the phasing pla plat shown in Exhibit A.2," Staff has revised the findings document to reflect the above noted change. • December 14, 2007 MERIDIAN CITY COUNCIL MEETING E December 18, 2007 APPLICANT ITEM NO. 5-1 REQUEST Resolution — Donate computer Equipment to the Big Brothers / Big Sisters of Southwest Idaho AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: vjj MERIDIAN SCHOOL DISTRICT: 0 ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: D NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Rd/ CITY OF MERIDIAN RESOLUTION NO. 07— 5? O BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY AND AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO DONATE COMPUTER EQUIPMENT TO THE BIG BROTHERSBIG SISTERS OF SOUTHWEST IDAHO WHEREAS, it is in the best interest of the City of Meridian to declare that certain computer equipment listed in "Exhibit A" hereto is surplus property, as these particular items are no longer needed or used by the City of Meridian. WHEREAS, the City of Meridian's purchasing policy allows surplus City property to be donated to charitable organizations when the value of the property in question is of nominal value, that is, valued at less than the cost of disposing of the property. WHEREAS, the cost of maintaining the computer equipment listed herein below until it were sold, if it could be sold, exceeds its value to the City of Meridian and would result in the unnecessary expenditure of City funds. WHEREAS, the City of Meridian desires to donate the computer equipment listed herein below to the Big Brothers/Big Sisters of Southwest Idaho, a non-profit charitable organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, the stated mission of which is to inspire and enable young people, especially those from disadvantaged circumstances, to realize their full potential as productive, responsible and caring citizens. RESOLUTION AUTHORIZING DONATION OF SURPLUS COMPUTER EQUIPMENT TO BIG BROTHERS / BIG SISTERS OF SOUTHWEST IDAHO Page 1 of 3 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: Section 1. That the Mayor and City Council hereby authorize and declare that the computer equipment listed in "Exhibit All hereto is surplus property. Section 2. That the Mayor and City Council hereby authorize the conveyance of the computer equipment listed hereinabove, for no monetary consideration, to the Big Brothers/Big Sisters of Southwest Idaho. ADOPTED by the City Council of the City of Meridian, Idaho, this /,6C7 da Y ofC2%a-tiv, , 2007. APPROVED by the Mayor of the City of Meridian, Idaho, this l day of Gey.&, 2007. ATTEST: By: William G. Berg, Jr., APPROVED: y de Weerd .&I L ': ��®fit ��� • �� RESOLUTION AUTHORIZING DONATION OF SURPLUS COMPUTER EQUIPMENT TO BIG BROTHERS / BIG SISTERS OF SOUTHWEST IDAHO Page 2 of 3 0 EXMIT A ON RESOLUTION AUTHORIZING DONATION OF SURPLUS COMPUTER EQUIPMENT TO BIG BROTHERS / BIG SISTERS OF SOUTHWEST IDAHO Page 3 of 3 Surplus Computer Equipment Asset # Type Location Model CPU CPU Clock Serial # 3362 COMPUTER BASEMENT MPC CLIENTPRO 325 P4 2000 3327218-0001 3492 COMPUTER BASEMENT MPC CLIENTPRO 325 P4 2000 3327220-0001 3497 COMPUTER BASEMENT MPC CLIENTPRO 325 P4 2000 3327209-0001 3862 COMPUTER BASEMENT MPC CLIENTPRO 325 P4 2000 3327214-0001 4202 COMPUTER BASEMENT MPC CLIENTPRO 325 P4 2000 3327212-0001 RESOLUTION AUTHORIZING DONATION OF SURPLUS COMPUTER EQUIPMENT TO BIG BROTHERS / BIG SISTERS OF SOUTHWEST IDAHO Page 3 of 3 0 0 December 14,2W7 CPA 07-010 MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT Sherrie Ewing ITEM NO. 5-K REQUEST Resolution — Request to amend the Comp Pian Future Land Use Map for the N. Meridian area to include 645 acres No Phyllis Canal & south of Boise River from Linder Rd. to 1/4 mile w/o Black Cat for North Phyllis Canal Project 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 Resolution Date: 1 O" t/ Phone: Staff Initials: tie, Materials presented at public meetings shall become properly of the City of Meddian. CITY OF MERIDIAN RESOLUTION NO. �9 7 — 5? BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR THE NORTH MERIDIAN AREA TO INCLUDE 645 ACRES NORTH OF THE PHYLLIS CANAL AND SOUTH OF THE BOISE RIVER FROM LINDER ROAD TO APPROXIMATELY % MILE WEST OF BLACK CAT ROAD FOR THE NORTH PHYLLIS CANAL PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to I.C. § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the comprehensive plan future land use map for the north Meridian area to include 645 acres north of the Phyllis Canal and south of the Boise River from Linder Road to approximately'/ mile west of Black Cat Road for the North Phyllis Canal Project; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the Office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE – NORTH PHYLLIS CANAL PROJECT – CPA 07-010 Page 1 of 2 0 0 AD PTED by the City Council of the City of Meridian, Idaho, this / ��`s- day of C-eth' -Pim. , 2007. APPROVED by the Mayor of the City of Meridian, Idaho, this day of>,"-�Cletry Pim , 2007. APPROVED: May .� GF MIZE ATTEST: By: BSL William G. Berg, Jr., Ci Clerk, -v "r //,'�� 01111 t191i 400`® Weerd COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE — NORTH PHYLLIS CANAL PROJECT — CPA 07-010 Page 2 of 2 0 December 14, 2007 MERIDIAN CITY COUNCIL MEETING December 18,2W7 APPLICANT ITEM NO. 5-L REQUEST License Agreement with Nampa Meridian Irrigation District for 10 -inch water Main Crossing as Part of the Lanark / Commercial Water Line Connections Project. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See altached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this /6 --day ofJ, 2001, by and among NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation distric(o.rganizecfand existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to as the "Licensee", WITNESSETH: WHEREAS, Licensee is the owner of real property/right-of-way for a water line (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation ditch or canal known as EVANS DRAIN AND GRUBER LATERAL (hereinafter collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easement therefor to convey irrigation and drainage water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof, and, WHEREAS, the Licensee desires a license to engage in construction or activity, or approve existing construction or activity, affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect ditches and its right of way along its ditches; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as -follows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted or allowed to modify the ditch or canal or encroach upon the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and `expense of the Licensee. s 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; C. an increase in seepage or any other increase in the Ioss of water from the ditch or canal; d. the subsidence of soil within or adjacent to the easement; C. any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indemnify, hold harmless, and�defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made LICENSE AGREEMENT - Page 2 against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence of the District. 5 8. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 11. Licensee shall place no structures, pathways or landscaping of any kind above or within the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. Nor shall Licensee permit, authorize or grant any other person or entity to excavate, discharge, construct or place any structures, pathways or landscaping within the District easement without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of.suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. LICENSE AGREEMENT - Page 3 14. Nothing herein contained shall be construed to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation and drainage water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with the recording of this Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. This agreement is not intended for the benefit of any third party and is not enforceable by any third party. 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the .advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMPy MERIDIAN IRRIGAJION DISTRICT By - elf, Its President ATTEST: »W111 �- Its Secretary LICENSE AGREEMENT - Page 4 CITY OF MERIDIAN ATTEST: s�`', ' ✓� �` r; �. J �.�-�� l� ���-J� �s STATE OF IDAHO ) ��,• � i'6- ss: �11fit wv Pfi9 �94's®figb����� County of Canyon ) On this A- A day of, 2009, before me, the undersigned, a Notary Public in and for said State, personally appear and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA &M RIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. '`aa`a at a t F!•,100 NN.Af •• STATE OF IDAHO ) � � � � �° U B LIC'ss. e •, q •®....• X.. �.. County of Ada ) TF OF i�Po•°` °j�eoeaaeeaaaa6aa Notary Public for Idaho Residing at 'Idaho My Commission Expires: % D &12 On this 1 i5 ' day of 0�('C t'�'Z}�� , 2007, before me, the undersigned, a notary public in and for said state, personally appeared `Tommy do Wmd and Wi I 1 i Unn & Eg2 STrknown to me to be the and t; , respectively, of the CITY 01711ERIDIAN, the political subdivision and municipality tha executed the foregoing instrument, and acknowledged to me that such entity 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. *causes g r C3 6 I � C I 15�0, T5 LICENSE AGREEMEI�e I (I I (I 0�'�t 0 Q-Xj otary Public for JP; IdO-Kb Residing at Oa Iril uE 1 1 , 10 My Commission Expires: I O- I 1-1 1 EXHIBIT A Legal Description A right of way for a 10 inch water line in or near Lanark Street located between Franklin Road and the Union Pacific Rail Road in SW1/4 Section 8, T.3N, R.1E, B.M., Ada County Idaho. EXHIBIT C PgMose of License The purpose of this License Agreement is to permit and approve Licensee to: 1. construct, install, maintain and repair a 10 inch water line across and under the Evans Drain and within the District's easement; 2. construct, install, maintain and repair a 10 inch water line across and under the Gruber Lateral and within the District's easement, all within Licensee's right-of-way, located within or adjacent to Lanark Street, located between the Union Pacific Rail Road and Franklin Road in Meridian, Ada County, Idaho. No other construction or activity is permitted within or affecting the Evans Drain, Gruber Lateral or the District's easements. EXHIBIT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance with certain plans attached hereto as Exhibit D-1 and by this reference incorporated herein. -The water line shall be located a minimum of three feet below the bottom of the District's ditches. b. The Licensee recognizes and acknowledges that the license granted in this agreement by the District pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold. harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. C. Licensee represents that Licensee has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by Licensee which is the subject of this agreement. LICENSE AGREEMENT - Page 6 d. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or performance of this agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim, action or requirement. e. In the event the District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with Licensee's discharge and other activity which is the subject of this agreement, Licensee shall indemnify; hold harmless and defend the District form all costs and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. f. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does notassume, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. g. . Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs. or landscaping within the District's easement, nor perform any construction or activity within the District'.s easements for the Evans Drain and Gruber Lateral except as referred to in this agreement or exhibits thereto without the prior written consent of the District. h. Licensee acknowledges and confirms that the District's easement for the Evans Drain includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Evans Drain, and to access the Evans Drain for said purposes and is a minimum of 60 feet, 30 feet to either side of the centerline. Licensee acknowledges and confirms that the District's easement for the Gruber Lateral includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Gruber Lateral, and to access the Gruber Lateral for said purposes and is a minimum of 30 feet, 15 feet to either side of the centerline. i. Construction shall be completed one year from the date of this Agreement. Time is of the essence. LICENSE AGREEMENT - Page 7 Y - FfRIV aeg *fog gg5 B.i9 3�"1 1SIFt Fur s=s Wf g� cga 7fg�g gg 3 §'.g 5 1 If 3° RSR 8 aq $^l Ia €s Ee eg cpS ' ;ill e� $ ag@ ps qp8 a e_ a z e "gagc egg o Sg p c� m ' Sr` ns s'° > X1!$3 292 IM a g 6p ..f C Vs 8� € s $gR o $ F$ S'R 6i s� r t§ 8�8 g ggs B s° $ G 6 iii �� �E�!��J ��E�1L���1��--J■ ■ -i L ' i I I �iir� � ;���� ■. � 'rte �I a�000@ #per a m�sl 1 8 0 r m U I o m m i RA L uwamc av6Nue No[cret - sourx waTex )enraovFnnenits CIVIL SURVEY CONSULTANTS, INC. .` .• oMERIDIAN, ADA COUNTY, IDAHO CONSRLTING BNGm�Exs AM IND SDRVEYOxs E° .� A, CONSTRUCTION PLANS "°°°;;g toff •p�pyep 9fY P4��4 Exhibit D-1., page 1 glib IIJ 11 fir off ITO ,h C 15 10 in 4' WN. 'COM 0VR ME 579 0 M Eli qg CITY OF MERIDIAN clvm sup CONSULTANTS,m. ti IN WATER SYSTEM IMPROVEMENTS CONSULTING ENGINEERS AM LAND Summits OT I400 EAV WAMTOWR MIXT sun IN STANDARD DETAILS DWL MM .36Q Exhibit D-1, page 2 .urLuiu�. L_ LJ— i , NcayL j N N IO IA �N 9m F�o � pig is ns _o iq 9 s 1 �• �� �4tE b �� � F � ®4 s� �� e 6 - .. :. ::. - Exc-rwo m• oPawasE auo-- ---'----�- E0.'fftlpn Evans onaw A —as tee_ omm -------------es-' ----- _ _ ---------- - _____•�a..._____________ __ �________s __________- 4�- • EE,, Jp w I � ®r yyy� •+ yp je.Y N N m m 0 m u o § CQ'I1r OF ME88Q®QAQd LANARK AVENUE CIVIL SURVEY CONSULTANTS, INC. CONSMTA'G €NGRMW AND IAM SIIRMgRS tem casr TOWR Sum p4,{� SITE E #1 um(2�o8�88�-tgi2j� 9�d. PEP�o w'nRwco .urLuiu�. L_ LJ— i , NcayL j _N 1 ROAD � j e e:. fig $� m' cl S ti MEW i Mm=e LE9 LE o 8gg� N s uxuex sir � Imo+ � �—� �pp(gg yg yqg Hill, g ,-�•: .: y-:: $g t . F1gggF €Qg Si fit -F � $g �AAzris 1 N O A N Ngg O A m g�g S pp pp mg®e CITY OF tl9 ERRDLL P99tl �SroiJS °®per CIVIL SURVEY CONSULTANTS, INC. �` eo•`°"" �� LANARK AVENUE CONSULTING ENGMMS ND ALAND SURVEYORS 1400 6AST MAT60,OWEIt BTREET � O SITE #k2 °lOI.Q9, 1EWpA8 IOAkkO 836x2 (208)888-43,4 �PPAMO n 4 qfY G �- P4� Exhibit D-1, gage 4 0 0 0-0 0 3 2007 City Of Meridian City Clerk Office Memo TO: Will Berg; Tara Green From Kyle Radek I'M CC: File Date: 12103/07 Re: Proposed Agenda Item for December 11 Council Meeting The Public Works Department respectfully requests the following item be placed on the December 11 Council agenda, under Consent Agenda, for Council's consideration: License Agreement with Namp & Meridian Irrigation District for 10 -inch water main crossing as part of the Lanark / Commercial Water Line Connections Proiect Recommended Council Action: The Public Works Department recommends that City Council approves the license agreement with Nampa & Meridian Irrigation District for a 104nch water main crossing as part of the Lanark / Commercial Water Line Connections Project and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. r 0((,S i �6 0A � n- 0 • Page 1 0 0 LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this day of , 2007, by and among NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to as the "Licensee", W11NMETH: WHEREAS, Licensee is the owner of real property/right-of-way for a water line (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation ditch or canal known as EVANS DRAIN AND GRUBER LATERAL (hereinafter collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easement therefor to convey irrigation and drainage water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof, and, WHEREAS, the Licensee desires a license to engage in construction or activity, or approve existing construction or activity, affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect ditches and its right of way along its ditches; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted or allowed to modify the ditch or canal or encroach upon the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. .r, U.... . 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; C. an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil) within or adjacent to the easement; e. any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made LICENSE AGREEMENT - Page 2 rt IN... . . • 0 against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence of the District. 8. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the j urisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 11. Licensee shall place no structures, pathways or landscaping of any kind above or within the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. Nor shall Licensee permit, authorize or grant any other person or entity to excavate, discharge, construct or place any structures, pathways or landscaping within the District easement without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. LICENSE AGREEMENT - Page 3 0 0 14. Nothing herein contained shall be construed to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation and drainage water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with the recording of this Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. This agreement is not intended for the benefit of any third party and is not enforceable by any third party. 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMPA & MERIDIAN IRRIGATION DISTRICT By ATTEST: Its Secretary LICENSE AGREEMENT - Page 4 Its President 0 ! CITY OF MERIDIAN 0\`j01114111BIilI/`/// ATTEST: CIR4 BEAL STATE OF IDAHO ss: Bf���P0111111111�r��®\\ County of Canyon ) On this day of '2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Henry Weick and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at , Idaho My Commission Expires: STATE OF IDAHO ) )ss. County of Ada ) On this 18 "day ofCtnr` bt?y ._ 2007, before me, the undersigned, a notary public in and for said state, personallyap ared ��frlmL4 � HJQ,�G�nd ` j 1�(Yln �, 6wn to me to be the and , respectively, of the CITY OF M IDIAN, the political subdi ision and municipality that executed the foregoing instrument, and acknowledged to me that such entity 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. .0008••••-• Gam' •. ,0 A �, • • . , O • LICENSE AGREEMEW.4-g t�•••• . IA� L" t L'-) Notary Public for 0 Residing at P a (�(� 0 1 F) My Commission Expires:—) AD- I I.1 0 • EXHIBIT A Legal Description A right of way for a 10 inch water line in or near Lanark Street located between Franklin Road and the Union Pacific Rail Road in SWI/4 Section 8, T.3N, RJE, B.M., Ada County Idaho. EXHIBIT C PuMgse of License The purpose of this License Agreement is to permit and approve Licensee to: 1. construct, install, maintain and repair a 10 inch water line across and under the Evans Drain and within the District's easement; 2. construct, install, maintain and repair a 10 inch water line across and under the Gruber Lateral and within the District's easement, all within Licensee's right-of-way, located within or adjacent to Lanark Street, located between the Union Pacific Rail Road and Franklin Road in Meridian, Ada County, Idaho. No other construction or activity is permitted within or affecting the Evans Drain, Gruber Lateral or the District's easements. EXHIBIT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance with certain plans attached hereto as Exhibit D-1 and by this reference incorporated herein. The water line shall he located a minimum of three feet below the bottom of the District's ditches. b. The Licensee recognizes and acknowledges that the license granted in this agreement by the District pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. C. Licensee represents that Licensee has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by Licensee which is the subject of this agreement. LICENSE AGREEMENT - Page 6 d. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or performance of this agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim, action or requirement. e. In the event the District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with Licensee's discharge and other activity which is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District form all costs and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. f. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. g. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's easements for the Evans Drain and Gruber Lateral except as referred to in this agreement or exhibits thereto without the prior written consent of the District. h. Licensee acknowledges and confirms that the District's easement for the Evans Drain includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Evans Drain, and to access the Evans Drain for said purposes and is a minimum of 60 feet, 30 feet to either side of the centerline. Licensee acknowledges and confirms that the District's easement for the Gruber Lateral includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Gruber Lateral, and to access the Gruber Lateral for said purposes and is a minimum of 30 feet, 15 feet to either side of the centerline. Construction shall be completed one year from the date of this Agreement. Time is of the essence. LICENSE AGREEMENT - Page 7 0 0 Exhibit B ®• a O E3@' r N m U m S 555 O a 3 I I $ 5I m 1F F I g _ o LANARK AVMXM mamM • 80YTX VE CIVIL SURVEY CONSULTANTS, INC. q MERIDIAN, ADA COUNTY, IDAHO CONsm=G ENGIlmm arm An soaverow �. CONSTRUCTION PLANS e� Exhibit D-1, page 1 a m XXX Z� y I c�a -� m_Z ;u C o '" � �f 030.0m �Ozrn F) oma z � ym= I v z as ;a c zz S CO) a NMI Ill �i .r T.... . CITY OF MERIDIAN " °� $ Igo111 1 WATER SYSTEM IMPROVEMENTS CPiM SURVEY CONSULTANTS, INC. cmsmmo areaaNEm mD Lm soeveroas `S STANDARD DETAILS +Q°" Exhibit D-1, page 2 .r T.... . A mPA 19 Pal 3,12 ' N t;1 CITY OF MERIDIAN LANARK AVENUE SITE #1 0 a/dam+_ 1p�. i I if a d r .0hu R all il 15 ffi i i a � I I 1 CIVIL SURVEY CONSULTANTS, INC, CONsUMM EKGDnMW AND tut® SURVMFS .W.o % m �p�awn �w omun O ,, 1, page mummu©mumum MENEEMOMMEM ME -- ---- - - '�- :- MEMMO ME ■E -- - - - MMM"mMMM _ It-ANMMMMMm"7 ME MMMEN"Em ME MENEM 0 AMMEME �: M M anommmom mmmummmmoom r; mmmkilm No w MMrl5mM No 0 lMM1lvMMMMMMMM MM%MMMMmmMM mw,lnmmmmmm mnsommomIt "WOMMEMEMEM a 0 /j i fFWEEMEMEMME on-MENOMONEE MEMEEMEr ■ - All MEMNON0 f MENEM ■ ■MEMNON�'; ommoom MEN CITY OF MERIDIAN m CIM SURVEY CONSULTANTS, IN �i0 a: CEmATLVM COMUMMUMNSANDUMSUHMMI r_�w♦r�i• Exhibit D-1, page 4 • December 14, 2007 MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT ITEM NO. 5-M REQUEST Budget Amendment for Floodplain Development Study and Mitigation for Public Works Department for $60,000 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. eft iL qR iL 0 '0 FY2008 Amendments Stormwater Program "approved" $ Fund 60 $ Fund 62 Black Cat Water Main Beginning Fund Balance @ 9/31/06 $ Enterprise 41:17,080,00 $ Latecomers 6,164,439T00 Total $77,298,519.00 Fiscal Year 2007 Revenue - actuals $ 16,931,743.07 $ 1,626,099.04 $ 18,557,842.11 Fiscal Year 2007 Expenses -actuals $ 28,362,297.98 $ 385,646.97 $ 28,747,944.95 Net Fund Balance @ 9/31/07 $ 29,703,525.09 $ 7,404,891.07 $ 37,108,416.16 Projected Remaining Expenses -carryforward $ 23,591,424,79 $ - $ 23,591,424.79 Net Fund Balance $ 6,112,100.30 $ 7,404,-891.07$ 13,516,991.37 Fiscal Year 2008 Projected Revenue $ 18,276,725.00 $ 600,000.00 $ 18,876,725.00 Fiscal Year 2008 Projected Expenses $ 22,309,097,84 $ 600,000.00 $ 22,909,097.84 Net Projected Fund Balance $ 2,079,727.46 $ 7,404,891.07 " $ 9—,484,618,53 FY2008 Amendments Stormwater Program "approved" $ 75,000.00 $ 75,000.00 Black Cat Water Main $ 800,000.00 $ 800,000.00 Floodplain Development $ 60,000.00 $ 60,000.00 Latecomers $ _ 3,700,000-00 $ 3,700,000.00 $ 935,000.00 $ 3,700,000.00 $ 4,635,000.00 Net Fund Balance after Amendments $ 1,144,727.46 $ 3,704.891.07 $ 4,849,618.53 I F:\Monthly Reports\Fund Balance Reports.xis 0 December 14, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT 0 December 18, 2007 ITEM NO. 5-N REQUEST Approve Task Order / Agreement with Civil Survey Consultants, Inc. for the Design of Sewer and Water Improvements to be constructed in conjuntion with ACHD Project No. 506040 for Meridian Rd. & Main St. Split Corridor AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: m7fl, 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 pubec meetings shall become property of the city of Meridian. C City of Meridian Public Works Dept. Memo To: Will Berg; Tara Green From: Brent A. Blake, Engineering Technician blakeb@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: 12/06/2007 0 Re: Proposed Agenda Item for December 11, 2007 City Council Meeting City Of Meridian City Clerk Office The Public Works Department respectfully requests the following item be placed on the December 11, 2007 City Council agenda, under Consent Agenda, for Council's consideration: Meridian Road and Main Street Split Corridor — Phase 1 Utility Improvements (Desictn) Attached is a Task Order/Agreement vAth Civil Survey Consultants, Inc. for the design of utility improvements in conjunction with ACHD project No. 506040. The not to exceed amount of this task order is $30,470.00. Recommended Council Action: The Public Works Department recommends that City Council approves the Task Order/Agreement with Civil Survey consultants, Inc. for the design of sewer and water improvements to be constructed In conjunction with ACHD project No. 506040 and authorizes the Mayor to sign It. Thank you for your consideration. Please contact me if you have any questions. 0 Page 1 • 0 TASK ORDER NO. 0669 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 MERIDIAN ROAD AND MAIN STREET SPLIT CORRIDOR — PHASE 1 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 0669 — 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 ACHD Project No. 506040 The engineer proposes to provide the following under this scope of services: A. Water System Improvements: 1. Adjust approximately 10 existing valves. 2. Adjust or relocate approximately 4 existing water meters. 3. Adjust water mains and water services where conflicts exist with new storm drain or irrigation pipes. 4. Abandon existing main and install new main in Waltman Lane and Meridian Road and Main Street Intersection as required by roadway improvements. 5. Install approximately 150 LF of new main in Corporate Drive. 6. Provide service as requested to parcels not currently on city water. B. Sewer System Improvements: 1. Install approximately 1200 LF of new 8"0 main in Main Street. 2. Provide service as requested to parcels not currently on city sewer. We 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 you for approval of the content and wording prior to being issued. The City will provide us with a mailing list for all property owners within the project limits. We will contact property owners with an existing structure and obtain the information necessary to design the sewer main to service their existing structure. Again, we will outline any permanent and temporary easement requirements to construct the proposed improvements and will include a sample easement form. We 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. We will use easements granted to ACHD to the extent possible for the utility work. If a property owner requests payment for an easement we will forward that request to the City for approval. Should a property owner refuse to grant any easement we 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 our office with electronic files of the final design submittal to ACHD. We request the City obtain permission from ACHD to use the electronic files for utility design purposes. We also suggest that the City ask ACHD to include utility service extensions in any easements obtained by ACHD for the project. We will submit the plans to ACHD and QLPE for review and approval prior to construction. We 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. We 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 placed on the plans restricting the contractors operation to public right-of-way only. It will be the City's responsibility to negotiate and execute the Joint Effort Agreement for construction with ACHD. We propose to provide 40 -scale plans on 22°x34" sheets to match ACHD's plans. We anticipate that the plan set will include a cover sheet, general note sheet, 7 plan and profile sheets, and two city standard detail sheets. The total set is anticipated to include 11 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 ACHD Project No. 506040. COMPENSATION The Not -To -Exceed amount for this Task Order No. 0669 is Thirty Thousand Four Hundred Seventy dollars ($30,470.00). 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: TAMMY de W ERD, MAYOR U ENGINEER BY: IMOT Y A. BURG S, VICE PRESIDENT Of Attest: WILLIAM G. BERG, A., CITY ELE Approved by City Council: �9 r'( 8C (Date) 0 r December 14, 2007 MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT ITEM NO. 5-0 REQUEST License Agreement with Nampa Meridian Irrigation District for the North Black Cat Trunk Sewer 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 4XI T -/-f V -L-**' r l' Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of the CRY of Meridian. �4 LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this 0 v` day of , 200,' by and amongNAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to as the "Licensee", WITNESSETH: WHEREAS, Licensee is the owner of real property/right-of-way to construct, install and maintain two pressure sewer mains (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference mads a part hereof; and, WHEREAS, the District owns the irrigation ditch or canal known as FIVE MILE DRAIN CREASON LATERAL AND EIGHT MILE LATERAL (hereinafter collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with either fee title ownership and/or an easement therefor to convey irrigation and drainage water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, the ditch and canal and the District's associated fee title and/or easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity, or approve existing construction or activity, affecting said ditch or canal or the District's fee title Iand and/or easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect ditches and its right of way along its ditches; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's fee title land and/or easement along said ditch or canal in the manner generally described in the "Purpose of License" attached. hereto as Exhibit C and by this reference made a part hereof. Any modification.of said ditch or canal by the Licensee or encroachment upon the District's fee title land and/or easement along said ditch or canal shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted or allowed to modify the ditch or canal or encroach upon the District's fee title land and/or easement as described in Exhibit C even if any plans or drawings referenced or attached -to Exhibit D provide or show otherwise. 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's fee title land and/or easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter tie ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's fee title land and/or easement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's fee title land and/or easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery.of irrigation water by the District; C. an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within or adjacent to the fee title land and/or easement; e. any other damage to the District's fee title land and/or easement and irrigation works. 5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the fee title land and/or easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such. maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third parry against the District for failure to exercise the options stated LICENSE AGREEMENT - Page 2 in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence of the District. 8. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is' the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said fee title land and/or easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said fee title land and/or easement area when the use of the fee title land and/or easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 11. Licensee shall place no structures, pathways or landscaping of any kind above or within the District's fee title land and/or easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. ' Nor shall Licensee permit, authorize or grant any other person or entity to excavate, discharge, construct or place any structures, pathways or landscaping within the District fee title land and/or easement without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing parry in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such LICENSE AGREEMENT - Page 3 principles. 14. Nothing herein contained shall be construed to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation and drainage water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District 6r by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with the recording of this Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. This agreement is not intended for the benefit of any third party and is not enforceable by any third parry. 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The -covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them., and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. TTEST: Its Secretary LICENSE AGREEMENT - Page 4 NAMP & MERIDIAN IRRI TION DISTRICT sy Its President 0A CITY OF MERIDIAN On this ON 'day of 200P before me, the undersigned, a Notary Public in and for said State, personally appeareand Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMP?Mvi M RIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. , 4o�tesarucme /� �� / J Zi Notary Public for Idaho Q'�pTAi�lr, Residing at Idaho „ter° My Commission Expires: // G'p/c STATE OF IDAHO )ss�i8er °eieee°e o County of Ada OF �t8�asfil/lam On this day of .20011 before me, the undersigned, a notary public in and for said state, personally ap eared l and V j 11 ,nom,( 'F� c�now.n to me to be the 1�)(fy' and lir �t rj(-ir , respectively, of the CITY OFUERIDIAN, the political subdivision and municipality thaeexecuted the foregoing instrument, and acknowledged to me that such entity 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. d ° G a t Public for 4 e 4 ' Residing at 4 Irl Ekrlj-, 1t--) e ® My Commission Expires:_ a LICENSE AGREEM _� _. ATTEST: f t� n a o STATE OF IDAHO 0� } ss: ff/1177dddi:`•il1\\\' County of Canyon ) On this ON 'day of 200P before me, the undersigned, a Notary Public in and for said State, personally appeareand Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMP?Mvi M RIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. , 4o�tesarucme /� �� / J Zi Notary Public for Idaho Q'�pTAi�lr, Residing at Idaho „ter° My Commission Expires: // G'p/c STATE OF IDAHO )ss�i8er °eieee°e o County of Ada OF �t8�asfil/lam On this day of .20011 before me, the undersigned, a notary public in and for said state, personally ap eared l and V j 11 ,nom,( 'F� c�now.n to me to be the 1�)(fy' and lir �t rj(-ir , respectively, of the CITY OFUERIDIAN, the political subdivision and municipality thaeexecuted the foregoing instrument, and acknowledged to me that such entity 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. d ° G a t Public for 4 e 4 ' Residing at 4 Irl Ekrlj-, 1t--) e ® My Commission Expires:_ a LICENSE AGREEM _� _. EXHIBIT A Legal Description A right of way for a gravity sewer line, Line A, which is within the right of way for Black Cat Road from Chinden Blvd. and south to Licensee's North Black Cat Lift Station. A right of way for a gravity sewer line, Line B, which is within or near the right of way for Black Cat Road from Licensee's Ashford Greens Lift State and then to Licensee's North Black Cat Lift Station. EXHIBIT C Purpose of License The purpose of this License Agreement is to permit and approve Licensee to: 1. construct, install, maintain and repair a gravity sewer line across the Five Mile Drain and within the District's fee title land and/or easement; 2. construct, install, maintain and repair a gravity sewer line across the Creason Lateral and within the District's easement; and 3. construct, install, maintain and repair a gravity sewer line across the Eight Mile Lateral and. within the District's easement, all within Licensee's right-of-way, located within or near the right of way for Black Cat Road in Meridian, Ada County, Idaho. No other construction or activity is permitted within or affecting the Five Mile Drain, Creason Lateral, Eight Mile Lateral or the District's easement and/or fee title property. EXHIBIT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance with certain pians consisting of seventeen sheets: sheets 1-16 entitled "City of Meridian, North Black Cat Trunk Sewer," dated September 7, 2007. These plans have been delivered to the District's water superintendent, are in his possession in his offices, and are hereby incorporated by this reference. b: The District owns fee title to the Five Mile Drain and the land necessary to operate, access and maintain the Five Mile Drain in some of the locations where Licensee intends to construct and install the sewer line. In addition, the District may only own an easement in some of the locations where Licensee intends to construct and install the sewer line. Regardless of whether the District owns fee title or an easement, the District, by way of this License Agreement and according to the terms contained herein, grants Licensee the right to construct, install, operate and maintain the sewer line within both its fee title lands and easements. C. The Licensee recognizes and acknowledges that the license granted in this agreement by the District may pertain in some locations only to the rights of the District as owner of an easement. Accordingly, at said locations the District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights LICENSE AGREEMENT - Page 6 from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. d. Licensee represents that Licensee has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by Licensee which is the subject of this agreement. e. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or performance of this agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim, action or requirement. f. In the event the District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with Licensee's discharge and other activity which is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District form all costs and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. g. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. h. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's fee title land and/or easement, nor perform any construction or activity within the District's fee title land and/or easements for the Five Mile Drain, Creason Lateral and Eight Mile Lateral except as referred to in this agreement or exhibits thereto without the prior written consent of the DIstrict. L With respect to those portions in which the District own and easement for the Five Mile Drain, Licensee acknowledges and confirms that the District's easement includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Five Mile Drain, and to access the Five Mile Drain for said purposes and is a minimum of 100 feet, SO feet to either side of the centerline. With respect to the Eight Mile Lateral and Creason Lateral, Licensee acknowledges and confirms that the District's casement includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, iriaintain and repair the Eight Mile Lateral and Creason Lateral, and to access the Eight Mile LICENSE AGREEMENT - Page 7 Lateral and Creason Lateral for said purposes and is a minimum of 50 feet, 25 feet to either side of the centerline for the Eight Mile Lateral and 60 feet, 40 feet to the left and 20 feet to the right of the centerline facing downstream, for the Creason Lateral.. j. All construction affecting the Creason Lateral and Eight Mile Lateral shall be completed prior to March 15, 2008. All other construction shall be completed one year from the date of this Agreement. Time is of the essence. LICENSE AGREEMENT - Page 8 •�r...:�-- ,t ' 't' .fir -r- .-:,4- .: s?,. � qtr - Exhibit B, page 2 0 Memo To: Will Berg; Tara Green From: Clint Dolsby, Assistant City Engineer CC: Len Grady, City Engineer -RECEIV DEC 0 6 X00 v pity �1 4gin ce Date: 12/06/2007 Re: Proposed Agenda Item for December 11, 2007 City Council Meeting The Public Works Department respectfully requests the following items be placed on the December 11 City Council agenda, under Consent Agenda, for Council's consideration: License Agreement for the North Black Cat Trunk Sewer. A request for license agreement with the Nampa and Meridian Irrigation District for the three locations where the sewer will be crossing a Nampa and Meridian Irrigation District facility has been received by the Public Works Department. Recommended Council Action: The Public Works Department recommends that City Council approves the License Agreement for the three locations where the sewer will be crossing a Nampa and Meridian Irrigation District facility 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. Rwuc!� v\ky-1 5 IS � 0 Page 1 RINGERT CLARK CHARTERED LAWYERS December 4, 2007 Josh Elliott J -U -B Engineers, Inc. 250 S. Beechwood Avenue, Ste. 201 Boise, Idaho 83709-0944 LOW, c:. Je.•Ifrey li. diritilel1�X) Ua�§d P. c:lailx)rlle I ). rllair c;lark hxl Gram Ild 11a�'id tlatluicultiN ( Marie :s 1.. 11, n tsinµv r 3"1llel 11. fmullimul .14.1 Witter lield Afilluxle}' .la livs ( 1. will I )iwu•1 V. SleCilvnl W Ilia 11 P. Kingen. , It COUISA-1, .\11cn 1.. sweep y ul I:rnuu+d tiilnfuel Kai d 1.11110+ 1 - If/tw I1 Re: Request for License Agreement with Nampa & Meridian Irrigation District for North Black Cat Trunk Sewer Dear Josh: Enclosed for review and signature are duplicate originals of the above -referenced License Agreement you requested on behalf of the City of Meridian. Both originals of the License Agreement must be signed and notarized as indicated. Do not date page one of the License Agreement. If both originals are executed and returned to me by December 12, 2007, I will be able to submit the license agreement to the District's Board of Directors for approval and signature at the Board's next meeting on December 18, 2007. The District will have its original recorded and I will return one original to you along with a bill for our services in preparing the agreement and the recording fees. Please contact me if you have any questions or comments regarding this matter. Yours very truly, S. Bryce Farris SBF:kw Enclosures 455 South Third .Street • P.O. Box 2773 ♦ BoiSe. 1(iifho 83701 ♦ 3(W-342-4591 FAX 343-4(157 0 LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this day of , 200 , by and among NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to as the "Licensee", WITNESSETH: WHEREAS, Licensee is the owner of real property/right-of-way to construct, install and maintain two pressure sewer mains (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation ditch or canal known as FIVE MILE DRAIN, CREASON LATERAL AND EIGHT MILE LATERAL (hereinafter collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with either fee title ownership and/or an easement therefor to convey irrigation and drainage water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, the ditch and canal and the District's associated fee title and/or easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity, or approve existing construction or activity, affecting said ditch or canal or the District's fee title land and/or easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect ditches and its right of way along its ditches; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's fee title land and/or easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's fee title land and/or easement along said ditch or canal shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted or allowed to modify the ditch or canal or encroach upon the District's fee title land and/or easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. 0 0 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's fee title land and/or easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's fee title land and/or easement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's fee title land and/or easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; C. an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within or adjacent to the fee title land and/or easement; e. any other damage to the District's fee title land and/or easement and irrigation works. 5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the fee title land and/or easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated LICENSE AGREEMENT - Page 2 • 0 in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence of the District. 8. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the j urisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said fee title land and/or easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said fee title land and/or easement area when the use of the fee title land and/or easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 11. Licensee shall place no structures, pathways or landscaping of any kind above or within the District's fee title land and/or easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. Nor shall Licensee permit, authorize or grant any other person or entity to excavate, discharge, construct or place any structures, pathways or landscaping within the District fee title land and/or easement without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such LICENSE AGREEMENT - Page 3 0 principles. 14. Nothing herein contained shall be construed to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation and drainage water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with the recording of this Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. This agreement is not intended for the benefit of any third party and is not enforceable by any third party. 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMPA & MERIDIAN IRRIGATION DISTRICT By ATTEST: Its Secretary LICENSE AGREEMENT - Page 4 Its President 0 0 CITY OF MERIDIAN \`\\�0 111111111i/, P OF a � ATTEST: (iG12 STATE OF IDAHO j ss: County of Canyon On this day of, 200_, before me, the undersigned, a Notary Public in and for said State, personally appeared Henry Weick and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at , Idaho My Commission Expires: STATE OF IDAHO ) )ss. County of Ada } On this N -"-day of D=M6 er , 200—j before me, the undersigned, a notary public in and for said state, personally ap eared Glrnnn �a+�nd , down to me to be the and ,respectively, of the CITY OF ERIDIAN, the political subdivi ' n and municipality that kecuted the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto stet my hand and affixed my official seal, the day and year in this certificate first above written. jtlotary Public for Residing at Qa My Commission 1 LICENSE AGREEMENT - Page 5 0 0 EXHIBIT A Legal Description A right of way for a gravity sewer line, Line A, which is within the right of way for Black Cat Road from Chinden Blvd. and south to Licensee's North Black Cat Lift Station. A right of way for a gravity sewer line, Line B, which is within or near the right of way for Black Cat Road from Licensee's Ashford Greens Lift State and then to Licensee's North Black Cat Lift Station. EXHIBIT C Purpose of License The purpose of this License Agreement is to permit and approve Licensee to: 1. construct, install, maintain and repair a gravity sewer line across the Five Mile Drain and within the District's fee title land and/or easement; 2. construct, install, maintain and repair a gravity sewer line across the Creason Lateral and within the District's easement; and 3. construct, install, maintain and repair a gravity sewer line across the Eight Mile Lateral and within the District's easement, all within Licensee's right-of-way, located within or near the right of way for Black Cat Road in Meridian, Ada County, Idaho. No other construction or activity is permitted within or affecting the Five Mile Drain, Creason Lateral, Eight Mile Lateral or the District's easement and/or fee title property. EXHIBIT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance with certain plans consisting of seventeen sheets: sheets 1-16 entitled "City of Meridian, North Black Cat Trunk Sewer," dated September 7, 2007. These plans have been delivered to the District's water superintendent, are in his possession in his offices, and are hereby incorporated by this reference. b. The District owns fee title to the Five Mile Drain and the land necessary to operate, access and maintain the Five Mile Drain in some of the locations where Licensee intends to construct and install the sewer line. In addition, the District may only own an easement in some of the locations where Licensee intends to construct and install the sewer line. Regardless of whether the District owns fee title or an easement, the District, by way of this License Agreement and according to the terms contained herein, grants Licensee the right to construct, install, operate and maintain the sewer line within both its fee title lands and easements. C. The Licensee recognizes and acknowledges that the license granted in this agreement by the District may pertain in some locations only to the rights of the District as owner of an easement. Accordingly, at said locations the District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights LICENSE AGREEMENT - Page 6 from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. d. Licensee represents that Licensee has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by Licensee which is the subject of this agreement. e. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or performance of this agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim, action or requirement. L In the event the District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with Licensee's discharge and other activity which is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District form all costs and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. g. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. h. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's fee title land and/or easement, nor perform any construction or activity within the District's fee title land and/or easements for the Five Mile Drain, Creason Lateral and Eight Mile Lateral except as referred to in this agreement or exhibits thereto without the prior written consent of the District. i. With respect to those portions in which the District own and easement for the Five Mile Drain, Licensee acknowledges and confirms that the District's easement includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Five Mile Drain, and to access the Five Mile Drain for said purposes and is a minimum of 100 feet, 50 feet to either side of the centerline. With respect to the Eight Mile Lateral and Creason Lateral, Licensee acknowledges and confirms that the District's easement includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Eight Mile Lateral and Creason Lateral, and to access the Eight Mile LICENSE AGREEMENT - Page 7 • 0 Lateral and Creason Lateral for said purposes and is a minimum of 50 feet, 25 feet to either side of the centerline for the Eight Mile Lateral and 60 feet, 40 feet to the left and 20 feet to the right of the centerline facing downstream, for the Creason Lateral.. j. All construction affecting the Creason Lateral and Eight Mile Lateral shall be completed prior to March 15, 2008. All other construction shall be completed one year from the date of this Agreement. Time is of the essence. LICENSE AGREEMENT - Page 8 Five Dile Drain and Creason laleral in NE 114, S.33 and NW114, S .34, TAN, R.1W, B. I., Ada County, Idaho (August 1994) Exhibit B, page 1 i Eig ht Mile Draw in N E 19, S.4 and NWI A I S. 31 UN I R.1 Wj BM., Ada County, Idaho ftgust 1994) m -- r. P Y`4 . f _ k 11,-,;FAk'. Exhibit B, page 2 December 14, 2007 MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT ITEM NO. S -P REQUEST Water Main Easement Agreement for Fuddrucker's by Grant Grace Meridian, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: U 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 became property of the City of Meridian. • City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 12/7/2007 Re: Proposed Agenda Items for 12/18/07 City Council Meeting RECEa�� C it,Y of fieri t3' ClerIz ®fila ce The Public Works Department respectfully requests that the following items be placed on the 12/18/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Fuddrucker's by Grant Grace Meridian LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Fuddrucker's by Grant Grace Meridian, LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 m, MOUNT .00 ADA COUNTY RECORDER J. DAVID NAV BOISE IDAHO 01103105 01:28 PM I I t 11 1 t t f 1 DEPUTY8118 RECORDED—REQUEST Of 108000611 f City OI Meridian WATER MAIN EASEMENT THIS INDENTURE, made this day of ll, 20�,between maw 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 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 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 an6eplacement 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, ifs 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 efect and shall be completely relinquished. Water Main Easement EASMT WTR 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 Secretary STATE OF IDAHO ) )ss County of A`) On this of , 20._, before me, the undersigned, a Notary Public m and for said State, pens lly appeared and , known or i tified to me to be the President and Secretary, respectively, of the corporation that executed the we ' instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto setlny hand and affixed my official seal the day and year fist above written. . (SEAL) Water Mete Easement NOTARY PUBLIC Residing at Commission Expires: IDAHO EASMT WTR ALL-PURPOSE CALIFORNIA ACKNOWLEDGEMENT State of California County of �(�t`-- SS. No„ Pte( C -f-, On wa, ' 101 2,01 before me, (DATE) (NOTARY) personally appeared Gt0ebt 1 tW--4 PA- printsmially e (or proved to me on the basis of satisfactory evidence) to be the person(s)-whose name( is6pe subscribed to the within instrument and acknowledged to me that helshefdiey executed the same in his eir authorized capacity(iz4 and that by his/heOdxiF-siguatureFs}on the instrument the personps ,-or the entity upon behalf of which the person(s) acted, executed the instrument. CONAL L. tMCk'1f . Vo- Comm)ulon 0 1710170 Notary Public - Calitomia Placer County fWVCcrrm 12, 2010 *****************OPTIONAL INFORMATION***************** The following information is not required by law, however it may be helpful in preventing fraudulent use of this acknowledgement. DOCUMENT TITLE OR DESCRIPTION DOCUMENT DATE: NUMBER OF PAGES: COMMENTS: 0200.4, USA Signing Services, Inc. • (800) 699.8522 • www.USAsigning.com • GRANTEE: CITY OF MERIDIAN Tammy de Weerd, BRAL rp �'�� i 13T • P Attest by William G. Berg, ityClerk llllll ,x,111111\��```,� Approved By City Council On: 1 STATE OF IDAHO, . ss. County of Ada ) C� On this IS*" day of j2n2CCYIkf=Le' , 20th, 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. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •46.00,• (SEAT) +� ' �� AKy'�, 0; ARY PUBLIC FOR AHO Residing at:OcLdlmu— in Commission Expires: 10 - l I -ll N `�� . • •.,,* Water Main Easement EASMT WTR D t n ,,$ A-..,07�- WAITS land surveying, llc 2790 Sunrise Rim. Road. Suite 240 Boise, IP 8333705 208.947.3830 Tele. 208.947.3829 Fax P:N. 2391 December 06, 2007 EXRTBIT "A" MERMAN CITY WATER EASEMENT DESCRIPTION A.20 foot wade strip ofland being a portion 'Lot 9, Block 2 of Centrepointe Subdivision as filed in Ada County Records and. located in the East 1/2 of the Southeast 1./4 of Section 32, TAN., R.1 E., BM, Ada County, Idaho, and being more particularly described as follows: Commencing at the Northwest corner of said Lot 9, Block 2 of Centrepo.inte Subdivision, thence S 00°00'32" E along the 'West boundary of said. Lot 9 for a distance of 58,62 feet; thence leaving said boundary N 90°00'00" E for a distance of 18.14 feet to the REAL POINT OF BEGINNING of said 20 foot wide strap of land lying 10 feet left and. 10 feet :right of the following described centerline: thence continuing N 90900'00" *E for a distance of 61..98 feet; thence N 00000'00" W for a distance of 13.94 feet to the point ofterminus of said centerline and 20 .foot wide strip of land. Prepared by: Todd R. Waite P.L.S. XAProjects\'udruckers2 (239:1)\Drowiags*-UDRUCKERS-WTREASE.doc-1 V, W V 0 OZ Z a i - ---, -r3t a ! N L 0 FZ x m� V n� _ M II'1 a No co M �00 O0 h rq IU -0 W i I W W I N z :;C - .0i I W � < 6 0o I 3 "S z w ( 3 w w 5 CL :3- W d z w W z Q I w F O Cc v z _N m~ X ~x� L_ W f Z - -------w-----�- I �— 1- � ; �N 58.62' _Xc S 00°00'32" E "112.53' 1 3 4 Sow O O I �g3 WOO Z I I I X 30 z_ ... _ Z _ ... _ ...N Z)- a Z '0pa. C;K W W ix to a zJUO a December 14,2W7 MERIDIAN CITY COUNCIL MEETING • December 18, 2007 APPLICANT ITEM NO. S -Q REQUEST Task Order 0733a With Civil Survey Consultants, Inc. for Design of City Well #28 Pumping Facilities for an amount not to exceed $28,000 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See alfached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: vdt", CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: qr 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 shag become properly of the City of Meridtan. TASK ORDER NO. 0733a 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 WELL 28 PUMPING FACILITIES 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 0733a — Design and Construction Per the City's request, the Engineer will provide professional engineering services related to the design and construction of Well 28 Pumping Facilities located on East Taconic Drive in the Blackrock Subdivision. The Engineer proposes to provide the following under this scope of services: 1. Well 28 will be located adjacent to the existing booster pumping facilities constructed as part of Blackrock Subdivision. Well 28 has not been drilled as of this date. Based upon previous Meridian wells we anticipate a vertical turbine pump will be designed for a maximum continuous delivery rate of approximately 2000 gpm with a 150 to 250 horsepower motor. Actual delivery rate and motor size will be determined based upon well performance and actual head conditions. 2. CSC will perform a topographic survey of the existing site. The survey will locate the existing booster building, existing roadway and all surface topography within 100 feet of the boundary described in the warranty deed. 3. CSC will confirm that all site boundary comers are set. If any comers are missing CSC will notify the City. If any comers are missing they may be reset and a record of survey prepared and recorded as a supplement to this agreement. 4. CSC will provide complete design services required for preparation of plans and specifications.for the new pumping faciliities. The new pumping facilities will include the following components: a. An addition to the existing booster building approximately 20' wide and 30' long. The building addition will be masonry block construction matching the existing building. b. The well will be equipped with a new water lubricated vertical turbine pump. The pump will be selected based upon the characteristics of the actual completed well. Motor size is anticipated to be 150 to 250 horsepower. An automatic pre - lube system will be provided for the pump column bearings. C. A Variable Frequency Drive (VFD) will control the pump motor. The well will be designed to pump directly into the existing distribution system. The VFD will vary the pump motor speed to maintain a constant pressure in the discharge piping. d. A liquid solution -metering pump will be provided. The pump will be controlled proportional to the flow by a 420 ma signal from the flow meter. e. The existing booster building electrical service and main distribution panel was sized for a future 250 hp, 3 phase pump motor. it was also sized for future lighting and HVAC to be installed as part of the well addition. The building addition will include lighting and HVAC supplied by the main distribution panel. Electrical and mechanical design services will be provided by DC Engineering as a subconsultant to CSC. f. The existing booster building is equipped with a PLC/SCADA system. The panel and .programming will be updated for the addition of the new well. Services for the PLC/SCADA update will be provided by DC Engineering as a subconsultant to CSC. 4. CSC will submit the completed plans and specifications to the Owner and Idaho Department of Environmental Quality for review and approval. 5. CSC will provide an advertisement for bids for publication by the Owner, answer any pre-bid questions and attend the bid opening. CSC will provide the Owner up to 30 copies of plans and specifications for bidding purposes. 6. CSC will attend a pre -construction meeting. 7. CSC will begin design upon receipt of a notice to proceed from the City of Meridian. It is anticipated that the design will proceed prior to completion and pump testing of the well. The plans will be updated as necessary to reflect the final well performance and pump horsepower requirements. Construction Services: 1. CSC will provide complete construction services including coordination between the Owner; Contractor, Sub -contractors and Sub -consultants. 2. CSC will provide construction observation services. 3. CSC will prepare contractor's partial payment estimates for approval by the owner. 4. CSC will review and evaluate the need for change orders during construction and provide a recommendation to the Owner regarding their approval or denial. 5. CSC will conduct the final inspection and assist the owner with project close out. 6. CSC will prepare record drawings for the completed facilities. 7. CSC will conduct a one-year warranty inspection. INFORMATION PROVIDED BY OWNER The following information will be provided by the owner. 1. Any available information regarding the site including original plans and record drawings. 2. All work associated with preparation of the water rights application, obtaining the water rights for the well, obtaining the well drilling permit, obtaining well site approval from DEQ, and drilling and pump testing the actual well will be completed by others under a separate contract. 3. Perform a hydraulic analysis of the distribution system with theircomputerized water model and provide CSC with predicted main line pressures at w c discharge rates of 500, 1000, 1500, 2000, and 2500 gallons per minute. 4. Provide a copy of the recorded warranty deed for the site. 5. Pay for all review and permit fees. 6. The Owner will issue the Notice of Award, Agreement, and Notice to Proceedacid will handle all contract administrative work. , TIME OF COMPLETION Plans and specifications will be completed within 60 calendar days of approval of the Task Order by the Owner and submitted for review and approval. Final plans and specifications will be prepared within 30 calendar days of receipt of all review comments. COMPENSATION The Not -To -Exceed amount for this Task Order No. 0733a is Twenty Eight Thousand Eight Hundred and 00/100 dollars ($28,800.00). 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. CITY OF MERIDIAN ENGINEER BY: TAMMY d WEERD, IMO Y A. BUR ES , MAYO """''��:•,. VICE PRESIDENT J4 c, 1 p®ved by City Council: ' Z/ / 8� 7 1F,C� (Date) �t►ntr! n!!1l�� Attest: G. BERG, Jam, 0 0 DEC 13 2001 2 Of Meridian Oityy Clerk Office Memo To: Will Berg; Tara Green From: Kyle Radek CC: File Date: 11/21/07 Re: Proposed Agenda Item for December 18, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the December 18, 2007 City Council agenda, under Consent Agenda, for Council's consideration: Task Order 0733a with Civil Survey Consultants Inc. for Desiqn of City Well #28 Pumping Facilities. This task order covers survey and design of a pump house, pump, and associated improvements for the new City Well #28 located adjacent to the Blackrock Booster Station on Taconic Drive in the proposed Blackrock Subdivision. Recommended Council Action: The Public Works Department recommends that City Council approves Task Order 0733a with Civil Survey Consultants, Inc. for Design of City Well #28 Pumping Facilities for an amount not to exceed $28,800 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. 0 Page 1 • 0 TASK ORDER NO. 0733a 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 WELL 28 PUMPING FACILITIES 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 0733a — Design and Construction Per the City's request, the Engineer will provide professional engineering services related to the design and construction of Well 28 Pumping Facilities located on East Taconic Drive in the Blackrock Subdivision. The Engineer proposes to provide the following under this scope of services: Well 28 will be located adjacent to the existing booster pumping facilities constructed as part of Blackrock Subdivision. Well 28 has not been drilled as of this date. Based upon previous Meridian wells we anticipate a vertical turbine pump will be designed for a maximum continuous delivery rate of approximately 2000 gpm with a 150 to 250 horsepower motor. Actual delivery rate and motor size will be determined based upon well performance and actual head conditions. 2. CSC will perform a topographic survey of the existing site. The survey will locate the existing booster building, existing roadway and all surface topography within 100 feet of the boundary described in the warranty deed. 3. CSC will confirm that all site boundary corners are set. If any corners are missing CSC will notify the City. If any corners are missing they may be reset and a record of survey prepared and recorded as a supplement to this agreement. 4. CSC will provide complete design services required for preparation of plans and specifications for the new pumping facilities. The new pumping facilities will include the following components: a. An addition to the existing booster building approximately 20' wide and 30' long. The building addition will be masonry block construction matching the existing building. b_ The well will be equipped with a new water lubricated vertical turbine pump. The pump will be selected based upon the characteristics of the actual completed 0 0 well. Motor size is anticipated to be 150 to 250 horsepower. An automatic pre - lube system will be provided for the pump column bearings. C. A Variable Frequency Drive (VFD) will control the pump motor. The well will be designed to pump directly into the existing distribution system. The VFD will vary the pump motor speed to maintain a constant pressure in the discharge piping. d. A liquid solution -metering pump will be provided. The pump will be controlled proportional to the flow by a 4-20 ma signal from the flow meter. e. The existing booster building electrical service and main distribution panel was sized for a future 250 hp, 3 phase pump motor. It was also sized for future lighting and HVAC to be installed as part of the well addition. The building addition will include lighting and HVAC supplied by the main distribution panel. Electrical and mechanical design services will be provided by DC Engineering as a subconsultant to CSC. The existing booster building is equipped with a PLC/SCADA system. The panel and programming will be updated for the addition of the new well. Services for the PLC/SCADA update will be provided by DC Engineering as a subconsultant to CSC. 4. CSC will submit the completed plans and specifications to the Owner and Idaho Department of Environmental Quality for review and approval. 5. CSC will provide an advertisement for bids for publication by the Owner, answer any pre-bid questions and attend the bid opening. CSC will provide the Owner up to 30 copies of plans and specifications for bidding purposes. 6. CSC will attend a pre -construction meeting. 7. CSC will begin design upon receipt of a notice to proceed from the City of Meridian. It is anticipated that the design will proceed prior to completion and pump testing of the well. The plans will be updated as necessary to reflect the final well performance and pump horsepower requirements. Construction Services: CSC will provide complete construction services including coordination between the Owner, Contractor, Sub -contractors and Sub -consultants. 2. CSC will provide construction observation services. 3. CSC will prepare contractor's partial payment estimates for approval by the owner. 4. CSC will review and evaluate the need for change orders during construction and provide a recommendation to the Owner regarding their approval or denial. 5. CSC will conduct the final inspection and assist the owner with project close out. 6. CSC will prepare record drawings for the completed facilities. CSC will conduct a one-year warranty inspection. INFORMATION PROVIDED BY OWNER The following information will be provided by the owner. 1. Any available information regarding the site including original plans and record drawings. 2. All work associated with preparation of the water rights application, obtaining the water rights for the well, obtaining the well drilling permit, obtaining well site approval from DEQ, and drilling and pump testing the actual well will be completed by others under a separate contract. 3. Perform a hydraulic analysis of the distribution system with their computerized water model and provide CSC with predicted main line pressures at well discharge rates of 500, 1000, 1500, 2000, and 2500 gallons per minute. 4. Provide a copy of the recorded warranty deed for the site. 5. Pay for all review and permit fees. 6. The Owner will issue the Notice of Award, Agreement, and Notice to Proceed, and will handle all contract administrative work. TIME OF COMPLETION Plans and specifications will be completed within 60 calendar days of approval of the Task Order by the Owner and submitted for review and approval. Final plans and specifications will be prepared within 30 calendar days of receipt of all review comments. COMPENSATION The Not -To -Exceed amount for this Task Order No. 0733a is Twenty Eight Thousand Eight Hundred and 00/100 dollars ($28,800.00). 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. CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR Attest: WILLIAM G. BERG, JR., CITY CLERK ENGINEER BY: MO A.-BUR415ES , VICE PRESIDENT Approved by City Council: (Date) December 14,2W7 MERIDIAN CITY COUNCIL MEETING December 18,2W7 APPLICANT ITEM NO. 5-R REQUEST Sanitary Sewer Easement Agreement for Bearwood Subdivision with Tuscany Development and the Craig & Rebecca Groves Foundation AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See aMached 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 pub8c meetings shah become property of the CNy of Meridian. WILLIAMS • BRADBURY A T T O R N E Y S A T L A W Mr. Ted Baird Deputy City Attorney City of Meridian 703 N. Main Street Meridian, ID 83642-2603 Re: Sanitary Sewer Easement Dear Ted: December 12, 2007 DEC 13 2007 City Of McAdian City Clerk Office As we discussed, enclosed please find an original Sanitary Sewer Easement which has been fully executed by the Grantors. I understand that you will deliver this to the Mayor and Clerk for execution on behalf of the City. I would appreciate it if you would arrange to have a copy delivered back to me once it has been signed and recorded. Thank you for your courtesy and cooperation. Please let me know if there is anything more that I can do to help. Very truly yours, l Stephe A. Bradbury SAB/jr Enclosure cc: Andy Byron 1015 W. Hays Street - Boise, ID 83702 Phone: 208-344-6633 - Fax: 208-344-0077 - www.wiffi=sbradbury.com i ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 17 BOISE IDAHO 12=7 01:06 PM ' DEPUTY Bonnie Oberbiing I l RECORDED -REQUEST OF �f� II�I'I"�I'1�t���'��I�I"II�I •• I Meridian Ciy 107167638 Recording` Requested By and i When Recorded Return To: Matt Scholtz RMR Consulting, Inc. 2127 S. Alaska Way Meridian, iD 83642 1 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY SANITARY SEWER EASEMENT This Sanitary Sewer Easement (this "Easements`) is entered into this Og p_4 day of October, 2007, between Tuscany Development, Inc., an Idaho Subchapter "S" corporation, and The Craig add Rebecca Groves Foundation, hereinafter together the "Grantors;" and accepted by the City of Ajeridian, Ada County, Idaho, hereinafter the "Gi rantee." RECITALS: A Tuscany Development, Inc., is the owner of the real property, all improvements (if any) thereon, and all easements, rights, and appurtenances thereto, described on Exhibit "Al" attached 6reto and incorporated herein by reference. B!, The Craig and Rebecca Groves Foundation is the owner of the real property, all improvetents (if any) thereon, and all easements, rights and appurtenances thereto, described on Exhibit ` I," attached hereto and incorporated herein by reference. C; Grantors desire to provide sanitary sewer fervices across the premises and property describes%, in Exhibits "A" and `W The sanitary sewer facilities are to be provided through an undergro'Ond pipeline to be paid for and constructed by third parties, in a good workmanlike manner. The ownership of the sanitary sewer facilities is to be transferred to Grantee upon completion. NOW, TIEF-REFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors agree as set forth below. AGREEMIENTS: I The above Recitals are incorporated herein as if set forth in full. 2 Each of the Grantors does hereby give, grt and convey unto the Grantee a perpetual, y SANMRY' EWER EASEMENT PAGE 1 OF 9 SEwmEASMdW_8EMW0OD (10-22-07) non-exclusive easement and right-of-way for construction, operation, and maintenance of a sewer line under and across that portion of the respective, Grantor's real property (described on Exhibits `'`A" and `B," respectively) which lies within the easement area (the "Easement Area") describedq and depicted on Exhibit "C," attached hereto and incorporated herein by reference. The easement granted in this Paragraph 2 is subject to other easements and encumbrances of record and is granted for the purpose of construction, operation, and maintenance of a sanitary sewer line and associated facilities, together with their maintenances repair and replacement, in compliance with Exhibit 11C." The easement facilities shall be constructed and installed in a good and workmanlike manner in compliance with the specifications of Exhibit "C:' The facilities installed (but not the real property) shall, upon their construction, installation, and acceptance by Grantee pursuant to this Easement; be deemed Grantee's personal property, to be maintained by Grantee. 3.'+ Grantee acknowledges that Tuscany Development, Inc., is conveying only the easement,. interests relating to the real property described on Exhibit "A" and makes no representation as to the ownership of real property field by The Craig and Rebecca Groves Foundation. Grantee further acknowledges that The Craig and Rebecca Groves Foundation is conveying only the easement interests relating to the real property described on Exhibit `B" and makes no: representation as to the ownership of real property held by Tuscany Development, Inc. 4., Grantors also grant to Grantee a right of access to the sewer line facilities via a temporary gravel access road until such time as a permanent paved road is constructed over said sewer line upon future development of the Bearwood Subdivision. The temporary easement right granted in this Paragraph 4 shall be temporary, non-exclusive, and subject to encumbrances of record;imd shall expire when the road is accepted by governmental authorities and conveyed to the public. S.; Grantors shall not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the Easement Area which would interfere with the use of said easement, for the purposes stated herein. Grantors shall be entitled to connect into the sewer line, after receiving approval from governmental entities having authority, without paying fees above those customarily charged. 6.;: After entering the Easement Area to make repairs or perform maintenance pursuant to this Easement, Grantee shall restore the Easement Area to that existing prior to such repairs and maintenance; provided that Grantee shall not be responsible for repairing, replacing or restoring anything placed within the Easement Area shown on Exhibit "C" that was placed there in violation of this Easement. 7.: Should any part of the right-of-way and Flasement hereby granted become part of, or lie withiin;-the boundaries of, any publicly dedicated and publicly owned 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 be completely relinquished. S., This Easement Agreement shall be construed and interpreted in accordance with the laws of the State of Idaho. The parties agree that Ada County is the proper venue. SANITARY*SEWER EASEMENT PAGE 2 OF 9 SEWER 9ASa1M7_B&1RW00D (10.22-07) i 9.This Easement Agreement shall be binding upon and inure to the benefit of the parties and their respective successors, assigns, heirs, personal r`6presentatives, purchasers, or transferees of any kind. v 16. This Easement Agreement, together With the Exhibits, constitutes the entire agreement among the parties and supersedes all prior memoranda, correspondence, conversations and negotiations. This Easement Agreement shall be effective only when signed by all parties and recorded the official records of Ada County, Idaho. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signaturd the day and year first herein above written. A TUSCANY DEVELOPMENT, INC., an Idaho SAchapter "S" corporation Un Its: STATE OF IDAHO ) )ss County of Ada ) d On this day of _ , 2007, before me, the undersigned, a Notary Public in Ad for said State, personally appeared Gregory W Johnson, known or identified to me to be the President Of Tuscany Development, Inc. that executed the within instrument, and acknowledged to me that such corporation executed the same. , -�0► NOTARY .PUBLIC FOR IDAHO tc Residing at*�! �- Commissidm .Expir. '40011. 10 SANITARY $EWER EASEMENT PAGE 3 of 9 SEW=FASea VT_BEMW00u(1422-07) GRANt R: THE CIUAIG ANP REBECCA GROVES FOUNDATION By: v Name: Andy D. Byron, Trustee STATE 61F IDAHO ) ss County of�Ada ) O�DJ6� do this r day of 2007, before me, the undersigned, a Notary Public in Ad for said State, personally appeared Andrew D. Syron, known or identified to me to be a Trustee of The Crg and Rebecca Groves Foundation that executed the within instrument, and acknowledged to me that such 1`�undation executed the same. IN WTINESS WHEREOF, I have hereunto set my hod and affixed my officials the day and year fist above'v* itten. 'AiL. _ . Ah, #1 il:6 tee. AN..1 •1 00 • V%O Ale g •. , o ►9T8 OF 11) NOTARY PUBLIC FOR IDAHO p I Residing ar Commission Exvir . 4 �' SANMRY `� EWER EASEA4ENT PAGE 4 of 9 SEWMEasEKbr_BHARW00D (10.22-M l a GRANTEE: CITY OF MERIDIANof STATE = BEAL _ Tanury de Weer ayor 1O �Oj isl • Attest by ;`illiam G. Berg, City Clerk Approved lay City Council ��rrrrNrH}i11 ��,� 007 On:C��`� l_ ' J'�' , 200-.Z— STATE 6'F IDAHO, ) ss County df, Ada ) 0Y lhis day of 2Cd,1� , 2007; before me, the undersigned, a Notary Public in and for s4 State, personally appeared TAMMY DE WEERI" and WILLIAM G. BERG, JR., known to me to be the M#or and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrumexii, 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) Y -WA K, J"j NOTARY PUBLIC FOR IDAHO �. Residing atm...... 1 ly `� i 0 Commission Expires: SANTTARY §EWER EASEMENT PAGE S of 9 SMMEASWEi� BennwooD(10-22-07) • Exhibit `IA" to Sewer Easement Agreement: d �, �:Xtfl�lf "�7 Legal Description of real pperty owned byte ° Tuscany Developmint, Inc. PARCEL I A part of the East half of the-pptheast quart of the southwest quer jer of. Section 24, Township 3 North, 1 West, U011se Meridian, Ada County. Idahp, mote particularly described as flows: Beginning at a railroad spike whicb.is the cent4r of Section 24, TOWnHwin 3 North, Range 1. West, Boise Mertdia., Ada County', Idaho, and the REALINZ` OR BEGINNING; thence Sd t'h 89044'40" West 661.98 feet.1ong the quarter line to a point; th ce South 0'01'18" East 994.50 feet 4. *ug the 64th. line to a point; thence] •Ndrth 89'44140" East 661.27 feet to a point; tbahce North 994.50 feet along the quari.t line to a int, the REAL POINT OR BEGINNING. PARCEL II That portion of the Northwest queer of the swithwest quarter of Sect on, 24. lying North of the centerline of the Ridenbaugh Canal, and the West f of the Northeast quarter of the Soutbuest quarter tt�f Section 24 lying Ido of the centerline of the Ridenbaugh final, all in 'township 3 North, Range 1 Vest, Boise Meridian, Ada County, Idaho, EXCEPTING that portion lying West sof the following described tract of and: Beginning at the center quarter aper of said.Section 24, also being a REAL POINT OF BEGINNING; thence South 0051124" West 996.09 feet along the centOW of Section line to a of l; theiace North 89025'10" West 661.28 feet go an iron piny, thence booth 0°48155" West 406.81 feet to a point on lite centerline of the R1 npapgh t'asial; thence -keindering along the centerliAe of the Ridenbaifth Canal North 56'°15' 30" West 26.23 feet. to a point; thflce on a curve to the left whose cgtl angle is 8a°56'24", radius is 30 .001. feet acid chord bears North 82013142" Wept 262.70 feet to a point; thence South 71°4810.6p West 152.90 feet to a point; thOnce on a curve to the right whose cimtXal angle is:5.01'15'48", radius is j D .OQ- feet and chord bears North 57"34'OQ" West 108.:10 feet to a point; therce North 6-56'06- West 70.80 feet t9 e. point; theftft on a curve to the left. whose Cent=l angle is 99013,06", radius is 25 .0°0, feet and chord bears North 36032139'" VCVt 247.00 feet- to a point; thence North 66°09112" West 50.40 feet. to a point; tbdnce on a curve to the left whose Centel angle is 24040'06", radius is 50 .OQ,feet and chord bears North 78°'29'1.5" We 213.60 feat to a point; thence Sodth 89°10142" West 33.50 feet to a point; tht3hce $n a curve to the right whose tral angle i8 24°54'42", radius is 3 .a0 leot and chord bears North 7'8°2a.'.Sl" West 129.40 feet to a point/ thei ce ftorth 65°54136" West 161.60 feet to a point; tUnce korth 53-31105- West 70.80 feet to a point; tb tace Mbaving the centerline of the Itidepbaugh Canal. W-bAh 0041130" East 888.71 feet to an iron pin ern the center of secti line; tbdnce South 89°27154" Bast 1965.67 :feet Along the comer of section line to tbp R. bohjT Op BEGINNING. x PARCEL I.II A parcel of land being a portion Ckf the West ilex£ of Section 24, To hip 3, North, Range 1 West, Boise-Mei:-.digi, Ada County'; Idaho more particul ly; desicxibed as follows: ColAmencing at the C quarter � of said Seittion 24 from which the or A. corner of said section 24 pears North 0051'53" East, 2634.95 feet;, I` (Continued) r SANUARY-NEWER EASEMENT SewFaEnsFa�ir_BFwaaooa (1022-07) f PAGE 6 oF9 I A 9 • ;thence along the Ea4t-West amterline of Mid Section 24 Norti;. ' 8.9027114" West, 773,73 feet to the REAL PO= Op BEGINNING; ;thence continuing along said East-West cefterline North 89027.14" West, 550.23 feet tQ the Northrest 1/16 c6r'her of said Section 24 hence along the north -South. mnterline of: the Northwest quarter of said Section 24 ]North 00°46'151" East, 735.60 feet; thence ' heaving said North -$south cent=line South 20°37141" Bast, 510.49 Feet to the beginnipg of a c=ve to the left; thence along sai4i curve 414.98 feet, a5d curve having a radius of 970.00 feet, ip, 4central angle of 24*30' 43 ° ace, a long chord, of 411.82 feet whJ;c.h bears South 42°531030 East to the REAL POtIft OF BEGINNING. `xCEPT; ?1 parcel of land bei-ag a port1pn of the Ndt.theast quarter of t._ e southwest quarter of Section 24, Township 3North, Range 1 Wes,, l 'Boise -Meridian, Ada County, Iftho more particularly described ;is 1 follows: iIEG1•NNING at the C quarter cm.gxer of said lection 24 from which }the North quarter cixner of &aid Section 14 bears North 00°511•53" last, 2634.95 feet; thence al -mg the North-South centerline of. !said Section 24 South 00051,533 West, 170;09 feet; thence leaving '.said North-South cextterline North 89008,070 West, 231..37 feet. to .`the beginning of a curve to ttm right; th4ace along said curve ' 575.53 feet, said m.rve having a radius ok 970.00 feet, a cen4sal, angle of 33059,42" and a 1 o.ag ohord of 561.12 feet which bears, •Worth 72"08' 16" Went to a point on the Ba4ts-West centerline ot• `said Section 24; tiaence along Paid Bast -Wast centerline South, 89027114" East, 773,,,73 feet to the REAL PUNT OP BEGINNING. Y SANITARY -SEWER EASEMENT seaza I:AP_88nRwooD (1322-a'1) PACE 7 OF 9 9xMbit `B" to Sewer Easement Agreement: Legal Description of real pk,�perty owned by The Craig and Rebecca Gr6ves Foundation Tiat certain real property, including all easeftnts, rights, and appurtenances, thereto, including approximately 34.31± acres of land located south of Overland Road, east of L.in. der Road, in Meridien, Ada County, Idaho, describe4 as follows: A portion of the W V2 of Seetion 24, T. 3M., R. 1W., B.M., Boise Meridiap, Ada County, Idaho; Commencing at the Southwest comer of the Northwest quarter of Section 24, T wnship 3 North, Range 1 West, Boise MeridIM; thence South 89027'14?' East 37.50 feet along: -the South line of said Northwgst g4arter to a point on the Easterly right-of-way of Vmder Road, the REAL POINT Q BAGINNING of this description; thence North 3017'55" West 179,33 feet along Wd fight -of -way to a point; thenge North 89°18'06" West 25.00 feet to a. point on the West line of s?Ad Arthwest quarter; thence It North 0°41'54" East 1142,$2 feet along said West line of the Northwest q>arter to a point; thence South 84050'00" East 357.57 feet to a point; thence South 55040100" East 360,00 feet to a p6lmt; thence South 72022115" East 699.33 feet to a pdi.nt on the East line of the West h. 4said Northwest quarter; thence South 0°46'51" West 887.38 feet along said East line to the Southeast corer of, the West half of said Northwest quarter; theflee North 89027' 14" West 12$6..45 feet aloft the South line of said Northwpst q Xter to the REAL POINT OF BEGINNING 6f this description; TOGETHER WITH all improvement easements, hereditaments, amd a6urtenances thereto, and all tenements, revisio iss, remainders, rights-of-way pd w4ter rights in anywise appertaining to the prop6rty herein described; and SUBJECT TO taxes and assessments for the years 2006 and 2007 and}au subsequent years, and to such rights, easements=, liens, encumbrances, covenan4.s, rf hts-of--way, reservations, restrictions, and zonft regulations as appear of records or based upon the premises, and to any state of faces hn accurate survey or inspectiontof Ne premises would show. SAMARY-iEwm EASEMENT PAGE 8 OF 9 SEWME BFARW00D(14224)7) Exhibit "C" to Sewer Easetient Agreement: Location of Easement Area for Sewer Facilities, and Engineering Wawings (9 pages including this't6ver sheet): a 1: Drawings for proposed BeanWOOd Subdivision, MeridiaD City Sanitaryewer Easement, issued by Engineering Soludohs LLP, 1029 N. Rosario St., Suite 100, Meridiani„ ID 83642, Project No. 60515, Drawing Data g/29/07, Sheet 1 of 1. 2:" Legal Description for Meridian Santa* Sewer Easement, Proposed $earwood Subdi4i6h, issued by Gregory G. CarterA .dated 9/4/07 v I.; Engineering Drawings issued by Engined ing Solutions, LLP, for Bearwood Sewer Trunk, fader Road/Kodiak Drive, Project No. 70721,11heets T-1, S-1, S-2, S-3, S-4, DT -1. SANUARY �wER EASE MMT PAGE 9 of 9 SMMBA=MO Brwswaon(IQ-=4M x m ;Lor,? 5yjt i8r( ,W{,fisqui1-HS .. � 1t s 1 1 p i 5H ,� OF Ript� CIT`1. E�1T ME SER �, SA�Tp,RY S 0o SUB°►��--r PRaPD'eD g °F 24 VE z iy NO Epf N 6 , 0010110001 ,029 Pham (� vs- Oct 1S 2007, 7:30RM :I Me*iation Services, LLC MERIDIAN SANITARY SEWER EASEMENT PROPOSED EEARWOODAUBDIVISION August 29, 2007 A;n easement for Merldian City senitary sewWfacilides, looted In the W 112 Q..f Section 24, T.*., R. W. B..M.. Ada County, Idaho, being a -a* of land 20.00 feet In width,,ieft of and'adjAcent to the following described easement rMw. Commencing at the comer common to Seckma 13, 14, 23, and the said Section 24, UN., RAW.; thence along the West boundary of said Sectlon 24 South 00°41'5+4' West, 1367.7S,Veet to the BEGINNING POINT of said eas►ent line; thence South 86°6825" East, 166,10 feet; thence South 64°35'07° East, 681.72 feet; thence South 75007"59" East, 332.74 feet; tl gpnce South 50°3222" East,104.06 feet; thence South 30°37'41'" East, 61.9,68 feet; thence South 36°33'39x' East, 212.87 feet; the' nce South 49°28'55" East, 206.24 feet; thence South 58026'08' East, 1.53,33 fleet; f wwm South 68033'36" East, 214,09 feet; thonce South 82014'50" East, 295.80 feet; thence South 89"08'07" East, 17+6AS feet to thb- ENDING POINT of Bald easement line. Said easement containing 64,471 SF, more or WIL 64Sf St60315 S$EAS62.BOC �'&_ fall pl6-P 9' (r r �qry H@. 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Riw BL. to • a III I .. TITLE SHEET �' a wo Extfloff P' it ._i l AWROVW FO}R CONSTRUCTION CAM MV -0 MMWOOD am Run - MWIM ROAD / =UK URM1. m "m M li+. B=IDII M LW.. 0.01. B.Y. j o SEWER R M/PROFU MAMMMM i lu MEN Malmo I OMEN 1111111111101 Ennis Molls ■ Sol'Hi IIb �■MNo �Vol U011111111 f.NEWEmil BE001101 ONpl---RmmE MOSHE2 APPROVED FQR CONSTRUMON DAM WV -V ! WOWOOD QWOR TRW (q ° * IMU BOAR / BODUR DRM w" sA T -x. sm. Au N o SEWER PIAN/MFiU ii rica f ir! f is n p - 6. W f / / Wegp AM fOt WDIIo oaos-m a Sum mar ae-n-oi � AD@NOU�DR0:9C�1WUCifON aww�'"�.:�°Le� •••••r•• i lu / / Wegp AM fOt WDIIo oaos-m a Sum mar ae-n-oi � AD@NOU�DR0:9C�1WUCifON aww�'"�.:�°Le� •••••r•• I.1ull N APPROVED FOR CONSTRUCTION oma assrm y BDAHWOOD MW EB UUNH EIVG/ (n k imam BUD / KOBUK EM i�� M 1/7. SEM M Ms. LAN. &M. BY. MENEMMENMEMEME SEWER PIAN/PWFr.E tem `Mr�w° 0mneo m 1111 MENEM wimmanown 21 mmilummum H Immitmmalll ommilimm 0=111moolim lmmonimm �Jma I.1ull N APPROVED FOR CONSTRUCTION oma assrm y BDAHWOOD MW EB UUNH EIVG/ (n k imam BUD / KOBUK EM M 1/7. SEM M Ms. LAN. &M. BY. oT SEWER PIAN/PWFr.E tem `Mr�w° 0mneo m 717 th I me SHMT s-. n I 'TRuCT{o" APPROVED FOR CONS W'fC: OB�•aT . wlt, � Q � a all �jj Wad io December 14, 2007 MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT ITEM NO. S -S REQUEST Reimbursement Agreement between the City of Meridian and Capital Development, Inc. for Off -Site and Oversized Sewer Lines Built in Settlement Bridge Phases 1,4, and 6 for $183,889 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. REIMBURSEMENT AGREEMENT 15 -INCH SANITARY SEWER TRUNKLINE SETTLEMENT BRIDGE PHASES 1A and 6 THIS AGREEMENT made this /� day of A-CcCw/W4 , 2007, by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter called CITY, and Capital Development, Inc., hereinafter called DEVELOPER: WITNESSETH: WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and has constructed a sanitary sewer system to serve their property and future City of Meridian property, shown on Exhibit "A", and has requested reimbursement for the sanitary sewer system; WHEREAS, upon recommendation of the Public Works Department, the Council of CITY accepted and approved the proposal of DEVELOPER subject to all conditions hereinafter provided by this Agreement. NOW THEREFORE, in consideration of the foregoing premises, it is agreed: A. Preparation of Plans. DEVELOPER has prepared plans and specifications, drawings, instructions, bid proposal and all other contract documents for the construction and installation of sanitary sewer system shown on Exhibit `B", including rights-of-way, grades and elevation, and materials used in the construction and installation of said trunk sanitary sewer lines. B. Construction of Sanitary Sewer Trunk Lines. (1) DEVELOPER has installed and constructed the sanitary sewer system and appurtenances as shown on Exhibit `B", subject to the conditions hereinafter provided. (2) DEVELOPER has provided all engineering, surveying, contract administration, permanent and temporary construction easements for the construction of the sanitary sewer system described on Exhibit `B". (3) DEVELOPER has provided all testing, sampling and other normally conducted quality control/quality insurance of installed systems. (4) CITY has provided inspection services for the construction of the sanitary sewer system described on Exhibit `B". C. DEVELOPER and CITY Responsibility for Costs. Because DEVELOPER has constructed oversized sanitary sewer improvements, as shown on Exhibit `B", at the request of CITY, it is mutually agreed that the cost of those sanitary sewer improvements will be shared as depicted in Exhibit "C". DEVELOPER has provided 100% of the cost of the project, which is $376,809. D. REIMBURSEMENT to DEVELOPER. Because DEVELOPER has constructed the sanitary sewer system as shown on Exhibit "B", CITY shall reimburse to DEVELOPER $183,889. E. Term of Agreement. Payment shall be made to DEVELOPER after City Council approval of this agreement. F. Sanitary Sewer Lines on DEVELOPER'S Property. As a condition for CITY entering this Agreement, DEVELOPER has: Submitted to inspection by either the Public Works Department or the Building Department of CITY whenever a building is to be connected to the sanitary sewer system constructed and installed on and within its property. G. Compliance with Laws. (1) In constructing and installing the sanitary sewer system within its property, DEVELOPER, at its sole expense, has complied with laws, orders and regulations of Federal, State and Municipal authorities and at its sole expense shall obtain all licenses or permits which may be required for the performance of this Agreement. (2) Upon connection to the sanitary sewer system, DEVELOPER has agreed to abide by all applicable City laws, rules and regulations pertaining to sanitary sewer systems. H. Indemnification and Insurance. DEVELOPER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by DEVELOPER, its servants, agents, employees, guest, and business invitees, and not caused by or arising out of tortuous conduct of CITY or its employees. I. 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. J. Definition of DEVELOPER'S Property. The term "DEVELOPER'S PROPERTY" in the Agreement shall mean the parcels shown on Exhibit "A" attached hereto, and more specifically all of the property included in the Settlement Bridge Subdivision Phases 1, 4 and 6. K. Binding Effect. An executed copy of this document shall be recorded in the office of the Ada County Recorder and is an Encumbrance which shall be binding upon all of DEVELOPER'S assigns, or successors in interest to said property. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. DEVELOPER: Capital Development, Inc. Name (printed) -04 �, Signature STATE OF IDAHO ) ) ss County of Ada ) VPv-e-s 'd6A Title T- ce,�6er tl , 2® u7 Date On this _day of 2007, before me the undersigned, a Notary Public in and for said State, personally appeared R- '%®r known or identified to me to be the persons whose names are subscribed to the w1 instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my liand and affixed my official seal the day and year first above written. 4NoPubliLcFor-q�LOAVmo ComResiding i n E p mi � ires: w, i z �pTARr . 7to Z 4,�.TF OF ♦0���. My: 1 : MAYOR j ATTEST': STATE OF IDAHO ) ) ss County of Ada ) On thisday of _ (1'rYlbtr 2007, 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, Idaho, who executed the within instrument and acknowledged to me that the City of Meridian executed the same. 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Yty Of lVicr idian _dlt� Clear Office Date: 12/11/07 Re: Proposed Agenda Item for December 18, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the December 18 City Council agenda, under Consent Agenda, for Council's consideration: Approval Reimbursement Agreement between the City of Meridian and Capital Development, Inc. Recommended Council Action: The Public Works Department recommends that City Council approves the Reimbursement Agreement between the City of Meridian and Capital Development Inc for off-site and oversized sewer lines built in Settlement Bridge Phases 1,4, and 6 for a total reimbursement of $183,889 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 REIMBURSEMENT AGREEMENT 15 -INCH SANITARY SEWER TRUNKLINE SETTLEMENT BRIDGE PHASES 1,4 and 6 THIS AGREEMENT made this day of , 2007, by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter called CITY, and Capital Development, Inc., hereinafter called DEVELOPER: WITNESSETH: WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and has constructed a sanitary sewer system to serve their property and future City of Meridian property, shown on Exhibit "A", and has requested reimbursement for the sanitary sewer system; WHEREAS, upon recommendation of the Public Works Department, the Council of CITY accepted and approved the proposal of DEVELOPER subject to all conditions hereinafter provided by this Agreement. NOW THEREFORE, in consideration of the foregoing premises, it is agreed: A. Preparation of Plans. DEVELOPER has prepared plans and specifications, drawings, instructions, bid proposal and all other contract documents for the construction and installation of sanitary sewer system shown on Exhibit `B", including rights-of-way, grades and elevation, and materials used in, the construction and installation of said trunk sanitary sewer lines. B. Construction of Sanitary Sewer Trunk Lines. (1) DEVELOPER has installed and constructed the sanitary sewer system and appurtenances as shown on Exhibit "B", subject to the conditions hereinafter provided. (2) DEVELOPER has provided all engineering, surveying, contract administration, permanent and temporary construction easements for the construction of the sanitary sewer system described on Exhibit `B". (3) DEVELOPER has provided all testing, sampling and other normally conducted quality control/quality insurance of installed systems. (4) CITY has provided inspection services for the construction of the sanitary sewer system described on Exhibit `B". C. DEVELOPER and CITY Responsibility for Costs. Because DEVELOPER has constructed oversized sanitary sewer improvements, as shown on Exhibit "B", at the request of CITY, it is mutually agreed that the cost of those sanitary sewer improvements will be shared as depicted in Exhibit "C". DEVELOPER has provided 100% of the cost of the project, which is $376,809. D. REIMBURSEMENT to DEVELOPER. Because DEVELOPER has constructed the sanitary sewer system as shown on Exhibit "B", CITY shall reimburse to DEVELOPER $183,889. E. Term of AQxeement. Payment shall be made to DEVELOPER after City Council approval of this agreement. F. Sanitary Sewer Lines on DEVELOPER'S Property. As a condition for CITY entering this Agreement, DEVELOPER has: Submitted to inspection by either the Public Works Department or the Building Department of CITY whenever a building is to be connected to the sanitary sewer system constructed and installed on and within its property. G. Compliance with Laws. (1) In constructing and installing the sanitary sewer system within its property, DEVELOPER, at its sole expense, has complied with laws, orders and regulations of Federal, State and Municipal authorities and at its sole expense shall obtain all licenses or permits which may be required for the performance of this Agreement. (2) Upon connection to the sanitary sewer system, DEVELOPER has agreed to abide by all applicable City laws, rules and regulations pertaining to sanitary sewer systems. H. Indemnification and Insurance. DEVELOPER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by DEVELOPER, its servants, agents, employees, guest, and business invitees, and not caused by or arising out of tortuous conduct of CITY or its employees. I. 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. J. Definition of DEVELOPER'S Property. The term "DEVELOPER'S PROPERTY" in the Agreement shall mean the parcels shown on Exhibit "A" attached hereto, and more 0 1*. . 0 specifically all of the property included in the Settlement Bridge Subdivision Phases 1, 4 and 6. K. Binding Effect. An executed copy of this document shall be recorded in the office of the Ada. County Recorder and is an Encumbrance which shall be binding upon all of DEVELOPER'S assigns, or successors in interest to said property. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. DEVELOPER: Capital Development, Inc. `/gUt' ct 'R- Name (printed) Signature STATE OF IDAHO ) ) ss County of Ada ) Title llpeceo,, e. 11, 20 u7 Date On this _day of ,2007, before me the undersigned, a Notary Public in and for said State, personally appeared Dk--+ 1Q• `1- -1-v, known or identified to me to be the persons whose names are subscribed to the wi hin instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my and and affixed my official seal the day and year first above written. ,_ _ , �* Notr Public For I o ��•4��,R !. yn Residing at: �A!" ramCommission Expires:ao OF �9a`��• r 0 MAYOR W—UMITII CITY CLERK STATE OF IDAHO ) )ss County of Ada ) 0 On this day of , 2007, 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, Idaho, 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. Notary Public For Idaho Residing at: Commission Expires: (SEAL) 604•' n e ' �� a a 7 >EE _N _ --... _._. 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OO VO.':f SOCC34 CC41 tti�'OQ_'N pO cc��pOfj^NODOM�h Of &�a.il trrtr��t�n�atr�� a al 0.I 9!�.7Z!RQZ�Z4Q O � �aaaa�¢a�Qaa j � a � xH I(?rT" (!- t d vvvvaa ash In to L t a �- ���oo Nm a to C4 a � o 40 dig �iiuu 64 co a 8 V)o$QOD m e 4��3e.� pepe mye 10UNNNN Eel NNN e vva`�v� �\ �vv y ml m d a NWCENMCO �?Lti w_ '=l gogggg w b�`o8i ��Npp NA� N Npp pNppN NNN �0p1 0f O !i a V, G 21 W Rp �1pp�pp �0p 0f �_Op C = J N ANN NNRNNN W W NNN v > NN W100) .0 CRr c' cl NNNRRR v, A ' Y E ��`a�000�o°� t: E o�nm yFri NNN �'�I pNNNo L hq ta'0�1$CD OOD San C � C � a rnl � 'a fn v a a F awlCD a aQa m a U) w Ex►���rr �.z i 0 December 14,2W7 MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT ITEM NO. S -T REQUEST Approval of Bid for Water System Improvmeents in Conjunction with the Intersection Linder & McMillan Roadway for $66,950 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer CC: File, Len Grady, Keith Watts • DEC 11 2007 City ®f Meridian City Clerk ®#lice Date: December 11, 2007 Re: Proposed Agenda Item for December 18 City Council Meeting The Public Works Department respectfully requests the following item be placed on the December 18, 2007 City Council agenda, under Consent Agenda, for Council's consideration: Approval of bid for Water System Improvements in conjunction with the Intersection Linder & McMillan Roadway Project Recommended Council Action: The Public Works Department recommends that City Council approves the bid of $66,950 for Water and Sewer Improvements in conjunction with the Intersection Linder and McMillan Roadway Project and authorizes Engineering to go ahead with the project. Thank you for your consideration. Please contact me if you have any questions regarding this item. 0 Page 1 • BID SCHEDULE McNI LLAN/LINDER ROADWAY IMPROVEMENTS ROADWAY IMPROVEMENTS ACHD PROJECT NO. 307009 ITEM REMOVAL OF OBSTRUCTIONS ESTIMATED I I UNIT BID BID ITEM I NO. ITEM DESCRIPTION ----]QUANTITY 54 UNIT PRICE TOTAL 201.4.1.C.1 REMOVAL OF OBSTRUCTIONS 1 JOB LUMP SUM $12,833.00 201.4.1.F.1 REMOVAL OF TREE (6"+) 54 EA $125.00 $6,750.00 202.4.1.A.1 EXCAVATION (PLANQUANTITY) 19894 CY $7.21 $143,435.74 307.4.1.A3 MISCELLANEOUS SURFACE RESTORATION (SOD) 600 SY $10.50 $6,300.00 307.4.1.A.5 MISCELLANEOUS SURFACE RESTORATION (PASTURE) 1100 SY 1 $5.50 $6,050.00 601.4.1.A.5.A 12" STORM DRAIN C-900 PVC PIPE 1154 LF $27.60 $31,850.40 601 A.1.A.5.B 18" STORM DRAIN SDR 35 PVC PIPE 4526 LF $27.80 $125,822.80 602.4.1.A.1 CATCH MANHOLE 22 EA $1,885.00 $41,470.00 602.4.1 .F.1 CATCH BASIN - TYPE 1 40 EA $600.00 $24,000.00 602.4.1.H.I PRECAST SEDIMENT BOX 5 EA $2,870.00 $14,350.00 706.4.I.A.5 STANDARD 6" VERTICAL CURB AND GUTTER 11610 LF $9.90 $114,939.00 706.4.1.B.1. CONCRETE VALLEY GUTTER 754 LF $18.80 1 $14,175.20 706.4.1.E.1. CONCRETE SIDEWALK 4193 SY $25.00 $104,825.00 Any Proposal shall be deemed unresponsive which contains omissions, erasures or alterations not initialed, additions of any kind, prices uncalled for, prices which are obviously unbalanced, or which in any manner shall fail to conform to the conditions of the published "Invitation to Bid". I 10/10/07 Bidder: �ANa 5nrufl C4 rr*.w..( o. BID SCHEDULE MCMILLAN/LINDER ROADWAY IMPROVEMENTS ROADWAY IMPROVEMENTS ACHD PROJECT NO. 307009 ITEM CONSTRUCT CONCRETE DRIVEWAY APPROACH ESTIMATED SY UNIT BIDBID ITEM NO. ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL 706.4.1.F.1 CONSTRUCT CONCRETE DRIVEWAY APPROACH 190 SY $32.00 $6,080.00 801.4.1.B.1 6" MINUS UNCRUSHED AGGREGATE BASE 39608 TON $5.15 $203,981.20 802.4.1.B.1 CRUSHED AGGREGATE FOR BASE TYPE 1 14238 TON $12.15 $172,991.70 810.4.LA. I PLANT MIX PAVEMENT 10362 TON $54.00 $559,548.00 1103.4.1.13.1 TRAFFIC CONTROL SIGNS 250 SF $6.50 $1,625.00 1103.4. I.C.1 TRAFFIC CONTROL BARRICADES, TYPE III 15 EA $65.00 $975.00 1103.4.1.D.1 TRAFFIC CONTROL DRUMS 50 EA $20.00 $1,000.00 103.4.111 TRAFFIC CONTROL MAINTENANCE 240 MH $20.00 $4,800.00 1103.4.1.H.1 PORTABLE TUBULAR MARKERS 50 EA $10.00 $500.00 1103.4.1.1.2 TRAFFIC CONTROL FLAGGERS 160 MH $25.00 $4,000.00 1131.01.0l.A TRAFFIC SIGNAL AND ILLUM SYSTEM COMPLETE McMILLAN / LINDER INTERSECTION 1 JOB I LUMP SUM $57,000.00 1131.01.01.13 TRAFFIC SIGNAL AND ILLUM SYSTEM COMPLETE CAYUSE CREEK / LINDER INTERSECTION 1 JOB LUMP SUM $50,000.00 1134.03.03 STRIPING DETAIL #3 (PAINT) 7951 LF $0.12 1 $954.12 Any Proposal shall be deemed unresponsive which contains omissions, erasures or alterations not initialed, additions of any kind, prices uncalled for, prices which are obviously unbalanced, or which in any manner shall fall to conform to the conditions of the published "Invitation to Bid". 10/10/07 Bidder: St,0,14 --. 5 A Qj k) � � �'� �'Lo' BID SCHEDULE McNHLLAN/LINDER ROADWAY EMIPROVEMENTS ROADWAY IMPROVEMENTS ACHD PROJECT NO. 307009 ITEM STRIPING DETAIL #7 (PAINT) ESTIMATED LF UNIT BID I BID ITEM I NO. ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL 1134.03.07 STRIPING DETAIL #7 (PAINT) 1491 LF $0.24 $357.84 1134.03.08 STRIPING DETAIL #8 (PAINT) 5323 LF $0.48 $2,555.04 1134.03.09 STRIPING DETAIL #9 (PAINT) 8436 LF $0.24 $2,024.64 1134.03.12 STRIPING DETAIL #12 (PAINT) 1516 LF $0.24 $363.84 1134.03.15 STRIPING DETAIL #15 (PAINT) 10880 LF 1 $0.24 $2,611.20 1134.03.16 STRIPING DETAIL #16 (PAINT) 126 LF 1 $0.12 $15.12 1134.03.17 STRIPING DETAIL # 17 (PAINT) 3312 LF 1 $0.12 $397.44 1134.05.18 PAVEMENT MARKINGS (THERMOPLASTIC) 3464 SF $7.00 $24,248.00 1 135.01.01 ROADSIDE TRAFFIC SIGN INSTALLATION 64 EA $50.00 $3,200.00 1135.01.06 REMOVE AND SALVAGE ROADSIDE SIGN 13 EA $35.00 $455.00 2010.4.I.A.I MOBILIZATION 1 JOB LUMP SUM --:�40 6+1-s $W44997$2" 2030.4.I.A.1 ADJUST MANHOLE TO GRADE 10 EA $335.00 $3,350.00 SP -100 CONSTRUCTION SURVEYING 1: LUMP SUM $24,500.00 Any Proposal shall be deemed unresponsive which contains omissions, erasures or alterations not initialed, additions of any kind, prices uncalled for, prices which are obviously unbalanced, or which in any manner shall fail to conform to the conditions of the published "Invitation to Bid". 10/10/07 Bidder: -VV.-.AW. 0 0 BID SCHEDULE McMILLAN/LINDER ROADWAY IMPROVEMENTS ROADWAY IMPROVEMENTS ACHD PROJECT NO. 307009 ITEM TOPSOIL ESTIMATED I I UNIT BID BID ITEM I NO. ITEM DESCRIPTION QUANTITY UN TT PRICE TOTAL SP -206 TOPSOIL 783 CY $15.19 $11,893.77 SP -708 CONCRETE DRIVEWAY REPAIR 33 SY $48.75 $1,608.75 SP -710 CURB TYPE A-7 OR C-7 1289 LF $9.98 $12,864.22 SP -802 GRAVEL REPAIR 28 SY $57.32 $1,604.96 SP -810 ASPHALT REPAIR 3061 SY $6.75 $20,661.75 SP -1003.4.1.A.1 SILT FENCE 1352 LF $2.00 $2,704.00 SP -1006.4.1.C.1 INLET PROTECTION 51 EA $181.95 $9,279.45 SP -1131.01.07 CONDUIT FOR FUTURE LIGHTING 12000 LF $5.76 $69,120.00 SP -1131.01.02 CONDUIT FOR FUTURE INTERCONNECT 12000 LF $3.87 $46,440.00 SP -1135 TYPE III BARRICADE 34 EA $250.00 $8,500.00 SP -2000 REPAIR / MODIFY SPRINKLER SYSTEM 500 LF $5.50 $2,750.00 SP -2035 ABANDON MONITORING WELL I EA $150.00 $150.00 SP -2060 I CONCRETE BARRIER, TYPE A 60 LF 1 $49.00 1 $2,940.00 Any Proposal shall be deemed unresponsive which contains omissions, erasures or alterations not initialed, additions of any kind, prices uncalled for, prices which are obviously unbalanced, or which in any manner shall fail to conform to the conditions of the published "Invitation to Bid". 10/10/07 Bidder: -Z' ,4q& 5 ipn-►t. S. Cnrowv -( ro, BID SCHEDULE McMILLAN/LINDER ROADWAY IMPROVEMENTS ROADWAY IMPROVEMENTS ACHD PROJECT NO. 307009 ITEM CONCRETE BARRIER, TYPE A TERMINAL [EiSTIMATED LF UNIT BID BID ITEM NO. ITEM DESCRIPTION ANTITY UNIT PRICE TOTAL SP -2065 CONCRETE BARRIER, TYPE A TERMINAL 281 LF $58.00 $1,624.00 SP -2216 STORMWATER MANAGEMENT I JOB LUMP SUM $2,500.00 SP -2508 INSTALL MAILBOX 3 EA $125.00 $375.00 SP -6002 STORM DRAIN INFILTRATION BASIN SEA $19,000.00 1 $95,000.00 AZ.,12.11a5a-00 car - ROADWAY PROJECT BID SUBTOTAL (A): �0 CONTINGENCY ROADWAY ITEMS (NOT INCLUDED IN PROJECT LUMP SITM Rm) ITEM UNSUITABLE MATERIAL REPAIR UNIT BID NO. ITEM DESCRIPTION UNIT PRICE Any Proposal shall be deemed unresponsive which contains omissions, erasures or alterations not initialed, additions of any kind, prices uncalled for, prices which are obviously unbalanced, or which in any manner shall fail to conform to the conditions of the published "Invitation to Bid". 10/10/07 Bidder: -r ©$ W e -g;1L,4p 1C UNSUITABLE MATERIAL REPAIR 202.4.5. D.1 (CONTINGENCY) SY $130.00 Any Proposal shall be deemed unresponsive which contains omissions, erasures or alterations not initialed, additions of any kind, prices uncalled for, prices which are obviously unbalanced, or which in any manner shall fail to conform to the conditions of the published "Invitation to Bid". 10/10/07 Bidder: -r ©$ W e -g;1L,4p 1C • BID SCHEDULE MCMILLAN/LINDER ROADWAY IMPROVEMENTS CITY OF MERIDIAN WATER SYSTEM IMPROVEMENTS ACHD PROJECT NO. 307009 ITEM 6" C-900 PVC ESTIMATED I UNIT BID I BID ITEM NO. ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL 401.4.1.A.l.A 6" C-900 PVC 42 LF $15.00 $630.00 401.4.1.A.l.B 8" C-900 PVC 382 LF $14.00 $5,348.00 401.4.1.A.I.0 12" C-900 PVC 800 LF $22.00 $17,600.00 402.4.1.A.1.A 6" GATE VALVE 1 EA $718.00 $718.00 402.4.I.A. 1.13 8" GATE VALVE 6 EA $979.00 $5,874.00 403.4.1.A.1 NEW FIRE HYDRANT ASSEMBLY 1 EA $2,650.00 $2,650.00 2030.4.1.C.l ADJUST VALVE BOX TO GRADE 21 EA $200.00 $4,200.00 SP402 2" BLOW -OFF ASSEMBLY 6 EA $1,000.00 $6,000.00 SP -403 HOT TAP EXISTING WATER MAIN 4 EA $1,400.00 $5,600.00 SP404 ADJUST EXISTING WATER MAIN AT NEW PIPE CROSSING 7 EA $2,500.00 $17,500.00 SP -409 RELOCATE EXISTING WATER METER 2 EA $415.00 $830.00 WATER SYSTEM PROJECT BID SUBTOTAL (B): $66,950.00 Any Proposal shall be deemed unresponsive which contains omissions, erasures or alterations not initialed, additions of any kind, prices uncalled for, prices which are obviously unbalanced, or which in any manner shall fail to conform to the conditions of the published "Invitation to Bid". 10/10/07 Bidder: y6r+bio Snaa.ip�a�-y`� L'e 0 0 BID SCHEDULE McMILLAN/LINDER ROADWAY IMPROVEMENTS ACHD PROJECT NO. 307009 -Z, I Z(/ 050.0-0 ROADWAY PROJECT BID SUBTOTAL (A): CgE2 WATER SYSTEM PROJECT BID SUBTOTAL (B): $66,950.00 71 '21 1 %%, 000 - do COMPLETE PROJECT BID TOTAL (A+B): C -2a Any Proposal shall be deemed unresponsive which contains omissions, erasures or alterations not initialed, additions of any kind, prices uncalled for, prices which are obviously unbalanced, or which in any wanner shall fail to conform to the conditions of the published "Invitation to Bid". 10/10/07 Bidder: Xrma • December 14, 2007 MERIDIAN CITY COUNCIL MEETING 11 December 18, 2007 APPLICANT ITEM NO. 5-U REQUEST Approve Bid and Standard Form of Agmt with Knife River for the Construction of the Black Cat Trunk Sewer Phase 4 Schedule B&C in Bear Creek Subdivision for $626,979.20 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: �rf MERIDIAN SCHOOL DISTRICT. ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meetings shag become property of the City of Meridian. s DEC 1 1 2007 a�t7YCOf eri�nMemo rOe To: Will Berg; Tara Green From: Max Jensen, Engineering Technician jensenm@meddiancity.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: 12/11/07 Re: Proposed Agenda Item for December 18, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the December 18, 2007 City Council agenda, under Consent Agenda, for Council's consideration: Black Cat Trunk Sewer Phase 4. Schedule B&C (Construction) Attached is a Bid Tabulation and a Standard Form of Agreement with Knife River for the construction of approximately 2,493 lineal feet of 27 -inch PVC gravity sewer, 1,946 lineal feet of 10 -inch PVC sewer, 165 lineal feet of 8 -inch gravity sewer and other related and miscellaneous work required to complete this project. This project will begin in Bear Creek Subdivision, progress west to Stoddard Road and then progress north, short of Overland Road. The contract is for $626,979.20. Recommended Council Action: The Public Works Department recommends that City Council approves the Standard Foran of Agreement with Knife River for the construction of the Black Cat Trunk Sewer, Phase 4, Schedule B&C project. Thank you for your consideration. I will send original contract for your signature upon your consideration. Please contact me if you have any questions. 0 Page 1 0 �e�e�eeeoo��eeoemeeee�000es seaoe:e000vea000ccc000ec3eooc�eE� 0 . FORM 00500 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR Taken From 2007 ISPWC For the CITY OF MERIDIAN BLACK CAT TRUNK SEWER PHASE 4, SCHEDULES B & C ADA COUNTY, IDAHO 0 • CITY OF MERIDIAN BLACK CAT TRUNK SEWER PHASE 4, SCHEDULES B & C ADA COUNTY, IDAHO STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is by and between the City of Meridian (hereinafter called OWNER) and Knife River (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project consists of construction of approximately 2,493 lineal feet of 27 -inch PVC gravity sewer, 1,946 lineal feet of 10 -inch PVC gravity sewer, 165 lineal feet of 8 -inch gravity sewer, asphalt, sod and other surface repair, manholes, dewatering, lift station abandonment, traffic control, storm water management, trenching, and other related and miscellaneous work. It is the intent of these documents to describe the work required to complete this project in sufficient detail to secure comparable bids. All parts or work not specifically mentioned which are necessary in order to provide a complete installation shall be included in the bid and shall conform to all Local, State and Federal requirements. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Black Cat Trunk Sewer, Phase 4, Schedules B & C ARTICLE 3 - ENGINEER 3.01 The Design Engineer is J -U -B ENGINEERS, Inc., 250 S. Beechwood Avenue, Suite 201, Boise, Idaho 83709. The Construction Project Engineer is the City of Meridian, hereinafter called ENGINEER, and who is to act as OWNEWs representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 00500-1 i �► 4.02 Days and Dates to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed as listed below: 1. Bid Schedule B The work will be substantially completed within 120 days after the date when the contract times commence to run as provided in paragraph 2.03 of the General Conditions and completed and ready for final payment in accordance with paragraph 14.07 of the General.Conditions within 140 days after the date when the contract times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $500 for each day that expires after the time specified in paragraph 4.02 for Substantial Completion of each milestone date listed until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $500 for each day that expires after the time specified in paragraph 4.02 for completion of each milestone date listed and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 5.01.A. A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.02 Progress Payments; Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on or about the 25th day of each month for work through the last day of the preceding month during performance of the Work as provided in paragraphs 6.02A.1 and 6.02A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 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 may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions: a. 95% of Work completed (with the balance being retainage); and b. No payment for cost of materials and equipment not incorporated in the Work. 00500-2 0 2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the work completed, less such amounts as ENGINEER shall determine in accordance with Article 14 of the General Conditions and less 100% of ENGINEER's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. If, at Substantial Completion, the character and progress of the work has been satisfactory, the OWNER may, at the OWNEWs sole discretion, reduce the amount of retainage being held. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 7% per annum ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 00500-3 1. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and fiunishing of the Work. K. The CONTRACTOR is an appropriately licensed public works contractor per Section 54-1902 (Idaho Code). L. The CONTRACTOR will submit within 30 days of the date of this agreement a Public Works Contract Report (Form WH -5) to the Idaho State Tax Commission in compliance with Section 54-1904A and 63-3624(f), Idaho Code. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to , inclusive); 2. Performance Bond (pages to , inclusive); 3. Payment Bond (pages 4. Other Bonds (pages a. b. C. 5. Certificates of Insurance to ,inclusive); to , inclusive); (pages to , inclusive); (pages to ,inclusive); (pages to ,inclusive); 6. General Conditions, Division 100 of the 2007 Idaho Standards for Public Works Construction (ISPWC). 7. Project Manual. 8. Owner's Supplementary Conditions, Form 00810. 9. Standard Specifications and Standard Drawings — 2007 Idaho Standards for Public Works Construction (ISPWC). 10. Owner's Revisions to the Standard Specifications and Special Provisions (pages 1 to , inclusive). 11. Ada County Highway District latest Supplemental Specifications to ISPWC. 12. ITD R.O.W. Encroachment Permit 13. Plans consisting of a cover sheet and sheets numbered 1 through , inclusive with each sheet bearing the following general titles. City of Meridian Black Cat Trunk Sewer, Phase 4, Schedules B & C Ada County, Idaho 14. Addenda (numbers to , inclusive); 00500-4 hereto: 0 15. Exhibits to this Agreement (enumerated as follows): a. CONTRACTOWs Bid (pages to , inclusive); Form 00300 b. Contractor's Affidavit Concerning Taxes, Form 00710 c. Notice of Award, Form 00450 d. Notice to Proceed, Form 00720 e. Documentation submitted by the Contractor prior to Notice of Award 16. The following which may he delivered or issued on or after the Effective Date of the Agreement and are not attached a. Written Amendments b. Work Change Directives c. Change Order(s) d. Application for Payment e. Certificate of Substantial Completion B. The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.05 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 00500-5 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on .tor "C, 2007 (which is the Effective Date of the Agreement). OWNER: CITY OF MERIDIAN By. Attest Tammy de Weerd, Mayor [CORPORATE SEAL] William G. Berg, Jr. City Clerk Approved by City Council: Address for giving notices: 33 East Idaho Ave Meridian, ID 83642 (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of OWNER -CONTRACTOR Agreement.) Designated Representative: Name: Title: Address: Phone: Facsimile: CONTRACTOR: %�.lRrc Awns By: & [CORPORATES Attest Address for giving notices: 15locA - AAA- ! - Q- License No. i nr` 0i _ I&ACA _ 1 _ c (Where applicable) Agent for service of process: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: 00500-6 r TIME Address: f+ ► :. �" Po - @c • FacsimiletQ05—) •a 00500-6 Bid Form PROJECT IDENTIFICATION: City of Meridian Black Cat Trunk Sewer, Phase 4, Schedule B Ada County, Idaho CONTRACT IDENTIFICATION AND NUMBER: THIS BID IS SUBMIT TED TO: DELIVER TO: MAIL. TO: City of Meridian same City Hall, City Clerk's Office 33 East Idaho Avenue Meridian, Idaho 83642 (208) 888-4433 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER- 3.01 WNER 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefitlly studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged Addendum No. Addendum Date Signature or Initial ► 1 l 18 1 o .4 11119 � B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. 00300-1 1 0 0 F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted- 4.01 ubmitted 4.01 Bidder further represents that this Bid is genu'm6and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): BASE BID SCHEDULES CITY OF MERIDIAN BID SCHEDULE - BLACK CAT SEWER - PHASE 4, SCHEDULE 8 SPEC. PAYMENT REM DESCRIPTION EST. REFERENCE (Unit Price/Lump Sum Price written in words} QUANTITY UNIT UNIT PRICE TOTAL PRICE 307.4.1.A.3 Miscellaneous Surface Restoration (Sod) ---------- --- -------- --------- ---- - --- ---------------- 851 LF �13.ao �,7�3.ao r 20 307.4.1.4.9 Misceltarteous Surface Restoration (Stormwater Retention Pond) -- -- -------------------- 193 LF �i3 a0 C---------------------- 307.4.1.F.5 Type "P Surface Restoration -_ - --o - ---------------------------- 329 1.F �f�1.7o /�'�ot�•3o 307.4.1.F.7 Type -Ptr Surface Restoration - ----------------------- -- -------- 381 LF AQ -q(2) 8t5� -qO i-6&5 --------------------- d av 1 oos 307.4.1.F.9 Type "P-3" Sdrface Restoration - - ----r-----_-----r--------- ----------------------- 640 LF 43.a0 307.4.11.1 Grass Pav s 100 SY " 501.4.1.8.1 Gravity er Pipe - 27" PVC -- --- - - ---------- -- --- 2493 LF 8 3 90 acq «a. E- s------------ 501.4.1.8.1 Gravity r Pipe - 8" PVC -----------div-------------------�s--------------------- ,DO LF 3s.go 3,59o.do 502.4.1.A.1 Sanitary SeWer Manhole - 48" Type "A --------------------------- -------------- ' EA a,goo.00 a�Joo•o0 5 502.4.1.A.1 Sanitary Sewer Manhole - 60" Type "B" jFiJ2uSO- r-, --------- ------------ -------------------------------------- 8 LF 53310.00 a,q(.0o.00 502.4.1.4.1 Sanitary Sewer Manhole 72" ype "B" _ --��_----- - - 6 LF 502.4.1.C.1 Sanitary Sewer Manhole - 60" Type "B" tastic Lined)-,,���---- - ------------------- ---- --- 1 EA S,q�lo.ao B,9�ta .dD 502.4.1.F.1Connect to Existing Manhole j 1 EA ----------- ---------------------------- -- --- ----------------- (o$% •OCA (p 810 .DU 502.4.1.G.1 Connect to Existing 2 Sewer Stub Qne m- -- . --------------------- - ----- ----- 1 EA �,ac>�•on CooXt;1 rel-- s J 00300-2 r1 504.4.1.E.1 Maintain £t Reconn Sewer Service _ -- ---- ----- ------ --- --- ---- SPEC. PAYMENT EA C99 I - oo I,ttn�i.t ---------------------------------------------------------------- (Unit Price/Lump Sum Price written in words) QUANTITY UNIT 507.4.1.E.1 Remove Existing 8" Sewer - -- -- - - ------------------------------- 266 LF a.9 r t - -- --- - -- - -- ------------------- ------- o .40 507.4.1.H.1 Remove Obstruction - Manhole �------•----- ---- -- -----^------------- ------------------ 2 EA 5�'�.i�b 11088.0 1 t --� - --- ------ --------- - --------------• 601.4.1.8.1 Storm Drain Culvgrt Crossing 7 EA 438 LF CP -oo --------------------- --------- ------- ---- ------ ----- - Dne-j4anii anr -- S X X100.00 ,00.00 706.4.1.8.1 Concrete Valley Gutter ---� ------------- - - -- - p -- ------------------------ 15 LF La.40 Co5b,00 706.4.1.E5 Type 1 Sidewalk Repair --------- -------- ----•--- ------------------------------- vt 3 ops 20 LF ao:~ta �{t�l.00 706.4.1.E.3 Type 2 Sidewal Repair - --t- ---- -- ------ -- - - - -------- --- - 60 LF 4a.10 EA - - -- ------•--------------- ------r 00.5 .00 706.4.1.E.5 Type 3 Sidewalk Repair -------------- 171 LF iy.`i0 4.513.0 -------------------- --------- '-- -- ----------------------- -�ro 50 �s 1103.4.1.A.1 Construction Traffic ControI N - � -- --------------- ----------- 1 LS 65 LF a1.'To , Zan o3lions - -- 502.4.1.A.1 Sanitary Sew Manhole - 48" Type " "A_ �-W�-.�� �- 1130,00 31`130.00 2010.4.1.A.1 Mobitization+�lolr..�p��-�� 1 L5 a►a%-06(c,210-00 � 4Q� 502.4.1.C.1 Sanitary Sewer Manhole - 60" Type _B" Plastic Lined) F_l h* ------------------------ --- -------------- --- 1 EA 2020.4.1.F.1 Reference ft Reset Monuments 1 EA - -�- - - ----- - -- --- - -i- ----------------- --------------- 502.4.1.D.1 Drop Manhole- 60" Type "B" 5W.CX> sw- oo SP 2102.4.1.A.1 Construction Coordination --------------- - ----- --- - -- -- - - ------------------------ 1 LS S10.00 eilO•c�t> 5,5oo.or7 p SP 2105.4.1.A.1 a Bypass Control Systems 1 LS - -- ----- I - ----- ----- - - - - - $71.00 8'71.00 SP 2142.4.1.A.1 Remb4e rt Relocate Tree 3 EA 1►toa V S -00 .OU SP 2142.4.1.B.1 Remove & Replace Tree -------------- - ---- -- --r----------- -- - ---- ----- -- 2 EA 540.00 1)oso.0o SP 2216.4.1.A.1 Storm Water Management. >1 -- py Z --------_-• - ------------------------- - 1 LS 6,580.00 ti1 el n 0 )Sao.oc> SP 2220.4.1.A.1 Hardin Drain Crossing ------ ------------ ------r------------.._..D� -. 5 EA I,'I00-00 $1soO.O0 CITY OF MERIDIAN BID SCHEDULE - BLACK CAT SEWER - PHASE 4, SCHEDULE C SPEC. PAYMENT ITEM DESCRIPTION EST. REFERENCE ---------------------------------------------------------------- (Unit Price/Lump Sum Price written in words) QUANTITY UNIT UNIT PRICE TOTAL PRICE 307.4.1.A.3iscellaneous Surface Restoration (Sod) 50 LF - -- --- - -- - -- ------------------- ------- y5,yo a,a�o.o0 307.4.1.F.5 Type"P-1 rfaceRestoration---- 1441 LF --� - --- ------ --------- - --------------• 307.4.1.F.11 Type -P-4" urface Restoration ---- - -- - --- ---------------------------- 438 LF CP -oo a,taa�.00 X 307.4.1.F.13 "Asphalt Approach" Repair 10 SY 4003 0 �a$ •�� 405.4.1.A.1 Non -Pots a Waterline Crossinga��4�LC 1 EA - - -- ------•--------------- ------r 00.5 1,13d.O17 l,l3o.r�0 501.4.1.8.1 Gravity Sewer Pipe - 10" PVC 1946 LF -------------------- --------- '-- -- ----------------------- -�ro 50 �s a.�o 501.4.1.6.1 Gravity Sewe Pipe - 8" PVC - ---------------------------- ----D - ----- 65 LF a1.'To I,410.50 502.4.1.A.1 Sanitary Sew Manhole - 48" Type " "A_ �-W�-.�� �- 3 EA _ ---------------- -- ----- -- -- mac! C* D a►a%-06(c,210-00 502.4.1.C.1 Sanitary Sewer Manhole - 60" Type _B" Plastic Lined) F_l h* ------------------------ --- -------------- --- 1 EA 815�t,,00 g,�'7o.0� xau o S 502.4.1.D.1 Drop Manhole- 60" Type "B" 1 EA -------------------- -- -- --- - -- --- ------ - -- ------ %Y 5,5oo.or7 5,51�oto0 00300-3 r -j r 502.4.1.F.1 Connect to Ea-sfWManhole 1W EA ry ! [ 507.4.1.H.1 Remove Obstruction - Manhole 1 EA -- --------- ----------------------- - S ----- - -- 5top •oo 5W.00 601.4.1.8.1 Storm Drain Culvert Crossing ---------------- -r -- - -- - - -- - - - - --��------------------ 1 EA 0 86A0 Q �'�� a 706.4.1.E.1 yp 1 Sid walk R air 20 LF 706.4.1.E.3 Type 2 Side lk Repair -- - -- ------ - - - - ----------------- --- 20 LF y0 ICJ . $ a.00 1103.4.1.A.1 Construction Traffic Control p----�(�� -- -- - -- -- -- -- 1 LS t,gq0,6o 1,$y6•00 ---------�----------- 2010.4.1.A.1 b zationFOWr�+22r1-}�'� --- 1 LS ---------- - Of�S p4,5oo.cz )ci,Wo�Da SP 2102.4.1.A.1 Construction Coordination 1 LS ------------------ -- -- ----- -- ---------------------- J00-00 500, SP 2105.4.1.A.1 Sewage Bypass Control Systems --- ----------- --- ---------------- ------------------------ 1 LS oo tJ0 1005 • • i�(' SP 2155.4.1.A.1 Lift Station Abandonments � Z. _ 4�5_------- --------------------- ------- 1 LS 21 0 5 I 60,00()QW-00 11Q60,00 SP 2216.4.1.A.1 Storm Water Management Cy c -z --------------------------------------- --- - -- - 1 LS 1,560.00 1,560.00 ,r d t90 SP 2220A.1.A.1 Hardin Drain Crossing - �- - P � - - --- - -- -- --------------- ---- - 2 EA 1)550.00 3,100.00 TOTAL OF ALL ESTIMATED PRICES — BID SCHEDULE B & C ($ 1-b sit i), q`T k ..10 l TOTAL WRITTEN IN WORDS — BID SCHEDULE B & Unit Prices have been computed in accordance with paragraph 11.03.B of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. 6.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment in accordance with paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreereent. 6.03 Bidder agrees to comply with Idaho Code 441001 through 44-1006, regarding employment of Idaho residents. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security. B. Bidder shall include in his Bid the name, addresses, and Idaho Public Works Contractor License Numbers of the Subcontractors who shall, in the event the Bidder secures the Contract, subcontract the plumbing, heating and air conditioning work, and electrical work under the general Contract. If none are required, mark none on form. C. In addition to subcontractors for plumbing, heating and air conditioning work, and electrical work, provide the names and addresses of the additional subcontractors, suppliers, individuals or entities called for in the Instructions to Bidders (include Idaho Public Works Contractor License Numbers for any subcontractors). If none are required, mark none. 8.01 The terns used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. 00300-4 SUBMITTED on I6mmSEC Zd, 2007. Idaho Public WorksContractorLicense No. 1J 1554Y -AAA Expiration Date ilgAlUARY 3�. cO,007 00300-5 It Bidder is: An Individual Name (typed or printed): • (individual 's signature) Doing business as: Business address: Phone No.: _ FAX No.: 00300-6 (SEAL) A Partnership Partnership Name: (SEAL) By: (Signature of general partner — attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: FAX No.: 00300-7 A Corporation &&L,5 + ,r Corporation Name: 14A P TAye-ok �r t..) & S C ba 9 J1f=Efi vee- (SEAL) r• By: (Signature attach evidence of authority to sign) Name (typed or printed): V E LJRA/E R Title: /'REST DENT' (CORPORATE SEAL) Attest Lure of Corporate Secretary) „a Business address: s1/50 lhi Goyyem 96 ID SS`709 Phone No.: g%3tpQ-1.g,+5� FAXNo.:( QXILA a- 504%5 State of Incorporation 6g EC7 D/y Type (General Business, Professional, Service, Limited Liability): 6 EAJEX A I— Date of Qualification to do business is JA AJUAr2y 7 c,- 3 00300-8 CERTIFICATE I, KARL A. LIEPITZ, hereby certify that I am the duly elected and qualified Assistant Secretary of Hap Taylor & Sons, Inc., an Oregon corporation; that the following is a true and correct copy of a resolution adopted by Written Consent of the Board of Directors dated July 17, 2007; and that said resolution has not been modified or amended and is presently in full force and effect: RESOLVED, effective July 2, 2007, all of the officers of the Company, both newly elected and incumbent, are as follows: Terry D. Hildestad William E. Schneider Todd Nt Taylor Hap Taylor Rodney Gage David K. Johnson Dave Turner David A. Miidtlyng Nancy K. Christenson Paul K. Sandness Karl A. Liepitz Chairman of the Board Chief Executive Officer Region President President Vice President -Administration and Assistant Secretary President — Spokane Division President — Southern Idaho Division Vice President Operations — Spokane Division Treasurer and Chief Financial Officer General Counsel and Secretary Assistant Secretary I further certify that the following is a true and correct copy of Section 5.13 of the Bylaws of Hap Taylor & Sons, Inc., an Oregon corporation, which sets forth the powers of the officers to execute documents; and that said Bylaw Section is presently in full force and effect: 5.13 Execution of Instmments. All deeds, bonds, mortgages, notes, contracts and other instruments shall be executed on behalf of the Corporation by the Chairman of the Board, Chief Executive Officer, the President, or any Vice President or Assistant Vice President or such other officer or agent of the Corporation as shall be duly authorized, by the Board of Directors. Any officer or agent executing any such documents on behalf ofthe Corporation may do so (except as otherwise required by applicable law) either under or without the seal of the Corporation and either individually or with an attestation, according to the requirements of the form of the instrument If an attestation is required, the document shall be attested by the 0 . 0 Secretary or an Assistant Secretary or by the Treasurer or an Assistant Treasurer or any other officer or agent authorized by the Board of Directors. When authorized by the Board of Directors, the signature of any officer or agent of the Corporation may be a facsimile. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of this Company on October 17, 2007. KAL A. LIEPITZ, AssyAmj Secretary 2 • 0 CrrY OF MERIDIAN FORM 00310 BLACK, CAT TRUNK SEWER, PHASE 4, SCHEDULES B & C PENAL SUM FORM ADA COLNTY, IDAHO BID BOND 8WORR (NMe and Addreg-l: 1tNlEE RIVER 5450 W. GOWEN ROAD BOISE. IDAHO 83709 SURETY Wane and Add R of Frill Place of i3usinm2: LIBERTY MUTUAL INSURANCE COMPANY 2854HWY 55. STE 250 EAGAN MN 55121 QWWR dame and Address)• City of Meridian. DVmnent of Public Whrks 660 E. Watonaw rr_ 2d iioor Mgd ftm,1D R fAZ iBID BID DUE DATE: As listed In the Advardseanent for Bids. PROJECT (Brief Description bmiuding Location): The Project consists of construction of approximately 2,493 Lineal feet of 27 --inch PVC gravity sewer, 1.%6 linaai feet of 10 -inch PVC gravity sewer. 1651'ineai feet of 8 -inch PVC gravity sewer, asphalt, soil and other surfttce repair, manholos, dewatering, lift station abandotunent, "frac control, storm water management, trenching, and other related and miscellaneous work. It is the intent of these docutnents to describe the work required to complete this project in sufficient devil to secure comparable bids. All parts or work not specifically mentioned which are necessary in order to provide a complete installation shall be included in the bid and shaA conform to ail Local, State and Federal requhwwnts. BOND BOND NUAmma- N/A DATE (Not later than Bid due date): NOVEMBER 20, 2007 _ PENALSM- NnT Tn FxFFD FIVFpFR NT OF AM4t iNT Bin --:k " (Words) (Figures) IN WITNESS WTIERBOF, Surety and Bidder, inbending to be legally bound hereby, subject to the teras printtxi can the reverse side hereof; do each cause this Bid Bond to be duly executed on its behalf by its authorized tater, agent. cr representative. BIDDER SURETY KNIFE RIVER (Seal) B idder's Name and Corporate Seal By Signature and Tule Attest: cap P0nraott fie. Signature and Title LIBERTY MUTUAL INSURANCE COMPANY ca) Surety's Name andiCorpgrate Seal BY: ak-m"�� and Tg' fe MARGIE JOHNSON, ATTORNEY-IN-FACT (Attach r NICOLE J. WEDMORE, SURETY ACCOUNT MANAGER Note: (l) Above addresses are to be used for giving required notice, (2) Ady singular reference to Bidder. Surety, OWNER or other party shall be considered plural where applicable. rQGarnet W Elliott Resistant Secretary o COMMONWEAL TH OP PEN14MVANiA ".ss * 4. o � �- COUIU�' OF IU�J[VTC�QiUiEFtY - :.;_ Cf a► o o : On r�ayr of Frif 07 ,before ne a N9tary Publtc personally came Garnet W: Elliott to ine known, and acknowledged ' that be,is an' 1Aas-sk". 5ecrbtery <af Liljertgr:l tutual 1nsursnce Company; that:h knows_ the Seal. eal of sa�cl.corporatllah; and that he executed the above . Rower of Attor3re�t artri affixed the eorporate.seai of L(berty M%dual Irtsuranrte Company thereto with the authority and at the direction of said corporation. 321 :� i IN TESTIMONY WH un#o subscribed my, name and af�d rriy notarial seal at P Meetin Pennsylvania, on the da and ear : > 9► g s� y.. y. �: first above Written.. Z, CID 5ft V. F T Ty O a ] er�sa Pstella Notary Putriic . v CERTes- r 1, then.undQrsigned Asst ret+IkrY xubertY Mutual IfisYtr Ice Company dt>hereby certify that the Original power Gfattorney of which the foregoing i$ a full, true and Eorrectcopy is-irf: fvfj #Dice. arxi effect on IIIc:tib ot.thi5xedificete, arrE# Fdo further eerMy that ilia officer or otiicial who executed the said power of attorney is an Assista[7; Seccetarti spet�ally auttiorizeit:ti}rffje alaaairman or:tT�.presideri 3o appolntgttomeys-in-fact as provided in Article )tilt, Section 5 of the By-laws of Liberty 1tAutuai:Insurance Company ' This certificate anis the above pou+ie'r of attorney may iie signed by facsimile .or mechanically reproduced signatures under and by authority of the following vote, of the board of directors of Liber idutual Insurance Company at a meeting: duty called and held on the J 2th day" of March, 1980. VOTEDA)at the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney_ Iss0ed by the company in connection with surety bonds, shall be valid and binding upon the company , writh the same force and effect.as though manuaity afftxed. IN TESTIMONY WHEREOF, I havehereunto subscribed my name and affixed'the corporate seal of the said company, this 20TH day of ig0VRMR'RR 2007 s Lg >sn a ByI�AtssiWgtOft Davi M. Carey,Secretary 212287 IS THPOWER OFATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON REQ BACKGROUND. `This Power of.Attorney limits the acts of those named herein, 'and they have no..auUlority to bind the Company except !n the manner and to the extent herein.sta_ted, LIBERTY ,MUTUAL .INSURANCE. COMPANY . Bos `. TO. N, MASSACHiJ&ETTS " :POWER (jF:ATTORNEY KNOW: ALL PERSONS. BY THESE PRESENTS; That Liberty Ailutual Insurance;Comperty toe "Company"), "a Massachusetts stock Insurance 6 panya pursuant to and by authority<if the By law:and Autiipnz$tloel hereinafter set fgr{h,:does hereby name, constitute and:appoint AAAARGJE JQHNSON, JAMI=S :SINGER, �lbHl t. i�l�; �lpHN S :(KELVIN, KEftl YAM, ALL OF THE CITY OF $RRINGFIELD ST�tTE OF f��EGON.. : r .. ., - .. -uN iv Mt �ii�i�'lw4ii �iii!lY�. N� .•...`. ..i.YHI.l1.lw.r.lv�! ... . '. ,. •... �..... ... .4 7'• ..1•!4 .] �! yiY�.p •.2 �p�TT�Ai... •iti....... .ra'. i.............................- i41y iM'... ... , each indivrduaGy tf there be more than one hameo, ris tide esti lapq�f:aitotgey j -fact i make, execrrte,;sea( acicr owtedge and deliver, for and on its . behalf as sur . and as its act and, eed any and alt and ngsr biarids, 8nd;other sts'ety abfi fiot in fhe penal sum not. exon"" TIFt1r: LU �*' #•�` "**** 5a oaf 000:a$a***'* jai i�QLf AE3;# ($ each, and the -0 execution 'such undertakings bfirtds rer�gnrxardces slid' Ather sprdty obiflar�s irk, pursuance ot::fhese pies , shall be as binding upon the Company aS If they hed been dL 1§kn StbYr pre,icierit and attester! iD}r a fary 046e Com jinn their owrt'p .... r.persons. Chet %h povTeF 18 nide and executed r 44'eiul by autiior}fg t�[ 3tle iciElidwJtig $y iavir_.8nd Piuth.o mW ARfIC1 Xfil Exec totGor tiecis S ttE ds an , officer of the Company au1aadzed far that prtipase m venting by t ctrarrman or the president and subject to such limitations as the ' ehairrt�n ttr the'.prestdent may prQscnj 3halt•appolnt such eftomeys?►nom; asniay be necessaryta act. in beh$It of the Company to make, lett seal acknowledge an;#.¢eliver as sure6y yarsi 0"Aldert WrIgs, bonds, recognfzanees and other surety obligations. Such 'a attomsys•irkfacted :tDe tlmitatio'set fard#ln tl3aktespective Qowers of attorney shall have full powree to bind the Company by their um anti on go auEh IrasriirRetr@s 8iti# � attk O*e'O the the Ctsmpany. be N Q atm seal of When so executed such instruments shall birueing Es !# sued by the �rerd by -,the secretar�s; . m c.' UolfaYvirig.inrt Zkle cfrirrran er the presittent has arrized the a#rcer or other official named therein_ to appoint attorneys -in -fact: :.: PttreuArtt to Artlde JFU1; mon 5 of the J3}�t ati , QametW Etfiott; /Asses of Secretary gf. Liberty NCutuat Insurance Company, is hereby aultmozerl tip appoint su0t atiatneys rn-fad! as May � I . cassary to Oct rn 6ehaif of the Company to make execute, seal, acknowledge and ' C .�. deitv@tag &�uFaiy fid; elf t itakir t xlq; r n�a#lces and eti3eF surettr obligatigns " o 17181 the Sy 1Sw-:ate Iiia 40o[raatlgft f rpt akKiXe are trWe cepies' I110re0and ars now;in full force and effect. W 4 ? Y�il`iICRECiF ., ihig P+ Y then : by an authorf3rd officer or official of the. Company" and_ the corporate seal' of aAr C. . mitu% tri rice Capparlyfras been affixed ihesek;' in PlymQirth Heating, Penr sjtivania.this 17th day of oQ o X.:W 21)07 Q m: ? LJBERTY MUTUAL INSURANCE COMPANY . rQGarnet W Elliott Resistant Secretary o COMMONWEAL TH OP PEN14MVANiA ".ss * 4. o � �- COUIU�' OF IU�J[VTC�QiUiEFtY - :.;_ Cf a► o o : On r�ayr of Frif 07 ,before ne a N9tary Publtc personally came Garnet W: Elliott to ine known, and acknowledged ' that be,is an' 1Aas-sk". 5ecrbtery <af Liljertgr:l tutual 1nsursnce Company; that:h knows_ the Seal. eal of sa�cl.corporatllah; and that he executed the above . Rower of Attor3re�t artri affixed the eorporate.seai of L(berty M%dual Irtsuranrte Company thereto with the authority and at the direction of said corporation. 321 :� i IN TESTIMONY WH un#o subscribed my, name and af�d rriy notarial seal at P Meetin Pennsylvania, on the da and ear : > 9► g s� y.. y. �: first above Written.. Z, CID 5ft V. F T Ty O a ] er�sa Pstella Notary Putriic . v CERTes- r 1, then.undQrsigned Asst ret+IkrY xubertY Mutual IfisYtr Ice Company dt>hereby certify that the Original power Gfattorney of which the foregoing i$ a full, true and Eorrectcopy is-irf: fvfj #Dice. arxi effect on IIIc:tib ot.thi5xedificete, arrE# Fdo further eerMy that ilia officer or otiicial who executed the said power of attorney is an Assista[7; Seccetarti spet�ally auttiorizeit:ti}rffje alaaairman or:tT�.presideri 3o appolntgttomeys-in-fact as provided in Article )tilt, Section 5 of the By-laws of Liberty 1tAutuai:Insurance Company ' This certificate anis the above pou+ie'r of attorney may iie signed by facsimile .or mechanically reproduced signatures under and by authority of the following vote, of the board of directors of Liber idutual Insurance Company at a meeting: duty called and held on the J 2th day" of March, 1980. VOTEDA)at the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney_ Iss0ed by the company in connection with surety bonds, shall be valid and binding upon the company , writh the same force and effect.as though manuaity afftxed. IN TESTIMONY WHEREOF, I havehereunto subscribed my name and affixed'the corporate seal of the said company, this 20TH day of ig0VRMR'RR 2007 s Lg >sn a ByI�AtssiWgtOft Davi M. Carey,Secretary Form 00430 Naming of Subcontractors Form Per Idaho Code, 67-2310, Bidder shall include in his or her Bid the name, or names and address, or addresses, and Idaho Public Works Contractor License Numbers of the Subcontractors who shall, in the event the Bidder secures the Contract, subcontract the plumbing, heating and air-conditioning work, and electrical work under the general Contract. Failure to name Subcontractors as required shall render any Bid submitted by the Bidder unresponsive and void. If the work is to be done by the Contractor, contractor shall If none are required to complete the Work, mark "None." Approx. % Total Subcontractor Name and Address Classification License No. Contract Amount piumbina 170 0en00, OZZZO10Z.31o10-1 ZCO) V54M I tstaoo, 0-1-7001 oz$101 1SE � ID 83113 MSOU 1 t551p 113ci5o) lA L 1p I .tYy E i G ELF-COCAL 101 RISE �-rMkLIM December 14, 2007 MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT ITEM NO. S -V REQUEST Approve Pawnbroker's Licesne Renewal for Terry Stewart / Benny's Pawn at 451 North Main Street AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. Mayor Tammy de weerd � E IDIAN�--- Council Members: Keith Bird d A H O RECaavidZaremba DEC 0 5 2007 City of Meridian City Clerk Office APPLICATION FOR PAWNBROKERS LICENSE RENEWAL t� to �Is? YEAR RENEWAL TOTAL SUM OF $ ENCLOSED Name Addre,, OWNER INFORMATION Phone U !-i - S 3 -tel S.S. # Date of BirthL1- 3- qq Place of Birth _ A)a4-- -n.A- State --r-741, D.L. # ' Stated - Expires Height vr' g Weighty Eyes Hair &r t✓ Have you had any felony arrests or convictions in the last year? ( ) Yes (�) No If yes, Explain: IF MORE THAN ONE OWNER, LIST ABOVE INFORMATION ON A SEPARATE SHEET BUSINESS INFORMATION Name of Business All-u-tv --f IS, P—AA5 nJ Phone 999--371z) Mailing Address of Business �q 57 l ✓yii9- f,J Location of Premises �/ ; l ly f')'1 �► 1 v+� I 1 We hereby certify that there have been no changes in the above named business, ownership, directors, stockholders, or partners during the past license year, and that the above information is true and correct. Applicant 5 Date 1,2-3-67 .City Clerk's Office . 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433. Fax 208-888-4218 . www.meridiancity.org STATE OF IDAHO ) ss: County of AdD . ) HEREBY CERTIFY that on this S*' day of P , 2001, before the undersigned, a Notary Public in the State of Idaho, personally appeared •Tern steu lid . , known to me to be the person who executed the foredoing 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 in this certificate first above written. EAS)ftt .•', M• Q OF 0082000 ts%:•' •8200• c_ 1 a 1YA' QOjV Notary Public for Idaho Residing at % x 6 J. 1p My Commission Expires: I0-) t -I I Pawnbrokers Renewal License Renewal Application Page 2 of 2 • • PAWNBROKERS LICENSE APPLICATION — INTERNAL APROVAL CHECKLIST For Internal - Office Use Only: Applicant: Business Name: ' Location: V6 j A) . V(Ao,�„-, Telephone: J p Application / File Fee: 4) bp, o a Receipt No. jb � 17 Police Department: Police Chief Approval: r Signature Fire Department: Fire Chief Approval: Signature Planning Department: Planning Director Approval: Signature Public Works Department: Public Works Director Approval: Date Date Date Signature Date PLEASE RETURN THIS SHEET ONLY TO THE CITY CLERK BY /,./ /qf/ Cl so a December 14, 2007 MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT ITEM NO. 51'-W REQUEST Approve Pawnbroker's License Renewal for Paul Watson, LRB, Inc. / Meridian Coin & Pawn at 1550 North Main Street AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. a ( *irE IDIA+NIMO APPLICATION FOR PAWNBROKERS LICENSE RENEWAL O YEAR RENEWAL TOTAL SUM OF��li�'�,9 r ENCLOSED OWNER INFORMATION MayorTammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba Name 4 o rq 0��„ 2�n Address 3-� 16 n %ice � /-1 h - Ago i5a Phone )-D 9 -3 W'- 94/ 0 S.S. # Date of Birth -��J135L Place of Birth d2H jQ State Of< D.L. # State Expires Height .S- f -T it Weight 140 Eyes , d Z �� Hair Have you had any felony arrests or convictions in the last year? ( )Yes ( )No If yes, Explain: IF MORE THAN ONE OWNER, LIST ABOVE INFORMATION ON A SEPARATE SHEET BUSINESS INFORMATION Name of Business 1'9�- r i I a vd 0,2 f�)-Oa • � Phone W9 0 9 Mailing Address of Business /575- O df2, A ai r) e r-1 is n) 986V..), Location of Premises SA ni I / We hereby certify that there have been no changes in the above named business, ownership, directors, stockholders, or partners during the past license year, and that the above information is true and correct. .City Clerk's Office . 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433. Fax 208-888-4218 . www.meridiancity.org lil a STATE OF IDAHO ) ss: County of ) I HEREBY CERTIFY that on this day of before th undersigned, a Notary Public in the State of Idaho, personally appeared -moi , known to me to be -the person who executed the foregoing instrument and acknowledged to me that heshe executed the same. IN WITNESS WHEREOF, I have hereunto set myhandNand and affixed my official seal, the day and year in this certificate first above written. � ► AI U �� (S COOK Notary Public f I� daho NOTARY PUBLIC Residing at ^p STATE OF IDAHO `" My Commission Expires. Ell Pawnbrokers Renewal License Renewal Application Page 2 of 2 so a PAWNBROKERS LICENSE APPLICATION — INTERNAL APROVAL CHECKLIST For Internal - Office Use Only: Applicant: Loretta R. Beem Business Name: Meridian Coin & Pawn Location: 1550 N. Main Telephone: 888-2209 Application / File Fee: $100.00 Receipt No. 10358 Police Department: Police Chief Approval: Signature Date Fire Department: Fire Chief Approval: Signature Date Planning Department: Planning Director Approval: Signature Date Public Works Department: Public Works Director Approval: Signature Date PLEASE RETURN THIS SHEET ONLY TO THE CITY CLERK BY 12 /14/07 December 14, 2007 MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT ITEM NO. 5-X REQUEST Approve New Beer & Wine License for Qdoba Mexican Grill #474 located at 3319 N. 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: COMMENTS See attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MAYOR Tommy de Weerd CM COUNCIL MEM09PJ Keith Bird Joseph W. Dorton Charles M. Rountree Shaun Wardle CI fY DL+PAR''MEwn City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-55M (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844. Police 1401 E. Watertower Lane 888-66781 fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 895-9551 - Building 660 E. Watertower Lane Suite 1.50 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 (2) APPLICATION FOR NEW BEER LICENSE APPLICATION YEAR 2007 Application is hereby made for a license as a Retailer Retailer or Package vendor only Of beer and fee in the sum of $ 200.00 is enclosed. Rojo Caliente Restaurantes, Inc., DBA: Name of Business Qdoba Mexican Grill 5055 Avenida Encihas Address Carlsbad, CA 92008 phone 760-476-3411 Type of Business Fast -Casual Mexican Restaurant grmwd: Corporation, Individual, Wrtnership, etc.) RCaliente Resturantes, Inc. Name of Applicant tvI (a'(i0 Address 5055 Avenida Enci.nas ph 9 one 760-476-3411 331N. Eagle Road Address of Premises Meridian, ID 83646 ADA Street Address City County Premises are (check one: Owned Owned or Mortgaged Amount of loan secured by mortgage:$ : x leased rented Owner of building is Bladow Properties, LLC Name and Address Person holding mortgage on premises is Blue Marlin Investments, LLC Name and address P.O. Box 8204 Boise, ID 83707 Fixtures in the premises are of the value of $10 0 6 , 0 0 Oand are (check one): X Owned Held on Conditional Sales Contrail Leased or Rented If fixtures are held on Conditional Sales Contract or are leased or rented, the owner is: Name and Address CrTY HALL. 33 EAsT IDAHO AvENuF. MERIDIAN, IDAno 83642 (208) 888-4433 CrrY CLERK -FAX 888-4218 FINANCE & t IILI'IY BILLING- FAX 8874813 MAYOR'S OFFICE -FAX 8845119 Printed on recycled paper If applicant Is a Partnership, the names and addresses of the other partners are: Corporate applicant must furnish the following: Date and place of incorporation: February 1 7, 2004 Nevada InCorp Services, Inc. 5481 Kendall Street Registered Office: Boise, ID 83706 Adam M. Gonzales, COO Name of Manager of Corporation: In State Manager: Betsy Black Manager of Corporation became a resident of Idaho on: N/A In State Manager is a resident of Idaho Names of all officers and Board of Directors of Corporation: Michael O. Bladow, Adam M. Gonzales, Oliver H. Martin If wholesaler, address where records are kept: ations (6 or more residents of Meridian required): 3. STATEMENT AND OATH OF PERSONAL QUALIFICATIONS OF APPLICANT STATE OF Idaho ADA COUNTY I, Adam M. Gonzales , being first duly sworn on my oath and say: That I reside at 4887 Foxcreek Trail ; that I became a bona fide resident of eno, NV 59505 Beer License AppOcadon Page 2 of 4 71 • Idaho on N/A : that I am connected with the above named applicant as: X Owner Partner Manager of Corporation That I now hold United States Internal Revenue Retail Liquor or Wine Dealer's Stamp none No. or Malt Dealer's Stamp No. If none, write "none") That the following is a statement of the occasions within the past three years upon which I have been convicted of any violation of the Laws of the United States, the State of Idaho, or any other state of the United States, regulating governing or prohibiting the sale of alcoholic beverages or intoxicating liquor, or have within the past three years forfeited or suffered the forfeiture of a bond for my appearance to answer charges of any such violation: (if none, write "none) Date of Arrest Place of Arrest Charge Disposition n/a none That the following is a statement of the occasions upon which I have been convicted of any felony within the past five years or have paid any fine or completed any sentence of confinement therefore within the past five years: (if none, write "none") Date of Arrest Place of Arrest Charge Disposition n/a none That the following is a statement of the occasions within the past three years when my application for or my license to deal in beer, wine or liquor have been refused., suspended or revoked (if none, write "nonea) Date of Refusal, Suspension or Reason for Refusal, Suspension or Revocation Revocation none Beer License AppOcation Page 3 of 4 • That I am a citizen of the United States: (if naturalized, give number & place) yes, citizen of the United States (If wholesaler, cross out the following line) That I am not an official, agent oryfployee of an distillery, winery, brewery, of wholesaler or jobber of liquor or t beverage . Signature of Applicant NEJAD A STATE OF MAMO) ) ss: County of V40.sh , ) I HEREBY CERTIFY that on this day of , � before the undersigned, a Notary Public in the State oM-1 personally appeared dwi "&kj known to me to be the pe executed the said 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 in this certificate first above written. 16( -L---X--------- X Notary Public forfdoW Ne%m4a- 11MAINFAW Residing at 13en o , 4dabe t"Qa, �/,p��ata�'o!r��v,�e,Ry��yy� My Commission Expires: Z-�2e —e8 WE AM iM'Mi'7wM • 4• False statements in this application constitutes a felony and are punishable by Imprisonment for not more than fourteen (14) years (Title 18, Chapter 54, Idaho Code). Beer Ucerme Application Page 4 of 4 12 07 05t02P For Internal - Office use Only.- Applicant: nly:Applicant: Roio Caliente Restaurantes ing, Business Name: Qgoba Mexican Grill #474 Location: 3319 N. Ea le . Me dian Idaho -8364§ License Type: [X} Beer [ X1 Wine [ } Liquor Application / File Fee: $200:00'/2 oro-ratg� Receipt No. 10363 ECOnomic-Develcoment: Economic Development Approval: Signature Date POILee Department: Polios Chief Approval: Signature Date Fire Department: f Fire Chief Approval- , ignature Planning Department: Planning Director Approval: Signature Date Public Works Department: Public Works Director Approval: _ Signature, - Date PLEASETHIS SHEET ON Y WITH THE APPROPRIATE SIGNATURE. Pending Ada County approval, this Item is Scheduled for City Council Approval 1.2/18/07. Thank yowl .n7 P. i NEW BEER & WINE LICENSE APPLICATION — INTERNAL APPROVAL CHECKLIST For Internal - Office use Only: Applicant: Roio Caliente Restaurantes Inc. Business Name: Qdoba Mexican Grill #474 Location: 3319 N. Eagle Rd., Meridian Idaho 83646 License Type: [X] Beer [ X] Wine [ ] Liquor Application / File Fee: $200.00 %2 pro -rated Receipt No. 10363 Economic Development: Economic Development Approval: Police Department: Police Chief Approval: Fire .Department: Fire Chief Approval: Plannina Department: -Signature Date Signature Signature Date Date Planning Director Approval: Signature Date Public Works Department: Public Works Director Approval: Signature Date PLEASE RETURN THIS SHEET ONLY WITH THE APPROPRIATE SIGNATURE. Pending Ada County approval, this item is Scheduled for City Council Approval 12/18/07. Thank youl 0 0 For Internal - Office Use Only: Applicant: Roio Caliente Restaurantes Inc. Business Name: _ Qdoba Mexican Grill #474 Location: _ 3319 N. Eagle Rd.. Meridian Idaho 83646 License Type: [X] Beer [ X] Wine [ ] Liquor Application / File Fee: $200.00 Yz aro-rated Receipt No. 10363 Economic Development: Economic Development Approval: Police Department: Police Chief Approval: Fire Department: Fire Chief Approval: Signature Signature Signature Date Date Date Planning Department: Z�DPlainriing MIAM: � 7 ignature Date Public Works Department: Public Works Director Approval: Signature Date PLEASE RETURN THIS SHEET ONLY WITH THE APPROPRIATE SIGNATURE. Pending Ada County approval, this item is Scheduled for City Council Approval 12/48107. Thank youl • • NEW BEER & WINE LICENSE APPLICATION — INTERNAL APPROVAL CHECKLIST For Internal - Office Use Only: Applicant: Roio Caliente Restaurantes Inc. Business Name: Qdoba Mexican Grill #474 Location: 3319 N. Eagle Rd., Meridian Idaho 83646 License Type: [X] Beer [ X] Wine [ ] Liquor Application / File Fee: $200.00 Y2 pro -rated Receipt No. 10363 Economic Development: Economic Development Approval: Signature Date Police Department: Police Chief Approval: Signature Fire Department: Date Fire Chief Approval: Signature Date Planning Department: Planning Director Approval: Signature Date Public Works Department: Public Works Director Approval: 64tel 1r2-40'7 Signature Date PLEASE RETURN THIS SHEET ONLY WITH THE APPROPRIATE SIGNATURE. Pending Ada County approval, this item is Scheduled for City Council Approval 12/18/07. Thank youl t , • 0 Pagel of 2 Nancy Radford From: Len Grady Sent: Wednesday, December 12, 200710:33 AM To: Nancy Radford Subject: FW: Qdoba Mexican Grill Beer/Wine Application Attachments: Bruce Freckleton (freckleb@meridiancity.org).vcf Good to go. From: Bruce Freckleton Sent: Wednesday, December 12, 2007 9:40 AM To: Len Grady Subject: RE: Qdoba Mexican Grill Beer/Wine Application Len, We have issued a Certificate of Occupancy for this establishment, therefore I have no objections to issuance of these licenses. Thanks • Js�A�I Q Bruce Freckleton Development Services Manager Meridian Public works Department From: Len Grady Sent: Wednesday, December 12, 2007 8:04 AM To: Bruce Freckleton Subject: FW: Qdoba Mexican Grill Beer/Wine Application From: Nancy Radford Sent: Tuesday, December 1.1, 2007 4:27 PM TO: Bob Stowe; Joe Silva; Anna Canning; Len Grady Cc: Will Berg; Tara Green Subject: Qdoba Mexican Grill Beer/Wine Application Please find the attached BW Application for Qdoba's Mexican Grill. They are In process of obtaining their Ada County License. This item is scheduled on the 12118/07 City Council meeting. Please sign the approval checklist and return to the City Clerks Qffice. Thank you, 12/12/2007 t c:nY or ��l�r�-n 1DA1-IO MAYOR Tammy de Weerd CITY COUNCIL MFMBLRS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTm-ENT$ City Attorney/H% 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888 ]234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/ fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 895-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fox 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 / fax 881-1159 (1 (2) 0 APPLICATION FOR NEW WINE LICENSE APPLICATION YEAR 2007 Application is hereby made for a license as a Retai ler Retailer Only Of Wine and fee in the sum of $ 200.00 is enclosed. Rojo Caliente Restaurantes, Inc., DBA: Name of Business Qdoba Mexican Grill 5055 Avenida Encinas #200 Address_ Carlsbad, CA 92008 Phone 760-476-3411 Fast -Casual Mexican Restaurant Type of Business Rojo Caliente Restaurantes, Inc. (insert Corporation, Individual, Partnership, etc.) Name of Applicant Adam M. Gonzales, COO 5055 Avenida Encinas #200 Address Carlsbad, CA 92008 phone 760-476-3411 Address of Premises Merid1ian., De 83646 Ada Street Address city County Premises are (check one: Owned Owned or Mortgaged Amount of loan secured by mortgage:$ :_ -,leased rented Bladow. Properties, LLC Owner of building is 5055 Avenida Encinas 0200 Carlsbad, C1 Name and Address 9ZD08 Person holding mortgage on premises is —Blue Marlin Investments, LLC Name and Address P.O. Box 8204 Boise, ID 83707 Fixtures in the premises are of the value of $ 20 6, 0 0 0 and are (check one): K Owned Held on Conditional Sales Contract Leased or Rented If fixtures are held on Conditional Sales Contract or are leased or rented, the owner is: Name and Address CITY HALL 33 EAST 1DAHo AVENUE MERiMAN, IDAHO 83642 (208) $88-4.433 CITY CLERK —FAX888.421S FINANCE& UTILITY BILLING —PAX887A813 MAYOR'S OFFICE—PAX 884.8119 Printed on recyded paper v"m Wa.mnao MWOI oe %&VMtvlVVVVULY D15IFFLAYE0 o 8 oo 09 >I. } IS! 22Szo O Q H cm as .9'' crt ass § U9i W U. 0 N 3SN3an slHL :io d3wsNvuj. vo alvs doh 3als a883A3H 33s M A OO @ 83Tf40 SNJBIO so88L8Z MUd OV el LOOZ/ll/ZL z J CN W a U � U x • _ °oLU a� o 8 oo 09 >I. } IS! 22Szo O Q H cm as .9'' crt ass § U9i W U. 0 N 3SN3an slHL :io d3wsNvuj. vo alvs doh 3als a883A3H 33s M A OO @ 83Tf40 SNJBIO so88L8Z MUd OV el LOOZ/ll/ZL 0 wo:)-nuegopb-mmm uro�-saslac4a�uamopelq®��elgq 8L£Z'809'80Z =11aJ Z£ L9'ZL9'80Z :auoyd 919£B al 14E3 L£Z-00Z a;S'anlap aplsaanlIl 19LL •:)ul'sa}uieine4sa8 alualle, otos .101eulpa00j $ullaiaew vets AS4a8 lll!!J NVDIX3W l� • CM►z APPLICATION FOR NEW BEER LICENSE IDAHO 1k%14`:14 v APPLICATION YEAR 2007 MeriJieiAg�WVN� MAYOR `hammy de Weerd CITY COUNCIL MBMBLR' Keith Bird Joseph W. Dorton Charles M. Rountree Shaun Wardle CITY DLrAxTmlKN .4 City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 895-9551 - Building 660 E. Watertower Lane Suite 150 887-2211/fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 I ( Application is hereby made for a license as a Retailer Releffer or Package vendor only Of beer and fee in the sum of $ 200.00 is enclosed. Rojo Caliente Restaurantes, Inc., DBA: Name of Business Qdoba Mexican Grill 5055 Avenida Encinas Address Carlsbad, CA 92008 phone 760-476-3411 Type of Business Fast -Casual Mexican Restaurant QMWt Corporation,1"Vldual, Partnership, etc.) Ro'o Caliente Rest urantes, Inc. Name of Applicant ArTam M (inn�aI ea 0 W-010 Address 5055 Avenida Encina phone 760-476-3411 3319 N. Eale Road Address of Premises Mer i d�._aaa_, 7D 133646 ADA StreetAddress CRY Cowdyy (2) Premises are (check one: Owned Owned or Mortgaged Amount of loan secured by mortgage:$ x (eased rented Owner of building is Bladow Properties, LLC Name and Address Person holding mortgage on premises is Blue Marlin Investments, LLC Name and Address P.O. Box 8204 Boise, ID 83707 Fixtures in the premises are of the value of $ 2 0 6, 0 0 nand are (check one): X Owned Held on Condllfonal Sales Contract Leased or Rented If fixtures are held on Conditional Sales Contract or are leased or rented, the owner is: Name and Address CITY HALL 33 EAST IDAHO AvENUE MERIDIAN, IDAHO 83642 (208) 888-4433 MY CLERK -FAX 8884218 FINANCE dr UnLnY BILLING - FAX 887-4813 MAYOR'S OFFICE - FAX 8845114 Printed on recycled gaper If applicant is a Partnership; the names and addresses of the other partners are: Corporate applicant must furnish the following: Date and place of incorporation: February 17, 2004 Nevada InCorp Services, Inc. 5481 Kendall Street Registered Office: Boise, zn 83706 Adam M. Gonzales, COO Name of Manager of Corporation: In State Manager: Betsy Black Manager of Corporation became a resident of Idaho on: N / A In State Manager is a resident of Idaho Names of all officers and Board of Directors of Corporation: Michael O. Bl.adow, Adam M. Gonzales, Oliver H. Martin If wholesaler, address where records are kept: 3. (6 or more residents of Meridian required): STATEMENT AND OATH OF PERSONAL QUALIFICATIONS OF APPLICANT STATE OF Idaho ADA COUNTY I, Adam M. Gonzales , being first duly sworn on my oath and say: That I reside at 4887 Foxcreek Trail that I became a bona fide resident of Reno, NV 59bU9 Beer Ucw= AppOcatlon Page 2 of 4 Idaho on N/A : that I am connected with the above named applicant as: X Owner Partner Manager of Corporation That I now hold United States Internal Revenue Retail Liquor or Wine Dealer's Stamp none No. or Matt Dealer's Stamp No. (if none, write "none") That the following is a statement of the occasions within the past three years upon which I have been convicted of any violation of the Laws of the United States, the State of Idaho, or any other state of the United States, regulating governing or prohibiting the sale of alcoholic beverages or intoxicating liquor, or have within the past three years forfeited or suffered the forfeiture of a bond for my appearance to answer charges of any such violation: (if none, write "none) Date of Arrest Place of Arrest Charge Disposition n/a none That the following is a statement of the occasions upon which I have been convicted of any felony within the past five years or have paid any fine or completed any sentence of confinement therefore within the past five years: (if none, write "none") Date of Arrest Place of Arrest Charge Disposition n/a none That the following is a statement of the occasions within the past three years when my application for or my license to deal In beer, wine or liquor have been refused, suspended or revoked (if none, write "none") Date of Refusal, Suspension or Reason for Refusal, Suspension or Revocation Revocation none Beer Ucense Appgcation Page 3 of 4 That I am a citizen of the United States: (if naturalized, give number & place) yes, citizen of the United States (if wholesaler, cross out the following line) That I am not an official, agent or ployee of an distillery, winery, brewery, of wholesaler or jobber of liquor or beverage . 04160t, Signature of Applicant NGJAb A STATE OFA ) ) ss: County of VJaGh4 ) I HEREBY CERTIFY that on this _ day of i'Vo✓ 8!lQa before the undersigned, a Notary Public in the State of personally appeared Aiagi 6.aa t� , known to me to be the pe o executed the said 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 in this certificate first above written. (aao�s Notary Public for-fdaft Ne4jada- WTMYFM Residing at en D 4dWw t'64Qa, 11AEoFIEv1A�A� My Commission Expires: Z-26 -08 False statements in this application constitutes a felony and are punishable by Imprisonment for not more than fourteen (14) years (Title 18, Chapter 54, Idaho Code). Beet Ucense Application Page 4 of 4 c rrr o,= ll IOAI-Io MAYOR Tammy de Weerd CITY COUNCIL MrmoEits Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY D&PARTMENTs City Attomey/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234 / fax 895-0390 Parks & Recreation I1 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 895-9551 - Building 660 E. Watertower Lane Suite 150 887-2211/fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 864-0744 - Water 2235 N.W. 8th Street 888-5242 / fax 881-1159 (1 (2) • 0 APPLICATION FOR NEW WINE LICENSE APPLICATION YEAR 2007 Application is hereby made for a license as a Retailer Retailer Only Of Wine and fee in the sum of $ 200.00 is enclosed. (Retailer - $200.00) Rojo Caliente Restaurantes, Inc., DBA: Name of Business 4doba Mexican Grill 5055 Avenida Encinas #200 Address _Carlsbad, CA 92008 Phone 760-476-3411 Fast -Casual Mexican Restaurant Type of Business Rojo Caliente Restaurantes, Inc. (Insert: Corporation, Individual, Partnership, etc.) Name of Applicant Adam M. Gonzales, COO 5055 Avenida Encinas #200 Address Carlsbad, CA 92008 phone 760-476-3411 Address of Premises MeridianEaIDe 83646 Ada Street Address City County Premises are (check one: Owned Owned or Mortgaged Amount of loan secured by mortgage:$ :_-,leased rented Bladow Properties, LLC Owner of building is 5055 Avenida Encinas #200 Carlsbad, CA Name and Address 92008 Person holding mortgage on premises is Blue Marlin Investments, LLC Name and Address P.O. Box 8204 Boise, ID 83707 Fixtures in the premises are of the value of $206, 000 and are (check one): X Owned Held on Conditional Sales Contract Leased or Rented If fixtures are held on Conditional Sales Contract or are leased or rented, the owner is: Name and Address CETY HALL 33 EAST 1DAHo AVENUE: Mr.RIDIAN, IDA Ido 83642 (208) 888-4433 CITY CLERK -FAX 888.4215 FINANCE & UTILITY BILLING -VAX 887.4813 MAYOR'S OFFICE - FAX 884-8119 Printed on recycled piper ,/11/2007 13:40 FAX 2878:848 Clerks Office SEE REVERSI&E FOR SALE OR TRANSFER OF THIS Lo - Q 0 0 /V 4 w 0 9 Im 001/001 aundSIG Aisno oidSNO3 39 isnw 3SNaon Sin 9*�AMP� cD ch�Q , o m °•� � g to c 3 a CP. (A . I 40 10 o�$ po O p8 O Im 001/001 aundSIG Aisno oidSNO3 39 isnw 3SNaon Sin 0 • MEXICAN GRILL Betsy Black Marketing Coordinator Rojo Caliente Restaurantes, Inc. 776 E. Riverside Drive, Ste 200-231 Eagle, ID 83616 Phone: 208.672.6132 Cell: 208.608.2318 bblack®bladowenterprises.com www.gdobanv.com December 14, 2007 MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT ITEM NO. S -Y REQUEST Approve Beer, Wine & Liquor License Transfer for Rick's Press Room located at 130 East Idaho Avenue AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • For Internal - Office Use Only: Applicant: R&J Restaurants, LLC Business Name: Rick's Press Room Location: 130 E. Idaho Ave.. Meridian, Idaho 83642 License Type: [X ] Beer P() Wine [X ] Liquor Application/ File Fee: $100.00 $50 for Beer and $50 for Liquor jwine included) Receipt No. 10365 Economic Development: Economic Development Approval: Signature Date Police Department: Police Chief Approval: Signature Date Fire Department: Fire Chief Approval: Signature Date Piannina Department: ) ft, -X-5?— '� KYT Planning Director Approval: SlghktWe Date Public Works Department: Public Works Director Approval: Signature Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This item is scheduled to be on the 12/18/07 CITY COUNCIL AGENDA. THANK YOU For Internal - Office Use Only: Applicant: R&J Restaurants, LLC. Business Name: Rick's Press Room Location: _ 130 E.. Idaho Ave., Meridian Idaho 83642 License Type: [X ] Beer [X ] Wine [X ] Liquor Application / File Fee: $1.00.00 - $50 for Beer and $50 for Liquor (wine included) Receipt No. 10365 Economic Development: Economic Development Approval: Signature Date Police Department: Police Chief Approval: Signature Date Fire Department: Fire Chief Approval: Signature Planning Department: Planning Director Approval: Signature Public Works Department: Date Date Public Works Director Approval: Signature Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This item is scheduled to be on the 12/18/07 CITY COUNCIL AGENDA. THANK YOU Page 1 of 2 Nancy Radford From: Len Grady Sent: Thursday, December 13, 2007 11:13 AM To: Nancy Radford Subject: FW: Ricks Press Room License Transfer Application Attachments: Bruce Freckleton (freckleb@meridiancity.org).vcf Good to go. From: Bruce Freckleton Sent: Thursday, December 13, 2007 10:59 AM To: Len Grady Subject: RE: Ricks Press Room License Transfer Application Len, No problems with this request from my perspective. Thanks Bruce Freckleton Development Services Manager Meridian Public Works Department From: Len Grady Sent: Thursday, December 13, 2007 7:37 AM To: Bruce Freckleton Subject: FW: Ricks Press Room License Transfer Application From: Nancy Radford Sent: Wednesday, December 12, 2007 4:36 PM To: Bob Stowe; Joe Silva; Anna Canning; Len Grady Cc: Will Berg; Tara Green Subject: Ricks Press Room License Transfer Application Please find'the attached Liquor License Transfer Application for Rick's Press Room. This item is scheduled on the 12/18/07 City Council meeting. Please sign the approval checklist and return to the City Clerks. Office. Thank you, Nancy Radford 12/13/2007 • • Page 2 of 2 City of Meridian, Clerks Office 33 E. Idaho Ave. Meridian, ID 83642 208-888.4433 12/13/2007 EIDIAN„+^-- IDAHO J • Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba C E V VE T% DEC 122007 APPLICATION FOR LICENSE TRANSFER OF LOCATION City Of Meridian City Clerk Office BEER $50.00 0,0, `D-3 05— WINE $50.00 LIQUOR $50.00 "I hereby certify that I read and fully understand the rules and regulations of Title 3 Chapter 2, City Code of the City of Meridian, requiring licenses and regulating the sale of Beer, Wine or Liquor by the Drink. That I am over 21 years of age, a citizen of the United States, and have been a bona fide resident of the State of tPA-kO for the period of '5 years, and have not been convicted of any law regulating, governing, or prohibiting the sale of alcoholic beverages or intoxicating liquors and that my place of business shall not contain screens, boxes, stalls, or any room on the premises where beer is to be sold. That I am aware of the minimum age for sale of Beer, Wine or Liquor by the Drink, and penalties for violation of the same. That, if a vendor of packaged, bottled or canned beer; or packaged, bottled wine, not to be consumed on the premises, I will supervise and make certain that no beer or wine shall be consumed on these premises or parking lots under my control. These premises shall be open to officers of the United States, State of Idaho, or City of Meridian whenever occupied and shall not be open for sale of beer, wine or liquor by the drink between the hours of 1:00 o'clock A.M. and 7:00 o'clock A.M. and that I will uphold the laws of the United States, State of Idaho, and of Meridian at all times. That I am familiar with location limitations as set up by the County, State and City of Meridian, and will comply with any other special limitations as are in force or as may come about." „I P -i GK VP L,# o.J 2 VT iA do hereby apply for the transfer of Meridian ( �-- ) Beer ( ) Wine ( `'f Liquor License(s) from the address of 3583 A) . 1,F-=ry .S Pt M ,oi in the name of 44A-"'` 4A-,^3 d "C- to the address of 3 O F `��� ° �vt= --�' DiA-o,31 10 93442. in the name of n �- r -s t t -e V8-4. Rlc'-e- PA-O=—Vs R007L Said transfer to take place on the 2-<e day of �s ��`'`3 , 200 .City Clerk's Office . 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 . Fax 208-8884.218 . www.meridiancitv.orq .j • CITY OF MERIDIAN: Beer License # Wine License # Liquor License # Date Issued: Attach Copy of State and County Licenses: ( VI/State • (-'4ounty All statements .contained herein, which are within the knowledge of the person making this application, are declared to be true. Dated this \'.)� day of�a Signature of Applicant Address: It 55- W • 14 cT-ca cow• • Mr,V .t vI" , Ip Phone: Zo (.0 —'r;-0'9 STATE OF Z ) County of ) ss: I HEREBY CERTIFY that on this \a \A1 day of� g �2 �, -, before the L�pdersigned, a Notary Public in the State of ��personally appeared •` c -k U fAye -- -e-\ LL , known to me to be the person who executed the said instrument, and acknowledged to me that he I 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. (SNotary Public for Idaho Residing at�c����,Idaho ` - - My Commission Expires: 2 Application for License Transfer of Location Page 2 of 2 LWI TO ,;-I- 0 0 Of O �i V-11 THIS LICME MUST BE CONSPICUOUSLY 0 C6 co 0� c6 co CN L V— cr) Lo Z 0 0 ui > 04 D U) - cl) 0 Q E wCL g- z OC cf) W coco a Lu 8 m LWI TO ,;-I- 0 0 Of O �i V-11 THIS LICME MUST BE CONSPICUOUSLY 0 cn i W a). .0. 0, 4); a) a) >* -z �. >- >- c co 0 Z 0 0 ui > 04 D U) - cl) 0 Q E wCL g- z OC cf) W coco a Lu 0 cn i W a). .0. 0, 4); a) a) >* -z �. >- >- c 0 R E g- :3 in ai coco 0 cn i W a). .0. 0, 4); a) a) >* -z �. >- >- — wil co 0) CL /T c 0 R E :3 in ai coco a o 8 m co 0 (D -a 0 E c)) o qL 0 0 — wil co 0) CL /T L. • December 14, 2007 MERIDIAN CITY COUNCIL MEETING 0 December 18, 2007 APPLICANT ITEM NO. 5-Z REQUEST Amendment to the Standard Operating Policy and Procedure Manual Regarding Executive Personnel Benefits Program AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See affached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Emailed: Tarr mmais: Materials presented at public meetings shall become properly of the City of Meridian. Phone: CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 5.5 SUBJECT: EXECUTIVE PERSONNEL BENEFITS PROGRAM Eifq� of Meridian cid Clerk office PURPOSE: To provide fair and equitable benefits for the Elected Officials, Department Directors, Appointed Officials, and other specified employees of the City. The City acknowledges that certain employees by the nature of their position and expectation of the job will work well beyond the requirements and expectations of other positions within the City and hold the highest amount of accountability for the direction of the various Departments or responsibilities that they have. These individuals are accountable to the citizens of Meridian, and also to the Mayor and the City Council,. POLICY: The Executive Personnel of the City serve the public in the highest and most critical positions within the City. The expectation is that they will perform and meet the expectations of the needs of the City and the Mayor and City Council. This benefit plan was developed to insure that the City of Meridian can attract and retain the most qualified personnel of this caliber. This plan provides cost effective and positive incentives to recognize the value and enhancement quality executive personnel can provide to the benefit of Meridian and its citizens. AUTHORITY & RESPONSIBILITY: Human Resources will be tasked to monitor and implement the requirements of this policy. Human Resources will further be responsible to keep the benefits provided under this policy current with the job market through it normal measures. PROCEDURES AND RELATED INFORMATION: The Executive personnel shall receive the following benefits in addition to the other City benefits provided. In areas where these benefit exceed the regular employee's benefits, the Executive personnel shall receive the greater benefit. • No introductory period of employment; • Annual Leave accrual at 16 hours per month with a maximum accrual of 384 hours; • Ability to convert into %Z of accrued vacation leave annually (maximum annual conversion amount is 100 hours) and direct it to a City deferred compensation plan (All IRS regulations must be adhered to); • Upon beginningof f employment, the Director will receive a bank of 40 hours of sick leave and 16 hours of annual leave; • The City will pay for life insurance coverage of $100,000 ; (individuals may opt out of this portion and retain the General employee benefit) • If necessary, the City will provide up to the 21 days of paid coverage to qualify for Short Term Disability program (STD). The Executive personnel's own available leave must be applied first; • If necessary, the City will provide "make-up" pay between STD and the Executive Personnel's salary for up to 90 days or until Long Term Disability (LTD) becomes available. The Executive personnel's own available leave must be applied first. • If necessary, the City will provide "make-up" pay between LTD and the Executive personnel's salary for up to 90 days. The Executive personnel's own available leave must be applied first. • Regardless of actual hiring date each The Executive personnel shall have an employee Anniversary Date of October 1 of each year. • Annually after October 1 't of each year the Executive personnel's salary will be reviewed and adjusted by the Mayor with the input of the City Council, the new pay will become effective as of October 1't and will be reflected in the first pay period of the fiscal year and every month thereafter until the next fiscal year. Pay adjustments will be based upon the current City merit pay system. OTHER CITY PERSONNEL The Mayor may request, and the City Council must approve, any other additional personnel to be included in this program. Human Resources and Finance will be responsible to keep track of any other employees or positions that are included in this program. 0 /h eArf-6 _& C5,0 P CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 5.5 SUBJECT: DIRECTOR BENEFITS PROGRAM PURPOSE: To provide fair and equitable benefits for the Department Directors of the City. The City acknowledges that the Directors work in excess of other positions within the City and hold the highest amount of accountability for the direction of the various Departments. The Directors are accountable to the Mayor, the City Council, and the citizens of Meridian. POLICY: The Department Directors of the City serve as appointees pursuant to Idaho Code. The expectation is that the Director will perform and meet the expectations of the Mayor and the City Council. This benefit plan was developed to insure that the City of Meridian can attract and retain the most qualified Director's. This plan provides cost effective and positive incentives to recognize the value and enhancement quality executive personnel can provide to the benefit of Meridian and its citizens. AUTHORITY & RESPONSIBILITY: Human Resources will be tasked to monitor and implement the requirements of this policy. Human Resources will further be responsible to keep the benefits provided under this policy current with the job market through it normal measures. PROCEDURES AND RELATED INFORMATION: The Department Directors shall receive the following benefits in addition to the other City benefits provided. In areas where the Directors benefit exceeds the regular employee's benefits, the Director shall receive the greater benefit. • No introductory period of employment; • Annual Leave accrual at 16 hours per month with a maximum accrual of 384 hours; • Ability to convert up to % of accrued vacation leave annually (maximum annual conversion amount is 100 hours) and direct it to a City deferred compensation plan (All IRS regulations must be adhered to); • Upon beeinnin off emplo ent the Director will receive a bank of 40 hours of sick leave and 16 hours of annual leave; • The City will pay for an additional $80,000 in life insurance coverage above and beyond the City provided coverage; • If necessary, the City will provide up to the 21 days of paid coverage to qualify for Short Term Disability program (STD). Directors own available leave must be applied first; • If necessary, the City will provide "make-up" pay between STD and Director's salary for up to 90 days or until Long Term Disability (LTD) becomes available. Directors own available leave must be applied first. • If necessary, the City will provide "make-up" pay between LTD and Director's salary for up to 90 days. Directors own available leave must be applied fust. 77 December 14, 2007 MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT ITEM NO. 5 -AA REQUEST Professional Services Contract with Sage Community Resources for Meridian Arts Commission Strategic Planning and Grant Writing Services AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See altaehed CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Emailed: ararr mma�s: Materials presented at public meetings shall become properly of the City of Meridian. Phone: City of Meridian Meridian Arts Commission Strategic Planning and Grant Writing Services PROFESSIONAL SERVICES CONTRACT This PROFESSIONAL SERVICES CONTRACT is entered into this eday of Wem6e-e- , 2007, by and between the City of Meridian, Idaho, whose address is 33 E. Idaho, Meridian, Idaho 83642, herein referred to as the "CITY" and Sage Community Resources dba IDA -ORE Planning and Development Association, whose address is 125 E. 50th Street Garden City, Idaho 83714, herein referred to as the "CONTRACTOR." Witnesseth: WHEREAS, the CITY has determined the need for services to provide facilitation and information related to strategic planning by and for the Meridian Arts Commission; WHEREAS, the CONTRACTOR is specially trained, experienced, and competent to provide, and has agreed to provide, such services; WHEREAS, the CITY desires to engage the CONTRACTOR to render certain services related to the above described Arts Commission; and WHEREAS, in order to assure effective management of the above project, it is deemed to be in the best interests of the CITY to enter into an agreement with the CONTRACTOR as hereinafter provided; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained the parties hereto do mutually agree as follows: 1. EMPLOYMENT OF CONTRACTOR and SCOPE OF WORK The CITY agrees to engage the CONTRACTOR to provide, and the CONTRACTOR agrees to provide, the services described in ATTACHMENT A — Scope of Work, which attachment is incorporated by reference as if set forth fully herein. CONTRACTOR shall provide services and work under this Contract consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. CONTRACTOR represents and warrants that she will perform her worts in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Contract and that are in effect at the time of performance of this Contract. 2. CONTRACTOR RELATIONSHIP In all matters pertaining to this Contract, CONTRACTOR shall be acting as an independent contractor. The contracting parties warrant by their signature that no employer-employee relationship is established between the CONTRACTOR and the CITY by the terms of this contract. 3. NOTICES Any and all notices required to be provided by either of the parties hereto, unless otherwise stated in this Contract, shall be in writing and be deemed communicated when mailed by United States Mail, certified, return receipt requested, addressed as follows: Sage Community Resources Page 1 of 5 0 0 City of Meridian Meridian Arts Commission Strategic Planning and Grant Writing Services City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Sage Community Resources 125 E. 50th Street Garden City, Idaho 83714 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 4. CONTRACTOR'S INSURANCE The CONTRACTOR warrants that it has obtained, and will maintain at its expense for the duration of this Contract, adequate statutory worker's compensation coverage, employer's liability and comprehensive general liability insurance. 5. EFFECTIVE DATE AND TIME OF PERFORMANCE The services to be performed by the CONTRACTOR will be completed by the deadlines set forth in ATTACHMENT A — Scope of Work. This contract begins immediately upon execution and shall remain in effect until project completion. The CONTRACTOR agrees that services and work provided under this Contract will be performed in a timely manner. The parties hereto acknowledge and agree that time is strictly of the essence with respect to this Contract, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Contract by the party so failing to perform. 6. PAYMENT CITY will pay CONTRACTOR for services rendered pursuant to this Contract in the total amount of $2,425.00, which payment shall be made pursuant to the following method: To receive payment for services rendered, the CONTRACTOR shall, on a monthly basis, mail to CITY an invoice itemizing services rendered during the previous month and stating the amount of payment requested for such services. 7. ENTIRE AGREEMENT This Contract contains the entire agreement between the parties, and this Contract supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. 8. MODIFICATION OF CONTRACT Sage Community Resources Page 2 of 5 i City of Meridian Meridian Arts Commission Strategic Planning and Grant Writing Services This Contact may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 9. ASSIGNMENT OF RIGHTS AND DUTIES The CONTRACTOR may not sub -contract, assign, transfer, hypothecate or sell its rights (including the right to compensation) or duties arising hereunder without the prior express written consent of the CITY. Any subcontractor or assignee shall be bound by all the terms and conditions of this contract. 10. TERMINATION OF CONTRACT In the event of any termination of this Contract, all finished or unfinished documents, data, and reports prepared by the CONTRACTOR under this Contract shall, at the option of CITY, become its property, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. This Contract may be terminated as follows: a. Termination for convenience The CITY may terminate this Contract in whole, or in part, for the convenience of the CITY when both parties agree that the continuation of the project is not in the best interest of both parties and that further expenditure of funds will not produce satisfactory results. The parties shall agree in writing upon the conditions, effective date and fair and reasonable payment for services reasonably performed to the date of termination. b. Termination for cause If the CITY determines that the CONTRACTOR has failed to comply with the terms and conditions of this contract, violated any of the covenants, agreements, and/or stipulations of this Contract, falsified any record or document required to be prepared under this Contract, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Contract, the CITY may terminate this contract in whole, or in part, at any time, by giving notice, in writing, to the CONTRACTOR of any or all deficiencies claimed. The notice will be sufficient for all purposes if it describes the default in general terms and provides a reasonable time to cure. If all defaults are not cured and corrected within the reasonable period as specified in the notice, the CITY may, with no further notice, declare this Contract to be terminated. The CONTRACTOR will thereafter be entitled to receive payment for those services reasonably performed to the date of termination, less the amount of reasonable damages suffered by the CITY by reason of the CONTRACTOR'S failure to comply with this Contract. Notwithstanding the above or any other provision of this Contract, CONTRACTOR shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of this Contract by CONTRACTOR, and CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due CITY from CONTRACTOR is determined. This provision shall survive the termination of this Contract and shall not relieve CONTRACTOR of her liability to CITY for damages. Sage Community Resources Page 3 of 5 C� City of Meridian Meridian Arts Commission Strategic Planning and Grant Writing Services 11. INDEMNIFICATION The CONTRACTOR waives any and all claims and recourse against the CITY including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to the CONTRACTOR'S performance of this contract except for liability arising out of the tortious conduct of the CITY or its officers, agents or employees. Further, the CONTRACTOR will indemnify, hold harmless, and defend the CITY against any and all claims, demands, damages, costs, expenses or liability arising out of the CONTRACTOR'S performance of this contract except for liability arising out of the tortious conduct of the CITY or its officers, agents or employees. 12. DISCRIMINATION PROHIBITED In performing services pursuant to this Contract, the CONTRACTOR 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. 13. CONSTRUCTION AND SEVERABILITY If any part of this Contract is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Contract so long as the remainder of the Contract is reasonably capable of completion. 14. APPROVAL REQUIRED This Contract shall not become effective or binding until approved by CITY. 44- IN WITNESS WHEREOF, the parties hereto have executed this contract on the IS day of 2007. SAGE COMMUNITY RESOURCES BY:4OW4-1(,�V�� Kathleen A. Simko, President Attest: 10/1 CITY OF MERIDIAN BY: Tammy de Wederd, Mayor Alslz,9vtg 4V 0/';5- Attest: i,15 Attest: Sage Community Resources Page 4 of 5 A O r 4e1 , �4 OVN tftltl 111111 -07 • City of Meridian Meridian Arts Commission Strategic Planning and Grant Writing Services ATTACHMENT A Scope of Work 1.. OBJECTIVE: Complete application on behalf of the Meridian Arts Commission for funds awarded under the Idaho Commission on the Arts Public Arts & Cultural Facilities Grant Program DEADLINE: Complete application to be submitted to the Idaho Commission on the Arts by February 15, 2008 SERVICES: Research and compile, or request that Arts Commission members provide, any and all data required by application and prepare any and all materials, written or otherwise, required for submission of complete grant application on behalf of CITY. 2. OBJECTIVE: Meridian Arts Commission strategic planning training and work sessions DEADLINE: Precise date(s) of training session and work sessions to be determined, but first training session no later than March 31, 2008 and work sessions no later than May 31, 2008 SERVICES: a. CONTRACTOR will provide one training session of up to 3 hours in duration for Meridian Arts Commission members, the subject of which training shall be "Introduction to Public Value Based Strategic Planning for Cultural Organizations The training session will include an introduction to strategic/long range planning elements, vocabulary, why strategic planning is important, and how the planning process can be an opportunity for community engagement and advocacy. b. CONTRACTOR will facilitate two work sessions of up to 6 hours each in duration for Meridian Arts Commission members to help them identify and prioritize 3-5 year goals, objectives and strategies. Sage Community Resources Page 5 of 5 December 14, 2007 MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT ITEM NO. S -BB REQUEST Professional Services Agreement with LCA Architects, P.A. for Police Facility Expansion Design Services for the not to exceed amount of $20,000 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. COMMENTS See attached yr ryvLll 0 0 Memo To: Tara Green From: Keith Watts, Purchasing Agent CC: Will Berg, Jeff Lavey Date: 12/14/07 Re: December 18 City Council Meeting Agenda Items DEC 14 2007 City of Meridian'City Clerk Office The Purchasing Department respectfully requests that the following item be placed on the December 18 City Council Consent agenda for Council's consideration. Professional Services Agreement with LCA Architects P.A. for "Police Facility Expansion Design Services". Recommended Council Action: Approval of Professional Services Agreement to LCA Architects P.A. for for the Design of Settler's Village Square for the Not - To -Exceed amount of $20,000.00, and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. �10 0 Page 1 rfal 9 LCA Architects Company: City of Meridian Attn: Keith Watts Address: 33 East Idaho Avenue N/A Meridian, Idaho 83642 From: Transmitted are the following: • TRANSMITTAL Date: December 17, 2007 Project #: Re: Police Expansion Agreement File Code: Copies Dated No. Description One Nov. 27, 2007 N/A Agreement for Professional Services Sent By: ■ Mail ❑ Fax Transmitted as Checked Below: ■ For Your Use OAS Requested ❑ Other: Comments: cc: Transmittal ❑Hand Carry ❑To Be Picked Up ❑ For Review and Comment ❑ Note Markings ❑ Fed Ex ❑ No Exceptions Noted ❑Retumed for Corrections DEC 17 2007 City Of Meridian City Clerk Office LCA Architects 1221 Shoreline Ln. Boise, ID 83702 ph: 208.345.6677 fx: 208.344.9002 9 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 27th day of November , 2007, 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 LCA Architects. P.A., hereinafter referred to as "CONSULTANT", whose business address is 1221 Shoreline Ln. Boise, ID 83702. INTRODUCTION Whereas, the City has a need for services involving Architectural Services; and 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 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 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 any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Consultant may copyright the same, except that, as to any work which is copyrighted by the Consultant, the City reserves a POLICE EXPANSION CONCEPT DESIGN — page 1 of 11 0 • royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, 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. Except for that representation and any representations made or contained in any proposal submitted by the Consultant and any reports or opinions prepared or issued as part of the work performed by the Consultant under this Agreement, Consultant makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the consultant at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Consultant shall be compensated on a Time & materials basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Consultant shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. 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. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. 2.3 Except as expressly provided in this Agreement, Consultant shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Consultant shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, POLICE EXPANSION CONCEPT DESIGN — page 2 of 11 0 0 retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon services, September 30, 2008 or 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 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Consultant has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Consultant in fulfillment of this Agreement. 5. Indemnification and Insurance: CONSULTANT shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONSULTANT, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY -or its employees. CONSULTANT shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the POLICE EXPANSION CONCEPT DESIGN — page 3 of 11 0 0 minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of 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, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Consultant or Consultant's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CON'SULTANT'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Consultant begins performance of its obligations under this Agreement. In the event the insurance minimums are changed, CONSULTANT shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 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, certified, return receipt requested., addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 LCA Architects, P.A. Attn: Russ Moorhead., AIA 1221 Shoreline Ln Bosie, ID 83702 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. POLICE EXPANSION CONCEPT DESIGN — page 4 of 11 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 contract 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, this 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. 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. 12.2 Consultant shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the POLICE EXPANSION CONCEPT DESIGN — page 5 of 11 CITY to audit, examine, and make excerpts or transcripts from 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. 44. 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 fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, 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, all finished or unfinished documents, data, and reports prepared by 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 POLICE EXPANSION CONCEPT DESIGN — page 6 of 11 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. 21. Approval Required.: This A r .r�.emt s II not become effective or binding until approved b City of M MkN, CITY OF MERIDIAN LCA ARCHIT o T BY: `���✓ TAMMY d EERD, MAYOR B �' 1Wh,7"e,V( Attest:G ��Jp,��7 °f "Is WILLIAM G. BERG, J , CI C,L POLICE EXPANSION CONCEPT DESIGN — page 7 of 11 0 Approved as to Conten BY: KEITH WATTS, PURCHASING AGENT Dated: % % Approved as to Form CITY ATTORNEY 0 Department Approval BY: U Flo, NAME: Jeff Lavey TITLE: Police Chief (Interim) Dated: /- e2- 6 6 POLICE EXPANSION CONCEPT DESIGN — page 8 Of 11 EXHIBIT A SCOPE OF SERVICES A. Police Facility Expansion Planning & Concept Design: Task 1. Program Verification and Departmental Interviews Conduct interviews to secure necessary space programming information relative to the specific area requirements for existing and proposed personnel and special facilities required, specifically, LCA will analyze and determine the space needs for the proposed departments that need expanded.. Task 2 Develop Functional Concepts Based on final approved programmatic data and input from the staff charette, LCA will prepare a conceptual plan and elevations for study and discussion. Building circulation paths will be determined and security barriers defined. These concepts will be reviewed and refined with the planning committee. Task 3 Refine Facilities Plan Schematic space plans will be refined and prepared for final approval be the building committee. Building elevation studies will be presented for discussion and refinement. Building materials will be reviewed and evaluated. Task 4 Determine Project Cost LCA will provide approximate construction and furnishings cost for the expansion of the facility. POLICE EXPANSION CONCEPT DESIGN — page 9 of 11 0 0 EXHIBIT B PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $20,000 excluding travel and reimbursable expenses. Fees will be billed for actual time worked per the rate schedule attached as "Exhibit C" below. Fees will be billed monthly for completed tasks only, per the following schedule of values. TASK DESCRIPTION AMOUNT 1 Program Verification and Departmental Interviews $5,000.00 2 Develop Functional Concepts $5,000.00 3 Refine Facilities Plan $5,000.00 4 Determine Project Cost $5,000.00 TOTAL $20,000.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. POLICE EXPANSION CONCEPT DESIGN — page 10 of 11 LCA Architects 9 0 EXHIBIT C NOTIFICATION OF ATTACHMENT TO THE PROFESSIONAL SERVICES AGREEMENT 2007 HOURLY BILLING RATES Principal $135 Associate Principal $120 Architect $105 Project Manager $85 Interior Designer $90 Job Captain $80 Intern/CADD $80 Word Processing $75 The rates for services of the Architects and the Architect's Consultants as set forth shall be adjusted with their normal salary review practices. LCI► Architects 1221 Shoreline Lane Boise, Idaho 83702880 (208) 345-6677 Fax (208) 344-9002 POLICE EXPANSION CONCEPT DESIGN - page 11 of 11 necember 14,2(), MERIDIAN CITY Co 007 APPLICANT CIL MEETING REQUEST pro fes December 18 ' 2007 Villpge S sl°nal Services quare design for the n°t or went with The ITEM NO 5. AGENCY Geed 4mount o $97 roup for Settler CC .8�n rin s CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT. CITY FIRE DEPT: �ITY BUILDING DEPT. ITY WATER DEPT: rY SEWER DEPT. Y PARKS DEPT. "DIAN SCHOOL DISTRICT. HI GHWAY DISTRICT. i E COMPANY LTH: IC DATION: Oma% �O � % % COMMENTS See "ached 111tIQIS: City of Meridian. los= N Wiletno To; Tara Green From Keith Watts, purchasing Agent CC: Will Berg, Elroy Huff Date.. 12114107 Agenda Items Re: December 18 City Council Meeting 9 artrnent respeCtlully requests that the following item be placed on the The Purchasing Dep unci) Consent Agenda for Council's consideration. December 18 City Co for "Settlefs Villa e uare reement with The Land Grou the purchasing Professional SeNioes A between the Purchasing, Parks and the is A reement is the result Of an RFP issued Y Design'. Th g negotiations Department and subsequent Land Group. Agreement council Action: Approval of Professional Servn��ng Services Recommended Co �chBeC{ural and Civil Eng for Landscape to The Land Group ettler's Village Square for the Not -TO -Exceed amount Of for the Design of S or to sign and lItY $97,800.00, and authorize the May I JON City j Met CityCleTV ®#face Thank you for your consideration. Page 1 .. a AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 14th day of December , 2007, 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 The Land Group, inc., hereinafter referred to as "CONSULTANT", whose business address is 462 East Shore Drive, Suite 100, Eagle, ID 83616. INTRODUCTION Whereas, the City has a need for services involving Architectural Design Services ; and 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 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the document titUed "Scope of Services" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 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 any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Consultant may copyright the same, except that, as to any work which is copyrighted by the Consultant, the City reserves a SETTLER'S VILLAGE SQUARE — page 1 of 17 royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, 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. Except for that representation and any representations made or contained in any proposal submitted by the Consultant and any reports or opinions prepared or issued as part of the work performed by the Consultant under this Agreement, Consultant makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the consultant at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Consultant shall be compensated on a Lump Sum basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Consultant shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. 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. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. 2.3 Except as expressly provided in this Agreement, Consultant shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement.., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Consultant shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, SETTLER'S VILLAGE SQUARE — page 2 of 17 retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon services, September 30, 2008 or 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 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Consultant has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Consultant in fulfillment of this Agreement. 5. Indemnification and Insurance: CONSULTANT shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONSULTANT, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONSULTANT shalt maintain, and specifically agrees that it will maintain, throughout the term of this SETTLER'S VILLAGE SQUARE — page 3 of 17 N so Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of 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, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by the Consultant or Consultant's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Consultant begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONSULTANT shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 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., certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 The Land Group, Inc. Attn: Dave Koga 462 East Shore Dr. Suite 100 Eagle, ID 83616 SETTLER'S VILLAGE SQUARE - page 4 of 17 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 contract 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, this 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. 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. 12.2 Consultant shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing., photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. SETTLER'S VILLAGE SQUARE - page 5 of 17 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the CITY to audit, examine, and make excerpts or transcripts from 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. 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 fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, 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, all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become its SETTLER'S VILLAGE SQUARE — page 6 of 17 A06KAM Aki 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. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. SETTLER'S VILLAGE SQUARE — page 7 of 17 Attachment A SCOPE OF SERVICES I. PROJECT DESCRIPTION •0 The project consists of Landscape Architectural and Civil Engineering Design Services and Construction Documents for the approximately 8.35 acre South East corner of the existing 58 acre Settlers Park. This corner is made up primarily of two separate areas on the east and west side of the existing water tank adjacent to the intersection of Ustick Rd. and Meridian Rd. Improvements on the west side of the water tank consist primarily of tennis and horseshoe facilities along with the completion of the parking lot adjacent to the Meridian Youth Baseball improvements. Improvements on the east side of the water tank consist primarily of a community gathering space and plaza with a community multi-purpose building. II. SCOPE OF SERVICES General 1. In developing the various phases of the project documents, The Land Group, Inc. shall use its best efforts to coordinate its services with other project design team consultants retained by the Client. Task 1.0: Project Coordination 1.1 Establish a work plan 'and project schedule. 1.2 Identify City project manager and key City staff. 1.3 Work with City staff to establish construction budget parameters. 1.4 Identify required approvals and permitting. 1.5 Attend regular coordination meetings with City staff. Task 2.0: Prourammino and Schematic Design 2.1 Review and revise approved Master Plan based on City staff requested programming changes. SETTLER'S VILLAGE SQUARE — page 9 of 17 00 2.2 Prepare an AutoCAD base plan for proposed 8.35 acre improvement area. 2.3 Prepare Schematic Plan for the 8.35 acre improvement area. The schematic plan shall include all park elements and facilities, tennis court layout, parking lots, walkways, building pad location and plaza space. 2.4 Prepare Preliminary Statement of Probable Construction Costs based on the schematic plan. 2.5 Present the schematic plan and cost estimate to City staff. Utilize these documents to formalize the phase 1 improvements. 2.6 Receive and address review comments from City staff. Task 3.0: Desian Development 3.1 Meet with City staff to determine specific program requirements for community building in order to site and size the building pad appropriately. 3.2 Based on the approved Schematic Plan, prepare Design Development Submittal for the site improvements. The design development plans shall illustrate the character, size and locations of the proposed elements including tennis facilities, horseshoe pits, parking lot design, pavement designs, sections, site furnishings, site utility design, site lighting, irrigation and landscape design concepts. 3.3 Prepare preliminary program and community building total square feet for sizing of building pad.. 3.4 Prepare design development package that includes preliminary construction details, materials, and/or product manufacturer's catalog cut sheets. The intent of this package is to develop/establish the design theme for the project. 3.5 Prepare updated Statement of Probable Construction Costs based on the design development plan and package. 3.6 Present the design development plan and package and cost estimate to City staff. 3.7 Receive and address review comments from City staff. Task 4.0: Construction Documents 4.1 Prepare Construction Documents (plans, specifications and bid documents) based on the approved Design Development plans and submittal package. S.ETTLEKS VILLAGE SQUARE — page 10 of 17 M 4.2 Construction Document Plans to include: a. Cover Sheet b. Site Layout Plan C. Site Materials Plan d. Grading, Storm Water Drainage and Utility Plans e. Storm Water Pollution Prevention Plan f. Irrigation Plan g. Planting Plan h. Electrical Plan i. Construction details for all proposed work 4.3 Prepare technical specifications for proposed work, including Bid Documents with quantities for a unit price construction contract and Division One front end documents. 4.4 Submit 75% construction drawing set including specifications to City staff for review. Address review comments. 4.5 Submit 100% construction drawing set and specifications to City staff for review. Address final review comments. 4.6 Submit Final construction drawings for City approval and associated utility agency approvals, including processing and obtaining a City Building Permit, Certificate of Zoning Compliance, Public Works and DEQ. Task 5.0: Biddina 5.1 The City shall advertise for bids. The contract documents shall be available for pick-up at The Land Group, Inc. office. 5.2 Attend pre-bid conference and provide any other required bidding consultation to the City. 5.3 Answer Contractor's questions during bidding and prepare clarifications and addenda as required. 5.4 Assist staff in appraising bid proposals. 5.5 The City shall prepare the Contractor's contract and acquire appropriate signatures. SETTLER'S VILLAGE SQUARE — page 11 of 17 N M Task 6.0: Construction Observation 6.1 Attend pre -construction conference. 6.2 Review and approve, or take appropriate action on, material and product submittals, substitutions and/or equal submittals and shop drawings. 6.3 Visit the project site weekly to become familiar with the progress and quality of construction and to determine, in general, if the construction is proceeding in accordance with The Land Group's design intent and conforming to the construction documents. On the basis of these observations, The Land Group shall keep the City informed of the progress of construction. The Land Group shall not be responsible for the safety of the construction site, construction means, methods, techniques, sequences or procedures and shall not be responsible for the Contractor's errors or omissions or failures to cant' out the work in accordance with the contract documents. 6.4 Render any interpretation or clarification necessary for the proper execution or progress of the work. 6.5 All communication with the Contractor and site visits shall be documented in written form and transmitted to City staff. 6.6 Provide site observation walk-through and prepare 'punch list' of items to be corrected and/or completed before project maintenance period can commence. 6.7 Provide final acceptance observation and issue Notice of Final Acceptance for City authorization. 6.8 The City shall be responsible for providing under this task: a. Full-time construction administration services. b. All compaction and material testing shall be provided by the City or an independent testing lab retained by the City. C. Compliance and administrative requirements related to labor laws, prevailing wages, etc. d. Verify the quantities and amounts owed to the Contractor based on the progress of work and the Contractors' Payment requests. The Land Group shall review the Payment Requests and transmit to the City for final authorization and payment. Task 7.0: Site topographic Survey 7.1 Provide spot grades at 50 -foot intervals across the entire site and as necessary SETTLER'S VILLAGE SQUARE — page 12 of 17 rT 4 to map the visible improvements and topographic features. Visible improvements shall include walls, visible surface indications of underground utilities utility paint marks, trees, walkways, asphalt limits, concrete limits, curb and gutter, irrigation structures, signage, etc. 7.2 Contact Digline for paint markings on known utilities. 7.3 Provide boundary survey based on field survey and current Warranty Deed. Warranty Deed shall be provided by the Owner. 7.4 Provide site, grade and utility information for the west side of Meridian Rd. and the north side of Ustick Rd. adjacent to the proposed improvement area. a. Site information shall include: front and back edge of concrete sidewalk, individual trees, and any other built elements. b. Grade information shall include: concrete sidewalk elevation, berm grades and any other hard surface grades. C. Utility information shall include: visible or paint marked locations of all dry and/or wet utilities. 7.5 Provide site information for the west and north boundary of the proposed improvement area including all visible site improvements, grading and utilities. 7.6 Prepare topographic map and record information of utilities from as -built drawings or utility paint marks. 7.7 All survey information shall extend beyond the improvement boundary a sufficient distance to include the information noted above. III. EXCLUSIONS TO SCOPE OF SERVICES The Client shall provide the following information or services as required for performance of the Scope of Services. The Land Group, Inc. assumes no responsibility for the accuracy of such information or services and shall not be liable for errors or omissions therein. Should The Land Group, Inc. be required to provide services in obtaining or coordination compilation of this information, such services shall be charged as Additional Services. 1. Geotechnical investigation and soils report and field observations. 2. Design revisions after approval to proceed with construction documents. If design revisions are requested, The Land Group, Inc. will perform the revision after receiving written authorization. 3. Discovery or removal procedures for hazardous waste, wells, underground tanks or archaeological artifacts. 4. Site retaining walls (higher than 3'). SETTLER'S VILLAGE SQUARE — page 13 of 17 .6 a 5. Full-time construction observations services, testing and construction staking. 6. Water rights review or application. 7. Construction Management Services 8. Architectural design and Structural design. 9. Tree Survey/Arborist Report. 10. The preparation of construction documents for civil improvements within the right of way of Ustick Rd. or Meridian Rd. specifically; curb & gutter, storm drainage system and street widening. 12. Permit, plan checking, inspection and other agencies fees, including Utility services/connection and application fees. IV. FEE PROPOSAL Task 1.0: Project Coordination $4,535.00 Task 2.0: Programming and Schematic Design $9,470.00 Task 3.0: Design Development $21,175.00 Task 4.0: Construction Documents $35,880.00 Task 5.0: Bidding $4,735.00 (phase 1 only) Task 6.0: Construction Observation $14,205.00 (phase 1 onlvl) Total Project Fees: Task 7.0: Site Topographic Survey Task 8.0: Reimbursable Expenses only) V. COMPENSATION TERMS $90,000.00 $6,800.00 $1,000.00 (Not to Exceed: phase 1 Compensation for additional services is not included under this proposal and shall be on a time and expense basis in accordance with the following: PRINCIPAL LANDSCAPE ARCHITECT $105.00 per hour PLANNER $95.00 per hour PROJECT MANAGER / LANDSCAPE ARCHITECT $85.00 per hour LANDSCAPE ARCHITECT IN TRAINING $75.00 per hour SETTLER'S VILLAGE SQUARE — page 14 of 17 L I PRODUCTION MANAGER/CAD DRAFTING PROFESSIONAL CIVIL ENGINEER PROFESSIONAL LAND SURVEYOR PROJECT MANAGER/CIVIL ENGINEER I SURVEY: 2 MAN CREW WITH GPS GRAPHICS DESIGNER CLERICAL 00 $65.00 per hour $105.00 per hour $95.00 per hour $85.00 per hour $165.00 per hour $85.00 per hour $40.00 per hour Fees for Professional Services shall be billed monthly for progress payment based upon percentage of work completed. Reimbursable Costs shall be billed with fee invoices. SETTLER'S VILLAGE SQUARE — page 15 of 17 .. a VI. ADDITIONAL SERVICES When specifically requested., work not described above shall be performed as additional services. This work may include, but is not limited to: 1. Making revisions in drawings, specifications or other documents, or preparing change order documents, when such revisions are due to causes beyond the control of our firm. 2. Design revisions after securing Owner approvals to proceed. If design revisions are requested, The Land Group will perform the additional services after receiving written authorization. 3. Providing additional site observations. 4. Providing any other services not specifically included in this proposal. VII. ADDITIONAL CONTRACT INFORMATION Standard of Care/Construction Changes The Land Group, Inc. will follow the professional standards of care expected of a landscape architect and civil engineer licensed and practicing in the State of Idaho. The owner acknowledges that in the performance of services, as defined in this agreement, the landscape architect, civil engineer and his consultants are expected to meet the standard of care as defined by the State of Idaho. The owner acknowledges that this standard of care does not imply or represent that the contract documents produced by the landscape architect, civil engineer and his consultants will be 100% free from inconsistencies, conflicts, or discrepancies and does not guarantee that 100% of the elements of the project are included. The owner understands that since the landscape architect, civil engineer and his consultants can not produce 100% accurate documents, that construction changes will occur and the changes may cost above the original contract price between the owner and the Contractor. These changes are in addition to any changes required due to unseen or hidden conditions, changes in the codes or regulations and any owner directed changes. The owner will establish a construction contingency to fund construction changes. All costs or credits associated with construction changes will be handled by a modification to the original contract between the owner and the Contractor. SETTLER'S VILLAGE SQUARE — page 16 of 17 Attachment B PAYMENT SCHEDULE ti A. Total and complete compensation for this Agreement shall not exceed $97,800 excluding travel expenses. Fees will be billed monthly per the following schedule of values based upon percentage of work completed. Reimbursable Costs shall be billed with fee invoices. TASK DESCRIPTION AMOUNT 1.0 Project Coordination $4,535.00 2.0 Programming & Schematic Design $9,470.00 3.0 Design Development $21,175.00 4.0 Construction Documents $4,735.00 5.0 Bidding $14,205.00 6.0 Construction Observation $14,205.00 7.0 Site Topographic Survey $6,800.00 8.0 Reimbursable Expenses (Not -To -Exceed City Policies) $1,000.00 TOTAL $97,800.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. SETTLER'S VILLAGE SQUARE — page 17 of 17 December 14, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT City Council Member Keith Bird ITEM NO. 6-A-1 REQUEST Update on Pine Street School Relocation Project AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: U" 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 shoo become properly of the City of Meridian. Meridian City Council September 11, 2007 Page 6 of 50 a 7i] 1. Follow Up on Meridian School District Request to Share Costs to Move Pine Street School House from September 4, 2007: De Weerd: Thank you, Mr. Borton. Item seven under Department Reports. I will tum this over to Mr. Bird on Item 7-A. Bird: Madam Mayor. Thank you. Council. We did get a quote on the demolition of that old building and the abatement and it came in at 10,300 dollars from Ideal and license or anything like that, we would have to supply, which maybe we could talk the people into donating or something, you know. Ourselves. On the other, I met with a contractor and he said get it demo'd and he would -- he feels that we can get a lot of the stuff donated, but he also thinks that we can save quite a bit of money. So, if the Council would like, I would -- I would recommend that we move forward with something not to exceed 55,000 dollars. And I don't think you will even come close to it and the -- De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Just to clarify. Is -- is that the portion that we would expend or is that something we would share with the school district in spending that? Bird: That's the -- they are -- they are sharing the moving of the building and the property. Zaremba: So, our cost would be the -- Bird: Not to exceed. Not to exceed. Zaremba: Thank you. De Weerd: Any other questions? Borton: Madam Mayor. De Weerd: Yes, Mr. Borton. Borton: Unless there are other questions, Madam Mayor, I would move that we approve the expenditure for the Pine Street relocation, consistent with Councilman Bird's comments in an amount not to exceed 55,000 dollars. • Meridian City Council September 11, 2007 Page 7 of 50 Zaremba: Second. De Weerd: I have a motion and a second. Discussion. If once we firm up some of the numbers, if we could bring that back. Bird: Oh. No. We -- you got to see what you have got for utilities and now you are going to lay it on there first to get a good number and got some little donation stuff and - De Weerd: Well, I will just remember how we did this in case something I bring back without firm numbers ever is questioned. So, Mr. Berg. Bird: I've let you get by with not firm numbers. De Weerd: Mr. Berg, will you, please, call roll. Berg: Thank you, Madam Mayor. I want to take note of my liaison, so when I bring something through him that he will feel forgiveness from me. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. B. Public Works Department: 1. Paramount Subdivision No. 14 Final Plat Modification: De Weerd: Item 7-13 was removed from the agenda. C. Legal Department 1. SWAC Recommendation for Storey Park Bleachers with Meridian Athletic Roundtable: De Weerd: So, 7-C, I'll tum this over, I believe, to Mr. Baird. Baird: Thank you, Madam Mayor. I was just conferring with Councilmember Rountree, who is a member of the Solid Waste Advisory Committee, and he has some details about this matter that — my understanding it was originally discussed sometime ago and they are looking for a recommendation from the City Council tonight, so that some funds can be expended after October 1st. I believe the city's share was 20,000 dollars and with that -- September 7, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING September 11, 2007 f CA APPLICANT City Council ITEM NO. -A-1 REQUEST Follow Up on Meridian School District Request to Share Costs to Move Pine Street School House from September 4, 2007 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See Previous Item Packet / Minutes OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. Meridian City Council September 4, 2007 Page 5 of 44 De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda we have been — it has been asked by the Council and Mayor to move Items 0, P and Q, to A - 0, P and Q. And with that the rest of the Consent Agenda I move we approve 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 as changed. If there is no discussion, Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Mayor's Office: 1. Follow Up on Meridian School District Request to Share Costs to Move Pine Street School House from August 14, 2007: De Weerd: Thank you. Item 6 under Department Reports. My office, I have the first item, which I will pass this piece of discussion over to Councilman Bird. Bird: This is the moving of the Meridian Pine School over to a house over there by — in front of the elementary school that needs to be demo'd and stuff. I don't have a lot more information than what I had last week. We couldn't — I couldn't get one of my contractors to get there, he went out of town, and we — our demolition guy Keith has been in touch with, but we will have something back the 11th with a not to exceed and, basically, what they are asking the city to do is to tear down the old structure, put new foundation in, they will — they will move the old the — the Pine School over there and, then, we will set it up. So, we will have something the 11th, not to exceed figure for you. De Weerd: Okay. Bird: And they need it — we need to get on it as soon as possible if we can. 2. City Hall Building Update on Value Engineering Options: w December 14, 2007 M Department Reports MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT Public Works Department ITEM NO. REQUEST Approve Partial Reimbursement Payment of 80 percent of the value of substanitally completed sewer improvements for the 27 and 30 inch Black Cat Sewer Trunk Lines Due to Change of Conditions Delaying Completion of Projects AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the CHV of Medd lan. FORM 00500 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR Taken From 2007 ISPWC For the CITY OF MERIDIAN BLACK CAT TRUNK SEWER PHASE 4, SCHEDULES B & C ADA COUNTY, IDAHO CITY OF MERIDIAN BLACK CAT TRUNK SEWER PHASE 4, SCHEDULES B & C ADA COUNTY, IDAHO STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is by and between the City of Meridian (hereinafter called OWNER) and Knife River (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project consists of construction of approximately 2,493 lineal feet of 27 -inch PVC gravity sewer, 1,946 lineal feet of 10 -inch PVC gravity sewer, 165 lineal feet of 8 -inch gravity sewer, asphalt, sod and other surface repair, manholes, dewatering, lift station abandonment, traffic control, storm water management, trenching, and other related and miscellaneous work. It is the intent of these documents to describe the work required to complete this project in sufficient detail to secure comparable bids. All parts or work not specifically mentioned which are necessary in order to provide a complete installation shall be included in the bid and shall conform to all Local, State and Federal requirements. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Black Cat Trunk Sewer, Phase 4, Schedules B & C ARTICLE 3 - ENGINEER 3.01 The Design Engineer is J -U -B ENGINEERS, Inc., 250 S. Beechwood Avenue, Suite 201, Boise, Idaho 83709. The Construction Project Engineer is the City of Meridian, 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 the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TEVIES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 00500-1 4.02 Days and Dates to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed as listed below: 1. Bid Schedule B i The work will be substantially completed within 120 days after the date when the contract times commence to run as provided in paragraph 2.03 of the General Conditions and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 140 days after the date when the contract times commence to run. 4.03 Liquidated Damages ® ;I OE$ A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $500 for each day that expires after the time specified in paragraph 4.02 for Substantial Completion of each milestone date listed until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $500 for each day that expires after the time specified in paragraph 4.02 for completion of each milestone date listed and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 5.01.A. A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.02 Progress Payments; Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on or about the 25th day of each month for work through the last day of the preceding month during performance of the Work as provided in paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on. the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 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 may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions: a. 95% of Work completed (with the balance being retainage); and b. No payment for cost of materials and equipment not incorporated in the Work. 00500-2 2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Work completed, less such amounts as ENGINEER shall determine in accordance with Article 14 of the General Conditions and less 100% of ENGINEER's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. If, at Substantial Completion, the character and progress of the work has been satisfactory, the OWNER may, at the OWNER's sole discretion, reduce the amount of retainage being held. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 7% per annum ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 00500-3 I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and famishing of the Work. K. The CONTRACTOR is an appropriately licensed public works contractor per Section 54-1902 (Idaho Code). L. The CONTRACTOR will submit within 30 days of the date of this agreement a Public Works Contract Report (Form WH -5) to the Idaho State Tax Commission in compliance with Section 54-1904A and 63-3624(f), Idaho Code. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to , inclusive); 2. Performance Bond (pages to , inclusive); 3. Payment Bond (pages 4. Other Bonds (pages _ a. b. C. 5. Certificates of Insurance _ to , inclusive); to , inclusive); (pages to , inclusive); (pages to , inclusive); (pages to , inclusive); 6. General Conditions, Division 100 of the 2007 Idaho Standards for Public Works Construction (ISPWC). 7. Project Manual. 8. Owner's Supplementary Conditions, Form 00810. 9. Standard Specifications and Standard Drawings — 2007 Idaho Standards for Public Works Construction (ISPWC). 10. Owner's Revisions to the Standard Specifications and Special Provisions (pages 1 to , inclusive). 11. Ada County Highway District latest Supplemental Specifications to ISPWC. 12. TTD R.O.W. Encroachment Permit 13. Plans consisting of a cover sheet and sheets numbered 1 through , inclusive with each sheet bearing the following general titles. City of Meridian Black Cat Trunk Sewer, Phase 4, Schedules B & C Ada County, Idaho 14. Addenda (numbers to , inclusive); 00500-4 15. Exhibits to this Agreement (enumerated as follows): a. CONTRACTOR's Bid (pages to , inclusive); Form 00300 b. Contractor's Affidavit Concerning Taxes, Form 00710 c. Notice of Award, Form 00450 d. Notice to Proceed, Form 00720 e. Documentation submitted by the Contractor prior to Notice of Award 16. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments b. Work Change Directives c. Change Order(s) d. Application for Payment e. Certificate of Substantial Completion B. The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.05 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 00500-5 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. i This Agreement will be effective o :, (which is the Effective Date of the Agreement). OWNER: / CONTRACTOR: f� CITY OF MERIDIANFE /C 1 I�E� By: BY — Tammy k ayor J [CORjo TE S L Attest _/!��,r.GL--. ✓- .)0 ` William G. Berg, Approved by City Council: / f yok I Address for giving notices: 33 East Idaho Ave Meridian, ID 83642 (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of OWNER -CONTRACTOR Agreement.) Designated Representative: Name: Title: Address: Phone: Facsimile: [CORPORATE S Attest Address for giving notices: 156&14 -AAA- I' aL License No. (Where applicable) Agent for service of process: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: Name: JE SSEE K0,0601-1 Title: t�i�oige.T MANAGE9 f E5T/MAT01� Address:, 545® KJ- GOWEf1 Jeb Phone: Da- G.# 15 Q Facsimile (Q®O) 51tog - 50 q S 00500-6 Bid Form PROJECT IDENTIFICATION: City of Meridian Black Cat Trunk Sewer, Phase 4, Schedule B Ada County, Idaho CONTRACT IDENTIFICATION AND NUMBER: THIS BID IS SUBMITTED TO: DELIVER TO: MAIL TO: City of Meridian same , City Hall, City Clerk's Office 33 East Idaho Avenue Meridian, Idaho 83642 (208)888-4433 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged. Addendum No. Addendum Date Signature or Initial Il g p 1 119 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work D. Bidder has carefi lly studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required.by e Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. 00300-1 F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): BASE BID SCHEDULES CITY OF MERIDIAN BID SCHEDULE - BLACK CAT SEWER - PHASE 4, SCHEDULE B SPEC. PAYMENT ITEM DESCRIPTION EST. REFERENCE ------------------------------------------------------------------ (Unit Price/Lump Sum Price written in words) QUANTITY UNIT UNIT PRICE TOTAL PRICE 307.4.1.A.3 Miscellaneous Surface Restoration (Sod) 851 LF FOS(' ----------------------- ------------------------------=- q 3.QO (6Mo3.a0 307.4.1.A.9 Miscella ecus Surface Restoration (Stormwater Retention Pond)----- ------ ------------ 193 LF R------- r---------- 3.ao g,33-1.to0 307.4.1.F.5 Type "P4 Surface Restoration --- -- ----------- - --� ------------------------------- 329 307.4.1.F.7 Restoration Type " - " Surface --- ------------------------------- ------------------------- 381 LF as •�!0 8, 5�•�n - d A01 I WS 307.4.1.F.9 Type_P 3_ rface Restoration - - - --------------------------------- 640 LF �►3•ao a�,��g.oa 307.4.1.L.1 Grass Pav s --------------------- --- ------------------------------- lom 100 SY (aa.to0 ("arpo.o0 501.4.1.B.1 Gravity wer Pipe 27" PVC 2493 LF ------i -------- ------- q - ----- s ------------------ 8 3 �o a� iia• 501.4.1.6.1 Gra ' Se r Pipe - 8" PVC 100 LF -- --------_-v---------- -----�---��--------------------- 35.9® 3,540.00 502.4.1.A.1 Sanitary Se er Manhole - 48: Type "A" 1 EA --------- - ---- --- - ----------------- - ---- ----5-- �,�Ioa•o0 �,yo0.dc� 502.4.1.A.1 Sanitary Sewer Manhole - 60" Type "B" 1F%,j S0.arlC� 8 LF ------------------------- ------------------ - -_-- - - inns )370.0 a,q(�o.o 502.4.1.A.1 �g�� Sanitary Sewer Manhole:hundy--- '_Type_B_-- T�)Q�------ 6 LF ------ - -- - - - 502.4.1.C.1 Sanitary Sewer Manhole - 60" Type "B" lactic Lined) tc�h ----- --------------------------------------- ------- 1 EA a.l a c�---- 9�►0. , 0p 94 � y D viJ 502.4.1.F.1 Connect to Existing Manhole i EA - ►-------- --- - }--- 5\1C ------ ------------------ ---- eA� 69(en •00 (g Rb .OU 502.4.1.G.1 Connect to Existing_ ewer Stub ��� 01 1 EA - l�O S jj'Q .00 4aw)'m J 00300-2 504.4.1.E.I Maintain £t Reconnect Sewer Service --------------- 4 EA EST. REFERENCE ---------------------------------------------------------------- (Unit Price/Lump Sum Price written in words) QUANTITY UNIT 507.4.1.E.1 Remove --- - - E-x--is-t-i-ng- 8--" Sewer -- ------------------------------------- 266 LF a .q o t1•��a� 507.4.1. H.1 Remove Obstruction - Manhole 2 EA 1441 LF 601.4.1.8.1 Storm Drain Culvert Crossing J ------------------------------------- ---- ------ ----- ------ EA 1,ioo•oo '1,�oo.dv C' o S 307.4.1.F.11 Type "P-4 urface Restoration - ---------------- -------- -------- -------------- i X (70 438 LF 706.4.1.B.1 Concrete Valley Gutter ------ :_--------------- ---- -- ---- ------------------------- 15 LF r o 706.4.1.E.1 Type 1 Sidewalk Repair20 405.4.1.A.1 LF 1 EA 706.4.1.E.3 Type 2 SidewalR Repair - ------------ --------------- 60 LF fl--------- 501.4.1.B.1 Gravity Sewer Pipe 10" PVC- - --------------------------------------- --- - 1946 LF 706.4.1.E.5 Type 3 Sidewalk Repair --- - -- ------------------------ ----------------------------- 171 LF ly.'t0 x,513="1v r ca 501.4.1.B.1 Gravity Sewe Pipe_ 8_ PVC 65 LF 1103.4.1.A.1 Construction Traffic Control -Qu -_ --------- .................... 1 LS '�lIW6a.%iJ �� VCNc*ltoos 502.4.1.A.1 Sanitary Sew4r Manhole - 48" Type "A" �-� - ----------- -------- -------------- 3 lJV•1.7U 2010.4.1.A.1 MabilizationLS F-J11:.��1. � 1 CwNd e0 10 5 12)C-700-00 0�'0190.O� �Q� 502.4.1.C.1 Sanitary Sewer Manhole - 60" Type _B_ Plastic Lined) -------------- ----------------- 1 EA 2020.4.1.F.1 Reference Et Reset Monuments ------------------ ------------- --- --- ------------------------ - 1 EA ' °a sow' co 1V I S 502.4.1.D.1 Drop Manhole - 60" Type "B" 1 EA SP 2101.4.1.A.1 Construction Coordination ----------------- -------------------- ------------------------- 1 LS Slo=Oo SIO-oo 5,5o®'oa 515O040 SP 2105.4.1.A.1 Se a Bypass Control Systems -------------- -------------------------------- ----- ------ 1 LS Brit 8`11.00 6- 00 -00 SP 2142.4.1.A.1 Remb4e ft Relocate Tree j- -- 3 EA Vf, hu SP 2142.4.1.6.1 Remove £t Replace Tree - 11 ---- --- ---- -- 2 EA !p�T�.� 0 SP 2216.4.1.A.1 Storm Water Management -���-- -- pU ----------------------- - -------------- 1 LS 6,50-1O.00 �l O ,Sad=DD SP 2220.4.1.A.1 -- Hardin Drain Crossing 13 —t - 5 EA CITY OF MERIDIAN BID SCHEDULE - BLACK CAT SEWER - PHASE 4, SCHEDULE C SPEC. PAYMENT ITEM DESCRIPTION EST. REFERENCE ---------------------------------------------------------------- (Unit Price/Lump Sum Price written in words) QUANTITY UNIT UNIT PRICE TOTAL PRICE 307.4.1.A.3 Miscellaneous Surface Restoration (Sod) ------------------ -- ---- -------- --- --46166i; -- 50 LF 'i5•`io �,a7(�.Oo 307.4.1.F.5 Typed -1 urface Restoration� 1441 LF 1) ------------------- 307.4.1.F.11 Type "P-4 urface Restoration - ---------------- -------- -------- -------------- i X (70 438 LF L •ov �,l0�$•O0 307.4.1.F.13 "Asphalt Approach" Repair10 _------- --- --- SY 405.4.1.A.1 Non-Pota le Waterline Crossing Q��,® - -- -- ------ry)L-VAa�lreA -----:,r 1 EA 1)13b.O0I,l3o.dp ooS 501.4.1.B.1 Gravity Sewer Pipe 10" PVC- - --------------------------------------- --- - 1946 LF 0.50 '13,185• 50 00� 501.4.1.B.1 Gravity Sewe Pipe_ 8_ PVC 65 LF 502.4.1.A.1 Sanitary Sew4r Manhole - 48" Type "A" �-� - ----------- -------- -------------- 3 EA &1'270 CwNd e0 10 5 0�'0190.O� -Do 502.4.1.C.1 Sanitary Sewer Manhole - 60" Type _B_ Plastic Lined) -------------- ----------------- 1 EA 8,5`Io,i�O 816,1 ,06 �QLA U Set/ ego S 502.4.1.D.1 Drop Manhole - 60" Type "B" 1 EA ------------------------- ------------- ---- ------ ---- �v ou ve o� ---- s 5,5o®'oa 515O040 00300-3 502.4.1.F.1 Connect to Existing Manhole 1 EA �O 507.4.1.H.1 Remove Obstruction - Manhole 1 EA --�v --------- ----------------------- -- � ------------- SIXAu-SIX no 5W .00 5> .0® 601.4.1.B.1 Storm Drain Culvert Crossing I -------------------------------------------------------------- 1 EA s 706.4.1.E.1 Typ 1 Sid walk R air -- _ ---------------=----- ------ 20 LF 706.4.1.E.3 Type 2 Side lk Repair --------�-------------- ------------------------------- ----------------- 20 LF ya: 10 Maw 1103.4.1.A.1 Constructhn Traffic Contro - ---------------, 1 LS t)yq0 oaO j, $yQ t in r- ,QQE 2010.4.1.A.1 Mobi nation rDyr- �---- 1 LS ------ ----------------- 1r ®®J ' I�JDO.G'Ya 1t+,aoo SP 2102.4.1.A.1 Construction Coordination 1 LS 1pxve- 1500-00 500 - L-0 SP 2105.4.1.A.1 Sewage Bypass Control Syst_ems,��+------------ -- _ - - f]O 10as --------- a 1 LS 11-00 0O SP 2155.4.1.A.1 Lift Station Abandonment - -- 1 LS 7,ag�.� �,aao•oo CLMck a0s SP 2216.4.1.A.1 Storm Water Management - e, - 1 LS 1,54so-o0 1,580.00LAVkA y------d'm-�o--- SP 2220.4.1.A.1 tHard—inDrain Crossinlr�A ---- ---- ---- --ll:----------- 2 EA-----y� a,55o,00 3,100.00 J TOTAL OF ALL ESTIMATED PRICES — BID SCHEDULE B & C ($fir, TOTAL WRITTEN IN WORDS — BID SCHEDULE B & . _ 6 1 _ A -- - -1 ._ - -.. Unit Prices have been computed in accordance with paragraph 11.03.B of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. 6.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment in accordance with paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 6.03 Bidder agrees to comply with Idaho Code 44-1001 through 44-1006, regarding employment of Idaho residents. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security. B. Bidder shall include in his Bid the name, addresses, and Idaho Public Works Contractor License Numbers of the Subcontractors who shall, in the event the Bidder secures the Contract, subcontract the plumbing, heating and air conditioning work, and electrical work under the general Contract. If none are required, mark none on form C. In addition to subcontractors for plumbing, heating and air conditioning work, and electrical work, provide the names and addresses of the additional subcontractors, suppliers, individuals or entities called for in the Instructions to Bidders (include Idaho Public Works Contractor License Numbers for any subcontractors). if none are required, mark none. 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. 00300-4 SUBMITTED on �®yrMSEf 2y, 2007. Idaho Public Works Contractor License No. 15 56 cl-,AAA Expiration Date JANUARY 314 4,002 00300-5 If Bidder is: An Individual Name (typed or printed): By: Doing business as: Business address: Phone No.: 11 (Individual's signature) FAX No.: 00300-6 (SEAL) t• A PartnershiD Partnership Name: 0 (SEAL) (Signature of general partner — attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: FAX No.: 00300-7 (' A Corporation Corporation Name: ��1P O f1YI.O12 �r &1S C C.Jba IFE i� (SEAL) By. (� (aagnawre — artacn evzaence of autnonry to sign) Name (typed or printed): ISA E /DIMER Title: l'FESI DENS' (CORPORATE SEAL) Attest of Corporate Secretary) Business address: �% rJ[� '�. GOyJE;Aj 96. R �15� . 0D 83`10 Phone No.: C 0 8) 3(D 0 -1a 15C*P FAX No.: 6200 b a - 5De/ - State of Incorporation: i0R ECti ®!`/ Type (General Business, Professional, Service, Limited Liability): 6EAJC9-AL Date of Qualification to do business is JANUA,2y 'el, 3 s 00300-8 CERTIFICATE 1, KARL A. LIEPITZ, hereby certify that I am the duly elected and qualified Assistant Secretary of Hap Taylor & Sons, Inc., an Oregon corporation; that the following is a true and correct copy of a resolution adopted by Written Consent of the Board of Directors dated July 17, 2407; and that said resolution has not been modified or amended and is presently in full force and effect: RESOLVED, effective July 2, 2007, all of the officers of the Company, both newly elected and incumbent, are as follows: Terry D. Hiidestad Chairman of the Board William E. Schneider Chief Executive officer Todd M. Taylor Region President Hap Taylor President Rodney Gage Vice President - Administration and Assistant Secretary. David K. Johnson President — Spokane Division Dave Turner President — Southern Idaho Division David A. Midtlyng Vice President Operations — Spokane Division Nancy K. Christenson Treasurer and Chief Financial Officer Paul K. Sandness General Counsel and Secretary Karl A. Liepitz Assistant Secretary I further certify that the following is a true and correct copy of Section 5.13 of the Bylaws of Hap Taylor & Sons, Inc., an Oregon corporation, which sets forth the powers of the officers to execute documents; and that said Bylaw Section is presently in full force and effect: 5.13 Execution of Instruments. All deeds, bonds, mortgages, notes, contracts and other instruments shall be executed on behalf of the Corporation by the Chairman of the Board, Chief Executive Officer, the President, or any Vice President or Assistant Vice President or such other officer or agent of the Corporation as shall be duly authorized, by the Board of Directors. Any officer or agent executing any such documents on behalf of the Corporation may do so (except as otherwise required by applicable law) either under or without the seal of the Corporation and either individually or with an attestation, according to the requirements of the form of the instrument_ If an attestation is required, the document shall be attested by the Secretary or an Assistant Secretary or by the Treasurer or an Assistant Treasurer or any other officer or agent authorized by the Board of Directors. When authorized by the Board of Directors, the signature of any officer or agent of the Corporation may be a facsimile. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of this Company on October 17, 2007. &SIN 9e6. / 1, (CoT6rate'SdQ 1 ;{� •�_ '' - -,o ,tom a s°eonmca%- . 2 l A. LUEEEPUZ, As ' Secretary CITY OF MERIDIAN BLACK CAT TRUNK SEWER. PRASE 4, SCHEDULES B & CFORM 00310 PENAL ADA COUNTY, MAHO L SUM FORM BidDTi;R fName and Addr�al; BOISE IDAHO 83709 RMB' TY (Name and Address of Princlol Place of Business!; TY MUTUAL INSURANCE COMPANY 2854 HWY 5 RTE 250 -EAGAN MN 5 1 1 OVVNFR !Name and Addressl: Meridian ID R�t42 BED Blp DUE DATE: As listed in the Advertisennent for Bids. PROJECT (Brief Description including Location): The Project consists of construction of approximately 2,493 lineal feet of 27 -inch PVC gravity sewer, 1.946 lineal feet of 10-inc:h PVC gravity sewer, 165 Iineal feet of 8 -inch FVC gravity sewer, asphalt, sod and other surface repair. manholes, dewatering, lift station abandonment, trafl'nc control, storm wager mmnagement, trenching, And other related and miscellaneous work. It is the intent of these documents to describe the work required to complete this project in sufficient detail to secure comparable bids. All ports or work not specifically mentioned which are necessary in order to provide a complete installation shall be included in the bid and shall confoam to all Local, State and Federal requirements, BOND BOND NUMBER NIA DATE (Not latex than Bid due date): NOVEMBER 20 2007 PENIAL SUM: N T Tr) Fxr ;=FD FIVE PFR FNT (7F AM(ll INT RI[)* '"* (Words) (Figults) IN WrrNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby. subject to the terms on the reverse side hereof. do each cause this Bid Bond to be duly executed on its behalf by its authorized of icerp i representative, Dent, r Mrd* SURETY KNIFE RIVER {Seal) LIBERTY MUTUAL INSURANCE COM 1*la Bidder's me and Corporate Seal PANY Surety's Name and Crate Seal (Sea!}'' Signature and Title ' y. I fete S1 lattice and 7j'{ a MARGIE JOHNSON, ATTORNEY-IN-FACT (Attrach Po v AtW y) Attest ansnott E,e Attes Signature and "tIe Sign and Ts e NICOLE J. WEDMORE, S ETY ACCOUNT MANAGER Note: (1) Above addresses are to be used for giving required notinc. (2) Any singular reference to Bidder, Surety, OWNER or other party shall be considered plural where applicable, 7 9� E THIS P91 Ej� OFATTORNEY 119 NOT VALID UNLESS:!T')o 00�ftb 69A 0 0A0!i;G ND.,' pq d' 1, Powerin'the:min'riaran A0-:,, oarri lqqr�l -'aq,t06y*04v , y Il!" the acts: cf, authority the t mpa 0 oo� u lt to 41110 or -y 4TY."46T &A -LINSURANCE CatVIPAN[Y S BO MASSk6HU!§&TS KN, qW,ALL,PtAs0ks ay HESE RStR T,hat-fjb@ii_,*,M _a! -Gp jthe p _), La,n :a,assa M atobk in uralC& be 6ft ir set fj6rfIt` 'ereb '.,-n4m ;Uant by a rl of the y� 4 nzaWn drop PJ -06es b y ns-�_ !--appP TP tim A66 j0H_,N P -OF ALLOPT-HetirY $T "P, each l'hdlvidi4IyJ&'There bjo�' im a" -4 "to"o behalf 49'.surety "an4-il , at Vid'. -ft. zh­ffie�pe�qsiirft .4ead 'PAS WOW0oara,N.00fir L rAr Aftlk.0 LLI T A J-0 j 6. SSG r1c 'presentng q� or i4 er.talk]` r C -p,. the Eornpariy as a .664�� _0 I* *40F 1? . . . . . . . . . . . the r - y#* nP h 4��an" 0 apower t 5 qfety:,adn ds exec t ;Ari off}eer W7h;.. nm TIM ,a#gjm- ys, :;aig[iature �, t 'Puliua A '0 0 k 01 suoli ahtczorrets V_an 0 4th"' 0_3* Fri iia Gflp'r s I f6 the? tor -0 ani Pff ew AsstsI, the underslraed, row,Cotnpariy;.ti6 Hereby eery thai the y�n9u►I p¢xer p€ attorney of whicli'tl7e #otagaing is ithe Xf Cei. ia.uftd the aia, true and. correct rr copy, ln-AWJ� cat% said power lotant.-O, Ntla p 5fliOdli- *e�,dwf a th attorney, as Iif Se ri e.B�-ja*s. a Mu a qt�` , of 46 y ;"tu_j_,'+Ins6 0ornpany G, sign by facsimile an h, �attqffiqy:j� y § ' I ' +Wle -or' mechienicoly. �o oq power o a ed reproduced planatUresgn by ty. of 6 tb' It fo Owdrig yqtp,lqf,, the board oUdIrectOrs of Liberty-MUtual Ins4rtince 0 m at o pany_ cal.0d and field An the'.121K day, Of .ailch 198 VOTED,,'that the mechanically facsimik "oi- me reproduced signature 6f any assistant ry Of the company, PIP secrete, p � X, WNrpOer appeArIng upon a certified•copy pfan f the cqrT)p4ny An c9nnecuori. with surety b6n�s,' -v@110 and OindIiig Uporij any,power o zj�qrft, . . _. I : , . I I shall be. the company .,Withd effect as thO manually affixed: the+.same force an IN TESTIMONY WHEREOF,, I have hereunto subscribed my rame and affixed 'the corporate seal of the said company, this -GTH 'day of - . R R NQVP" 2007 By Dav[6 M. Carey, ss' t Secretary t a Form 00430 Naming of Subcontractors Form Per Idaho Code, 67-2310, Bidder -shall include in his or her Bid the name, or names and address, or addresses, and Idaho Public Works Contractor License Numbers of the Subcontractors who shall, in the event the Bidder secures the Contract, subcontract the plumbing, heating and air-conditioning work, and electrical work under the Failure to name Subcontractors as required shall render any Bid submitted b the Bidder unresponsivegeneral Contract. work is to be done by the Contractor, contractor shall If none are required to complete the WorApprox. %Total ark "None.- If the Subcntractor Name and Address Classification License No, Contract Amount ThE Es`1' INC Plumbing Lcgq?)-hhk- 1% I LA -1-1 . >✓sl L7 E�1T (tS`100) OZZ20, 10 Z31c)) 0-1ZOO)ISLIM 115boo 101-700102-1810) �OISE. lD $3i 13 OZ5oo 11551 Q)115ci5o) Lac -rz G El c ,cA - 4 aa'S 1 Rv I N� ��sE ID 31010 00430-1 • Memo To: Will Berg; Tara Green From: Kyle Radek, Staff Engineer CC: File, Len Grady RECEIVEIV C�t� �fedia� " der 91 ce Date: 12/7/07 Re: Proposed Agenda Item for December 18, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the December 18 City Council agenda under Public Works Department Reports, for Council's consideration: Public Works Staff is recommending that City Council approves a partial reimbursement payment of 80% of the value of substantially completed sewer improvements for the 27 and 30 inch Black Cat Sewer trunk lines due to a change of conditions delaying completion of the projects. This recommendation deviates from the original agreements which only provided for lump sum payments upon completion of the projects. The partial reimbursements would be approximately $430,000. 0 Page 1 a December 14, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT Finance Department ITEM NO. 6-C-1 REQUEST Multiple Change Orders for the New City Hall Building AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 2 PROJECT NO. DATE: 12-14-2007 EFFECTIVE DATE: 11-6-07 CONTRACTOR: TMC, INC. PROJECT: CITY HALL MASONRY & STONE The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: Angles per ASI #23. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. for change order: Epoxy set angles per ASI #23 missed in original design. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $1,584,760.00 Original Contract Times: Net changes form previous Change Orders Net changes form previous Change Orders No. to No._ to _ (calendar days) Contract Price Prior to this Change Order. Contract Times prior to this Change Order. (calendar days) $1,552,412.00 Net Increase (decrease) of this Change Order. Net Increase (decrease) of this Change Order. (calendar days) $324.00 NONE Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: e (calendar days) $1,552,736.00 RECO;RS7�� APPROVED: (CITY SING AG By. By: Keith Watts Date: Date: ACCEPTED: (Co or) COUNCIL APPROVAL n ```�,�t r,lalnurttttttti By: Date:d 1�l 7J Date: APPROVED: ATTEST: S' By: Mayor T mmy a WeehBer1-J / By: City Clerk, Wilr.-JA Date: Date: `%�j�d d � SAL 7 //��!/Irlt H1111111���` CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 2 PROJECT NO. DATE: 12-14-07 EFFECTIVE DATE: 11-19-07 CONTRACTOR: ARCHITECTURAL BUILDING SUPPLY, INC. PROJECT: DOORS, FRAMES -S HARDWARE The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans." Desciptlon: AddWonal Cad Readers per options taken in Security Bid Package. Reason for change order: Additional Secwfty. . chernents: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 277,230.000 • Off" CoMrad TMes: Not changes form previous Change Orders Not changes form previous Change Orders No._ to _ '� No._ to _ (calendar days) $7,952.00 Contract Price Prior to this Change Order: Corhtract Times prior tD Oft Change Order. (calendar days) $285,182.00 Net Increase (decrease) of this Charge order: Not Increase (decrease) of this Change Order: (calendar days) $5,420.00 NIA Contract Price with all Approved Change orders: Contrad Times with all Approved Charge orders:, (calendar days) $290,602.00 h>/ RECOMMEND APPRO : ( ZWE" Bim: i a`o 12-- / - 6_? ACCEPTED: (Cantakdor) bwn By: �e_ i -a Date:12-18—y. 7 APPROVED: Lou)ATTEST: Zyqwz`T9E;de72 Ole By. B)r Will Bang Jr. Date: CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 1 PROJECT NO. DATE:. 12-1407 EFFECTIVE DATE: 1Cl 22-07 CONTRACTOR: IDAHO CUSTOM WOOD PRODUCTS ' PROJECT: MERIDIAN CITY HALL MILLWORK & CABINETS The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: Melkatiemfo upper cabinets as noted In ASI #33 Ast's-now of Reason for Change Order: Cost savings. Attachements: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 464,000.00 Original Contract Times: Net changes form previous Change Orders Net changes form previous Change Orders No._ to _ No._ to _ (calendar days) Contract Price Prior to this Change Order. Contract Times prior to this Change Order. J (calendar days) $464,000.00 Net Increase (decrease) of this Change Order. Net Increase (decrease) of this Change Order. (calendar days) -$5,479.66 N/A Contract Price with all Approved Change Orders: ContractTimes with all Approved Change Orders: (calendar days) $458,520.34 RECOMMENDED- nstru n Ma r) APPRO : ( P��GE� By: By: K Watts Date: z 2. D Date: y ACCEPTED: (Contra By.� Dat®: Date: APPROVED: ATTEST: By: Mayo rTamm�rd By: Cl Clerk, Will Berg Jr.� Date: / 7 7 Date: / —,r Y—P 7 02/07/2008..THU ll..:30..--.FAX 208 323 4507 Petra Inc. M CITY OF UErdDIAN 33 EAST IDAHO MERIDIAN, ID 83642 FEB 0 5 2M 7Q� g"GE &IPTNO. 2 PROJECT NO. DATE.- 1214-07 EFFECTIVE DATE. -10-22-07 CONTRACT CHANGE ORDER CONTRACTOR- SIDEWALKS, LLC. PROJECT- CONCRETE The Contractor Is hereby directed to make the floftowing changes from the Contract Documents and Plans. DeWpUon: Addigon of Radius Curb per RFI #00043. Reason for Change Order: Safety Attacliements: CHANGE IN,CONTRACT PRICE- CHANGE IN COMWET Twit. OrWW Coftact Price $ 655,595.35 OrkihalContmotTirm: Not Chang" form previous Change Orders Net Changes form prevbA Change Orders No.—tD_ $137,108.00 No -_to_ Wwwardap) Contract Price Prior 10 Vft Change Order COI*aCt Three prior to Oft aWW Older $792,703.35 {ca6e�ar days) Not increase (decrease) of this Change Order. Not Increase (decrease) dthb Change Order $4,371.00 ✓ N/A Con#80 Price v4M all Approved Change Orders Contract Thnee wfth an Approved Change Orders: (Waider days) $797,074.35 RECOMMENDED, ............... BY• Date: By: K Watts Date: ACC= A"Wr Y. fG Doft APPRovF-6- (cn-y)-,-.- JATTEST: Br. Mayor Tammy de =W By: gr kK.W--iM/U—B Jr, 9 Date: At::.z 0 Date: Q002/003 02/07/2008 THU 11:31 FAX 208 323 4507 Petra Inc. C CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHAN(;E ORDER NO. r :3 PROdE No. DATE: 1214-07 EFFECTIVE DATE: • 10-22-07 CONTRACTOR: SIDEWALKS, LLC. PROJECT: CONCRETE The Commctor is hereby directed to make dhe following changes from the Contract Docummats and Plans. Descip9m Bch too locks. Dlsmmft & Haul barrel Vueses off sibs. Temporary safety mKing & aoos. Shoring. Ream for Change Order: Safety Attschements: - CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Prim $ 655,595.35 Origins[ Contract Tirana: Net chars form previous Change Orders Net changes form previous Change Orders No._to— $141,479.00 No _ to _ (paWider days) Conbnd Price Prior to this Change Omer: Contract Times pry to bits (mange Order: $7$7,074.35 �) Net Increase (decr`esse) of Uris Change Order. Net lrrcxease (decrease) ofMs Change Order $231550.00 ✓ (catenaarys) WA COfMvd Price vAM 88 Approved Change Orders: ConlraO Times wM all Approved Change Orders: $820,624.35 ^ PR GENT) Date: ,tzfa�l� Dom: : G Dom: F.BVr ;;:arj5�j&r.�/�� tlayor Tammy de W By. t:5y Cleric, WAi Date �i ., , �..► O Date: '0—a-7 Q 003/003 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 1 PROJECT NO. DATE: 12-14-07 EFFECTIVE DATE: 10-22-07 CONTRACTOR: SUNCREST CORPORATION dba B&B STEEL ERECTORS PROJECT: HANADRAILS & MISC. METALS The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: Installation of Safety Guard Rail per RFI #00043. Reason for Change Order: Safety Attachements: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 73,265.00 t� Original Contract Times: Net changes form previous Change Orders Net changes form previous Change Orders No._ m _ No._ to _ (calendar days) $0.00 Contract Price Prior to this Change Order. Contract Times prior to this Change Order. $73,265.00 (calendar days) Net Increase (decrease) of this Change Order. Net Increase (decrease) of this Change Order. $267.75 (calendar days) N/A Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: j ✓ (calendar days) $73,532.75 RECOMMENDE nstwction M r) APPRRY\TD PU HA NG AGENT) V By: Date: �2�� �� By: Keith Watts Date: I z— 14f —o 7 ACCEPTED: (Contractor) ---7 AtfFE'ST: A/ '-C d � 'A/� JGt�. y. bate: Date: APPROVED A/014 If TTEST:, -9L By: Mayor Tammy de Weerd By: City Clerk, Will Berg Jr. Date: 2 —19 --al Date: /2 —/19iO -!r 0 DF MERIDIAN AST IDAHO ILAN, ID 83642 CHANGE ORDER CHANGE ORDER NO. I PROJECT NO. DATE: 12-14-07 EFFECTIVE 10-25-07 I 7NTRACTOR: ARCHITECTURAL BUILDING SUPPLY, INC. OJECT- DOORS, FRAMES & HARDWARE Contractor Is hereby directed to make the following dm*w from the Contract Documents and Plans. Desclptlow Additional Card Readers per ASFs #218 26. Reason for Chancre Mdw. Additional Security. Attachernents: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT 71MES: OrkJkW Contract Price $ 277,230.00 Original Contract Times: Not dmges form previous Change Orders Not doges farm previous Change Orders No.— 10 $0.00 No.—tD Contract Price Prior to Oft Change Order Contract Times prior to this Change Order: $277,230.00 V (calwWw days) Not Increase (decrease) of this Change Order Not Increase (decrease) of this CharW Order: $7,952.00 (cabndar days) N/A Contract Price with off Approved Change Orders: Cordract Tines with all Approved change Ordersi $285,182.00 (caWWadays) RECOMMEND 0 AGENT)By:WBy.Watts Date. Date: ACCEPTED: (Contractor) ATTESr 67 e1h, By- sa� of. GRY �Date: Date: APPROVED: (CITY) BY. ATTES�// mmy de Wesifd ,Dale: I8_j97 By. City Clerk, Will Berg Jr. Date: 14 -7 -Ir -07 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 1 PROJECT NO. DATE: 12-14-07 EFFECTIVE DATE: 10-30-07 CONTRACTOR: RULE STEEL PROJECT: STEEL AND STEEL ERECTION The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: Additional structural requirements per ASI's #7,8.18,19,23. Reason for change Order: Redesign by Architects Attachements: Architect's Supplemental Instructions #7, 8, 18, 19 & 23. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $1,874,000.00 Original Contract Times: Net changes form previous Change Orders Not changes form previous Change Orders No._ to _ No._ to _ (calendar days) $0.00 Contract Price Prior to this Change Order Contract Times prior to this Change Order. (calendar days) $1,847,000.00 Net Increase (decrease) of this Change Order. Net Increase (dpadl%e) of this Change Order. $35,766.00 '� (carr days) W- j�-��{ � k71� 067UMlYA Contract Price with all Approved Change Orders:, Contract Times with all Approved Change Orders: (calendar days) $1,882,766.00 RECOMMENDC!k�ctlon Manage APPROVED:(CrrY P Vx By: i Date: /2/2 D By. Ke efts t,f Date: ACCEPTEZ(Cor)Date:if c� � Date: I2- —!8—O 7 COO& APP OVED: (CI By. Mayor Tammy ATTEST: �1141-r� de Wee By. City Clerk, Will Berg Jr. Date: 1v Date:0 — f,# 'Q 7 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 1 PROJECT NO. DATE: 12-14-07 EFFECTIVE DATE: 10-25-07 CONTRACTOR: HOBSON FABRICATION CORP. PROJECT: HVAC The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: Additional smoke dampers per ASI -29 & RFI #38. Reason for Change Order: Required by Code. Attachements: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 2,060,000.00 ✓ Original Contract Times: Net changes farm previous Change Orders Net changes form previous Change Orders No._ to _ No._ to _ +Icalendar days) $0.00 Contract Price Prior to this Change Order. Contract Times prior to this Change Order. r� (calendar days) $2,060,000.00 Net Increase (decrease) of this Change Order. Net Increase (decrease) of this Change Order. (calendar days) $1,335.00 N/A Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $2,061,335.00 '� RECOMMENDED: nstruction Man ) 4 APPZW (CI UR�RJ �M) By. By: atts Date: j2 2 fes/ Date: 1 2► — ! % —0'7 ACCEPTED: ( ntractor) f ' I -r By. Date: , Date: APPROVED: (CITY) - � By: Mayor Tammy de ATTEST: By: Ci01erk, Will Berg Jr. (/ eerd Date: l Z, i/6 —O Date: /;?- -/ 'q �O • Memo To: Tara Green From: Keith Watts, Purchasing Agent CC: Will Berg Date: 12/14/07 Re: December 18 City Council Department Report RECEIVE v" DEC 14 2007 'Oil Cit ehetifce The Purchasing Department respectfully requests that the following item be placed on the December 18 City Council Agenda under Department Report. Multiple Change Orders for New City Hall Buildinq as listed below.. Recommended Council Action: Approve the following Change Orders, and authorize the Mayor to sign and City Clerk to attest. ICWP Change Order#1 <$5,479.66> Sidewalks, LLC. Change Order #2 $4,371.00 Sidewalks, LLC Change Order #3 $23,550.00 Suncrest Co. Change Order #1 $267.75 ABS Change Order #1 $7,952.00 ABS Change Order #2 $5,420.00 0 Page 1 Deletion of cabinets per ASI #33 Addition of Radius Curb per RFI #00043. Addition of Site Safety Issues. Labor to attach Safety Rail. Additional hardware per ASI #'s 21 & 26. Additional hardware for card readers per options taken on Security Bid. Hobson Fabrication Corp. $1,335.00 Rule Steel Change Order #1 $35,766 TMC, Inc. Change Order #2 $324.00 American Wall Cover Change Order #1 $7,665.30 Thank you for your consideration. 0 Page 2 is Additional Smoke Dampers per ASI #29. Redesign by Architects per ASI #7, 8, 18, 19, 23 Angles missed in original design. Architects Supplemental Instructions ri i �J RECEIVED DEC 18 2007 CDmitt. CONTRACTORS 'ltd 0f M 6 Meridian City Hall Change Order Synopsis Change Order 00001 to Idaho Custom Wood Products (A) ($5,479.66) o Delete upper cabinets as noted on ASI #33 (Credit) Change Order 00002 to Sidewalks, LLC (B) $4,371.00 o At lobby 204 East wall near Grid Line G, between Grid Lines 6 & 7, at the radius guardrail. A new radius has been added to provide a means to effectively attach the guardrail and provide a termination point for the access floor system. Change Order 00003 to Sidewalks, LLC (C) $23,550.00 o Safety Requirement: Build toe kicks around plenum openings in floor deck on all levels. Invoice No. 07-10140 and supported by Gen Supt. Daily Force work reports. o Dismantle and haul the barrel trusses from the construction zone, haul to yard behind Public Safety Building and store for future use by the City. Per invoice 07-10139 and supported by Gen Supt's daily force work reports. o Safety Requirements: Covering diamond blackouts in basement floor, building temporary safety rail around elevator pits, plenum block-outs on first floor and basement, build temporary wood access steps where required and pump water from elevator pits per invoice 07-11003 and supported by Gen Supt's daily force work reports. o Provide shoring at basement, first and second floor (labor only). Work required but not detailed by the contract documents. Need and size of shoring detailed by Structural Engineer of Record after shop drawing review. Per invoice 07-11084 o Placing concrete in trench over primary electrical conduits between transformers and building at direction of CM and Electrical Engineer to protect conduit from heavy construction traffic. Pumped south elevator pit of standing water from October rains. Per invoice 07-11084 and supported by Gen Supt's daily force work reports. Change Order 00001 to Suncrest Corp dba. B&B Steel (D) $267.75 o At Lobby 204, East wall near Grid Line G, between Grid Lines 6 & 7, at the radius guardrail, a new radius curb has been added to provide a means to effectively attach the guardrail and provide a termination point for the access floor system. Provide a Change Order Request to provide • • all labor, materials, tools, equipment and supervision to affect this change in scope of work in accordance with RFI 00043, Sheet RFI 43 SK -1 and C5/S7.1 details as attached. Change Order 00001 to Architectural Building Supply (E) $7,952.00 o ASI-21/COR 1 — Add card readers to specific doors per Owner's Request o ASI-26/COR 2 — Additional card readers on select doors per Owner's request. Change Order 00001 to Architectural Building Supply (F) $5,420.00 o ASI 38 added card readers to specific doors that were part of the optional pricing in the Security Package Re -Bid for Phase III. The optional pricing was accepted by the City which results in the additional costs to the door and hardware package and the electrical scopes of work. This CO is for the door and hardware modifications to make the card readers as requested by the City functional. Change Order 00001 to Hobson Fabricating Corp. (G) $1,335.00 o Per ASI -29 Sheet M1.11: Provide (2) smoke dampers at VAV # 134 per RFI # 38. Change Order 00001 to Rule Steel (H) $35,766.00 o ASI #7- Lower floor in main entry to council chamber to accommodate grout set tile. Add additional clips and bent angle to support floor deck and accommodate closer for two different concrete deck elevations. o ASI # 8: Revise column and moment frame details per updated design. This includes addition of compound (Double -T) columns. o ASI # 18: Add amber to 64 roof beams not shown on bid documents, as required by the Structural Engineer. o ASI # 19: Revise and clarify canopy sections per SK -1 thru SK -7. Includes addition of tube steel. o ASI # 23: Provide fabricated angle with epoxy anchors for steel lintel at the stair tower headers. Provide columns a and channels for the framing of Stair # 4 to the mechanical penthouse.. Revise floor framing at Gridline 5.5 from D to E and Grindline 7.5 from D to E. Change Order 00002 to TMC Masonry Inc. (1) $324.00 o Epoxy set angles supplied by others per ASI 23 for steel missed in the original design, but necessary to access the mechanical penthouse. Change Order 00001 to American Wallcover (,1) $7,665.30 o RFI 43 - New curb at 2nd Floor guardrail requires additional steel stud framing and drywall, per response to COR 2. o Per ASI 32 Change Ceiling Tile ACP 1 to Dune 2712 Tegular Second Look 2x4, change ACP 2 to Cortega 2758 Tegular Second Look 2x4, per response to COR 4. o Per AS13 6 Elevator Equipment Room Changes at room 001 & 017 to upgrade rooms to a 2 -hr fating per code review, per response to COR 3. Total of Above Change Orders $ 81,171.39 CHANGE ORDER EPIR No. 00001 323-4500 A BOISE, IDAHO RCE -1875 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI33 PROJECT: Meridian City Hall TO: Attn: Ken Shockey Idaho Custom Wood Products 11376 W. President Drive Boise, Idaho 83713 Phone: 208-322-2610 Fax: 208 375-2945 DATE: 10/22/2007 JOB: 060675 CONTRACT NO: i07 RE: To: From: Number: DESCRIPTION OF CHANGE Tax Tax Net Item Description Quantity Units Unit Price Rate Amount Amount 00002 Delete upper cabinets as noted on ASI 33 as determined by City of Meridian. 1.000 LS ($5,479.66) 0.00% $0.00 ($5,479.66) Unit Cost: ($5,479.66) Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: ($5,479.66) The Original Contract Sum was ................ ............ .. ................................................................... $464,000.00 Net Change by Previously Authorized Requests and Changes ................................................ $0.00 The Contract Sum Prior to This Change Order was ...................................................... $464,000.00 The Contract Sum Will be Decreased................................................................................... ($5,479.66) The New Contract Sum Including This Change Order ...................................................... $458,520.34 The Contract Time Will Not Be Changed................................................................................. The Date of Substantial Completion as of this Change Order Therefore is .............................. ACCEPTED: Idaho Custom Wood Products City of Meridian BY: By: By: Ken Shockey Date: F-Miti- 0 Date: Keith Watts Date: CHANGE ORDER E� No. 00002 323-4500 B BOISE, IDAHO RCE -1875 tr GEM4ERAIL CONTRACTORS 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: RFI 00043 - COR DATE: 11/26/2007 PRO3ECT: Meridian City Hall 308: 060675 TO: Attn: Ben Bardot CONTRACT NO: 4 Sidewalks, LLC 1735 S. Millenium Way Meridian, ID 83642 Phone: 955-9000 Fax: 955-9050 RE: To: From: Number: DESCRIPTION OF CHANGE Tax Tax Net Item Description Quantity Units Unit Price Rate Amount Amount 00001 At lobby 204, East wall near Grind Line g, between Grid Lines 6 & 7, at the 1.000 LS $4,371.00 0.00% $0.00 $4,371.00 radius guardrail, a new radius curb has been added to provide a means to effectively attach the guardrail and provide a termination point for the access floor system. Unit Cost: $4,371.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $4,371.00 The Original Contract Sum was................................................................................................. $655,595.35 Net Change by Previously Authorized Requests and Changes ................................................ $0.00 The Contract Sum Prior to This Change Order was ...................................................... $655,595.35 The Contract Sum Will be Increased................................................................................... $4,371.00 The New Contract Sum Including This Change Order ...................................................... $659,966.35 The Contract Time Will Not Be Changed................................................................................. The Date of Substantial Completion as of this Change Order Therefore is .............................. ACCEPTED: Sidewalks, LLC City of Meridian By: By: By: Ben Bardot Keith Watts Date: 10/22/2007 Date: Date: F.xneditinn CHANGE ORDER "LTR No. 00003 115 323 BOISE RCE -1875 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: November Additional Work PROJECT: Meridian City Hall TO: Attn: Ben Bardot Sidewalks, LLC 1735 S. Millenium Way Meridian, ID 83642 Phone: 955-9000 Fax: 955-9050 RE: To: DESCRIPTION OF CHANGE DATE: 11/27/2007 JOB: 060675 CONTRACT NO: From: Number: 4 Additional work outside of contract due to safety requirements, site restrictions and engineering directives as noted by line item descriptions. Item Description 00001 Safety Requirement: Build toe kicks around plenum openings in floor deck on all levels. Invoice No. 07-10140 and supported by Gen Supt. Daily Force work reports. 00002 Dismantle and haul the barrel trusses from the construction zone, haul to yard behind Public Safety Building and store for future use by the City. Per invoice 07-10139 and supported by Gen Supt's daily force work reports. 00003 Safety Requirements: Covering diamond blockouts in basement floor, building temporary safety rail around elevator pits, plenum block-outs on first floor and basement, build temporary wood access steps where required and pump water from elevator pits per invoice 07-11003 and supported by Gen Supt's daily force work reports. 00004 Provide shoring at basement, first and second floor (labor only). Work required but not detailed by the contract documents. Need and size of shoring detailed by Structural Engineer of Record after shop drawing review. Per invoice 07-11084 Tax Tax Net Quantity Units Unit Price Rate Amount Amount 1.000 LS $500.00 0.00% $0.00 $500.00 1.000 LS $6,700.00 0.00% $0.00 $6,700.00 1.000 LS $3,950.00 0.00% $0.00 $3,950.00 1.000 LS $5,500.00 0.00% $0.00 $5,500.00 Unit Cost: $23,550.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $23,550.00 The Original Contract Sum was................................................................................................. $655,595.35 Net Change by Previously Authorized Requests and Changes ................................................ $140,220.57 The Contract Sum Prior to This Change Order was ...................................................... $795,815.92 TheContract Sum Will be Increased................................................................................... $23,550.00 The New Contract Sum Including This Change Order ...................................................... $819,365.92 The Contract Time Will Not Be Changed................................................................................. The Date of Substantial Completion as of this Change Order Therefore is .............................. ACCEPTED: Sidewalks, LLC City of Meridian By: By: By: Ben Bardot Date: Ewediti m Date: Keith Watts Date: CHANGE ORDER No. 00003 323-4500 BOISE, IDAHO RCE -1875 ,Y 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: November Additional Work DATE: 11/27/2007 PROJECT: Meridian City Hall JOB: 060675 TO: Attn: Ben Bardot CONTRACT NO: 4 Sidewalks, LLC 1735 S. Millenium Way Meridian, ID 83642 Phone: 955-9000 Fax: 955-9050 RE: To: From: Number: DESCRIPTION OF CHANGE Tax Tax Net Item Description Quantity Units Unit Price Rate Amount Amount 00005 Placing concrete in trench over primary electrical conduits between transformers 1.000 LS $6,900.00 0.00% $0.00 $6,900.00 and building at direction of CM and Electrical Engineer to protect conduit from heavy construction traffic. Pumped south elevator pit of standing water from October rains. Per invoice 07-11084 and supported by Gen Supt's daily force work reports. Unit Cost: $23,550.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $23,550.00 The Original Contract Sum was................................................................................................. $655,595.35 Net Change by Previously Authorized Requests and Changes ................................................ $140,220.57 The Contract Sum Prior to This Change Order was ...................................................... $795,815.92 The Contract Sum Will be Increased................................................................................... $23,550.00 The New Contract Sum Including This Change Order ...................................................... $819,365.92 The Contract Time Will Not Be Changed................................................................................. The Date of Substantial Completion as of this Change Order Therefore is .............................. ACCEPTED: Sidewalks, LLC City of Meridian By: By: By: Ben Bardot Date: Expedition Date: Keith Watts Date: RDER JICETRI'� I' 00 I=IIII323-4500 BOISE, IDAHOIIh�I 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: RFI 00043 - COR PROJECT: Meridian City Hall TO: Attn: Todd Bloom Suncrest Corp DBA B&B Steel Erectors P.O. Box 5735 Boise, ID 83705 Phone: 208-342-0695 Fax: 208-343-4157 RE: PCO To: B&B DESCRIPTION OF CHANGE From: PETRA DATE: 10/22/2007 JOB: 060675 CONTRACT NO: 17 Number: 00001 At Lobby 204, East wall near Grid Line G, between Grid Lines 6 & 7, at the radius guardrail, a new radius curb has been added to provide a means to effectively attach the guardrail and provide a termination point for the access floor system. Provide a Change Order Request to provide all labor, materials, tools, equipment and supervision to affect this change in scope of work in accordance with RFI 00043, Sheet RFI 43 SK -1 and C5/S7.1 details as attached. Unit Cost: $0.00 Unit Tax: $0.00 Lump Sum: $267.75 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $267.75 The Original Contract Sum was................................................................................................. $73,265.00 Net Change by Previously Authorized Requests and Changes ................................................ $0.00 The Contract Sum Prior to This Change Order was ...................................................... $73,265.00 The Contract Sum Will be Increased................................................................................... $267.75 The New Contract Sum Including This Change Order ...................................................... $73,532.75 The Contract Time Will Not Be Changed................................................................................. The Date of Substantial Completion as of this Change Order Therefore is .............................. ACCEPTED: Suncrest Corp DBA B&B Steel Erectors City of Meridian By: By: By: Todd Bloom Date: Date: Expedition Keith Watts Date: CHANGE ORDER j; ETRj No. 0000 1 323-4500 BOISE, IDAHO 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI 21&26- Card Reader Additions PROJECT: Meridian City Hall TO: Attn: Stewart Jensen Architectural Building Supply 960 E. Franklin Rd. Meridian, ID 83642 Phone: 208-884-8917 Fax: 208-884-5641 RE: PCO To: ABS DESCRIPTION OF CHANGE DATE: 10/25/2007 JOB: 060675 CONTRACT NO: From: CITYMER Number: 00001 Please provide detailed change in cost information to address each of the seven items listed on ASI 26 including all necessary support hardware to allow these doors to be complete and operational in accordance with the revised specification and the intent of the contract hardware schedule. These changes are in addition to ASI 21. If you have any questions, please contact me at your earliest convenience Unit Cost: $7,952.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $7,952.00 The Original Contract Sum was................................................................................................. $277,230.00 Net Change by Previously Authorized Requests and Changes ................................................ $0.00 The Contract Sum Prior to This Change Order was ...................................................... $277,230.00 TheContract Sum Will be Increased................................................................................... $7,952.00 The New Contract Sum Including This Change Order ...................................................... $285,182.00 The Contract Time Will Not Be Changed................................................................................. The Date of Substantial Completion as of this Change Order Therefore is .............................. ACCEPTED: Architectural Building Supply City of Meridian By: By: By: Stewart Jensen Date: Expedition Date: Keith Watts Date: Tax Tax Net Item Description Quantity Units Unit Price Rate Amount Amount 00001 ASI-21/COR 1 N Add card readers to specific doors per Owner's Request 1.000 LS $5,925.00 0.00% $0.00 $5,925.00 00002 ASI-26/COR 2 — Additional card readers on select doors per Owner's request. 1.000 LS $2,027.00 0.00% $0.00 $2,027.00 Unit Cost: $7,952.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $7,952.00 The Original Contract Sum was................................................................................................. $277,230.00 Net Change by Previously Authorized Requests and Changes ................................................ $0.00 The Contract Sum Prior to This Change Order was ...................................................... $277,230.00 TheContract Sum Will be Increased................................................................................... $7,952.00 The New Contract Sum Including This Change Order ...................................................... $285,182.00 The Contract Time Will Not Be Changed................................................................................. The Date of Substantial Completion as of this Change Order Therefore is .............................. ACCEPTED: Architectural Building Supply City of Meridian By: By: By: Stewart Jensen Date: Expedition Date: Keith Watts Date: CHANGE ORDER ���� No. 00002 0am &M 323-4500 F BOISE, IDAHO RCE -1875 gym GENERAL C RS 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI 38 Additional Card Readers PROJECT: Meridian City Hall TO: Attn: Stewart Jensen Architectural Building Supply 960 E. Franklin Rd. Meridian, ID 83642 Phone: 208-884-8917 Fax: 208-884-5641 RE: PCO To: ABS DESCRIPTION OF CHANGE DATE: 11/9/2007 JOB: 060675 CONTRACT NO: 1_07111 * 1100:90 22 Number: 00002 ASI 38 added card readers to specific doors that were part of the optional pricing in the Security Package Re -Bid for Phase III. The optional pricing was accepted by the City which results in the additional costs to the door and hardware package and the electrical scopes of work. This CO is for the door and hardware modifications to make the card readers as requested by the City functional. Unit Cost: $0.00 Unit Tax: $0.00 Lump Sum: $5,420.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $5,420.00 The Original Contract Sum was................................................................................................. $277,230.00 Net Change by Previously Authorized Requests and Changes ................................................ $7,952.00 The Contract Sum Prior to This Change Order was ...................................................... $285,182.00 The Contract Sum Will be Increased................................................................................... $5,420.00 The New Contract Sum Including This Change Order ...................................................... $290,602.00 The Contract Time Will Not Be Changed................................................................................. The Date of Substantial Completion as of this Change Order Therefore is .............................. ACCEPTED: Architectural Building Supply City of Meridian By: By: By: Stewart Jensen Keith Watts Date: 11/9/2007 Date: Date: Expedition CHANGE ORDER IRTR No. 0000 f�III� BOISE, 1097 N. ROSARIO STREET 0 MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI -29 Add Smoke Dampers PROJECT: Meridian City Hall TO: Attn: Randy Frisbee Hobson Fabricating Corp. 6428 Business Way Boise, ID 83716 Phone: 343-5423 Fax: 343-5446 RE: To: DESCRIPTION OF CHANGE DATE: 10/25/2007 JOB: 060675 CONTRACT NO: From: Number: Per ASI -29 Sheet M1.11: Provide (2) smoke dampers at VAV # 134 per RFI # 38. 33 Unit Cost: $0.00 Unit Tax: $0.00 Lump Sum: $1,335.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $1,335.00 The Original Contract Sum was................................................................................................. $2,060,000.00 Net Change by Previously Authorized Requests and Changes ................................................ $0.00 The Contract Sum Prior to This Change Order was ........................ a............................. $2,060,000.00 The Contract Sum Will be Increased................................................................................... $1,335.00 The New Contract Sum Including This Change Order ...................................................... $2,061,335.00 The Contract Time Will Not Be Changed................................................................................. The Date of Substantial Completion as of this Change Order Therefore is .............................. ACCEPTED: Hobson Fabricating Corp. City of Meridian By: By: By: Randy Frisbee Date: Date: ExnWition Keith Watts Date: CHANGE ORDER No. 00001 323-4500 H BOISE, IDAHO RCE -1875 ,u 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: Structural Steel Design Changes PROJECT: Meridian City Hall TO: Attn: Steve Norquist Rule Steel 21986 Middleton Road Caldwell, ID 83605 Phone: 208 585-3031 Fax: 208-585-2506 RE: CO To: RULSTE DESCRIPTION OF CHANGE DATE: 10/30/2007 JOB: 060675 Lots]� k IEusIFTI Number: 00001 The enclosed ASI responses reflect the additional cost to Rule Steel Tanks, Inc. to make additions, corrections and modifications as required by the Structural Engineer of Record to address the impact of raising the building four vertical feet in finish floor elevation, make adjustments for finish requirements not available at the time of bid and amend the design for existing soil conditions and design adjustments to reflect the completed design envelope. Item Description 00001 ASI #7- Lower floor in main entry to council chamber to accommodate grout set tile. Add additional clips and bent angle to support floor deck and accommodate closer for two different concrete deck elevations. 00002 ASI # 8: Revise column and moment frame details per updated design. This includes addition of compound (Double -T) columns. 00003 ASI # 18: Add amber to 64 roof beams not shown on bid documents, as required by the Structural Engineer. 00004 ASI # 19: Revise and clarify canopy sections per SK -1 thru SK -7. Includes addition of tube steel. 00005 ASI # 23: Provide fabricated angle with epoxy anchors for steel lintel at the stair tower headers. Provide columns a and channels for the framing of Stair # 4 to the mechanical penthouse.. Revise floor framing at Gridline 5.5 from D to E and Grindline 7.5 from D to E. Unit Cost: $35,766.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $35,766.00 The Original Contract Sum was................................................................................................. $1,847,000.00 Net Change by Previously Authorized Requests and Changes ................................................ $0.00 The Contract Sum Prior to This Change Order was ...................................................... $1,847,000.00 The Contract Sum Will be Increased................................................................................... $35,766.00 The New Contract Sum Including This Change Order ...................................................... $1,882,766.00 TheContract Time Will Not Be Changed................................................................................. The Date of Substantial Completion as of this Change Order Therefore is .............................. ACCEPTED: Rule Steel City of Meridian By: By: By: Steve Norquist Date: Exneditinn OD Date: Keith Watts Date: Tax Tax Net Quantity Units Unit Price Rate Amount Amount 1.000 LS $1,169.00 0.00% $0.00 $1,169.00 1.000 Ls $19,150.00 0.00% $0.00 $19,150.00 1.000 LS $3,520.00 0.00% $0.00 $3,520.00 1.000 LS $951.00 0.00% $0.00 $951.00 1.000 LS $10,976.00 0.00% $0.00 $10,976.00 Unit Cost: $35,766.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $35,766.00 The Original Contract Sum was................................................................................................. $1,847,000.00 Net Change by Previously Authorized Requests and Changes ................................................ $0.00 The Contract Sum Prior to This Change Order was ...................................................... $1,847,000.00 The Contract Sum Will be Increased................................................................................... $35,766.00 The New Contract Sum Including This Change Order ...................................................... $1,882,766.00 TheContract Time Will Not Be Changed................................................................................. The Date of Substantial Completion as of this Change Order Therefore is .............................. ACCEPTED: Rule Steel City of Meridian By: By: By: Steve Norquist Date: Exneditinn OD Date: Keith Watts Date: CHANGE ORDER C3EHERAT- CONTRACTORS 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI 23 - Set and Epoxy Angles PROJECT: Meridian City Hall TO: Attn: Michelle Waltz TMC Inc. 2313 W. Overland Boise, ID 83705 Phone: 208-331-8200 Fax: 208-331-8301 RE: PCO To: TMCMAS DESCRIPTION OF CHANGE DATE: 12/18/2007 JOB: 060675 CONTRACT NO: From: CITYMER 5 Number: 00002 Epoxy set angles supplied by others per ASI 23 for steel missed in the original design, but necessary to access the mechanical penthouse. Unit Cost: $0.00 Unit Tax: $0.00 Lump Sum: $324.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $324.00 The Original Contract Sum was................................................................................................. $1,584,760.00 Net Change by Previously Authorized Requests and Changes ................................................ ($32,348.00) The Contract Sum Prior to This Change Order was ...................................................... $1,552,412.00 The Contract Sum Will be Increased................................................................................... $324.00 The New Contract Sum Including This Change Order ............................:......................... $1,552,736.00 TheContract Time Will Not Be Changed................................................................................. The Date of Substantial Completion as of this Change Order Therefore is .............................. ACCEPTED: TMC Inc. City of Meridian By: By: By: Michelle Waltz Date: Date: Keith Watts Date: No. 1111 II -------------- 3234500 ff I�I�II BOISE, ITI�I�I 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI's 32 & 36, RFI 43 PROJECT: Meridian City Hall TO: Attn: Randy Pierce American Wallcover 2685 E. Lanark St. Meridian, ID 83642 Phone: 208-887-1062 Fax: 208-887-1129 RE: To: DESCRIPTION OF CHANGE DATE: 11/26/2007 JOB: 060675 CONTRACT NO: From: Number: Item Description 00001 RFI 43 - New curb at 2nd Floor guardrail requires additional steel stud framing and drywall, per response to COR 2. 00002 Per ASI 32 Change Ceiling Tile ACP 1 to Dune 2712 Tegular Second Look 2x4, change ACP 2 to Cortega 2758 Tegular Second Look 2x4, per response to COR 4. 00003 Per ASI 36 Elevator Equipment Room Changes at room 001 & 017 to upgrade rooms to a 2 -hr fating per code review, per response to COR 3. 24 Tax Tax Net Quantity Units Unit Price Rate Amount Amount 1.000 LS $239.70 0.00% $0.00 $239.70 1.000 LS $3,855.60 0.00% $0.00 $3,855.60 1.000 LS $3,570.00 0.00% $0.00 $3,570.00 Unit Cost: $7,665.30 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $7,665.30 The Original Contract Sum was................................................................................................. $1,038,550.00 Net Change by Previously Authorized Requests and Changes ................................................ $0.00 The Contract Sum Prior to This Change Order was ,,,,,,,,,,,,,,,,,,,,,,, $1,038,550.00 TheContract Sum Will be Increased................................................................................... $7,665.30 The New Contract Sum Including This Change Order ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, $1,046,215.30 TheContract Time Will Not Be Changed................................................................................. The Date of Substantial Completion as of this Change Order Therefore. is .............................. ACCEPTED: American Walkover City of Meridian By: By: By: Randy Pierce Keith Watts Date: 11/26/2007 Date: Emedition Date: �a C V CITY OF MERIDIAN CHANGE ORDER NO. 1 33 EAST IDAHO PROJECT NO. MERIDIAN, ID 83642 DATE: 12-14-07 EFFECTIVE DATE: 10-22-07 CONTRACT CHANGE ORDER CONTRACTOR: IDAHO CUSTOM WOOD PRODUCTS PROJECT: MERIDIAN CITY HALL MILLWORK 8r CABINETS The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: '139Sio upper cabinets as noted in ASI #33 Ase.s-rje- of Reason for Change Order: Cost Savings. Attachements: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 464,000.00 '/ Original Contract Times: Net changes form previous Change Orders Net changes form previous Change Orders No._ to _ No._ to _ (calendar days) Contract Price Prior to this Change Order. Contract Times prior to this Change Order. (calendar days) $464,000.00 ', Net Increase (decrease) of this Change Order. Net Increase (decrease) of this Change Order. (calendar days) -$5,479.66 N/A Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $458,520.34 If RECOMMENDED- nUon Ma r) APPRO ( PGENT) By: By: K Watts Date: 0 Date: ACCEPTED: (Contrac !� s••c d % By: Date: Date:�l APPROVED: - !/ %- ATTEST: 2 J By: Mayor Tammrd By: City Clerk, Will Berg Jr.� Date:/ ' —1,A �h � Date: / % — % CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER J CHANGE ORDER NO. 2 PROJECT NO. DATE: 12-14-07 EFFECTIVE DATE: 10-22-07 CONTRACTOR: SIDEWALKS, LLC. PROJECT: CONCRETE The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: Addition of Radius Curb per RFI #00043. Reason for Change Order: Safety Attachements: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 655,595.35 Original Contract Times: Net changes form .previous Change Orders Net changes form previous Change Orders No. —to _ No,_ to _ (calendar days) $137,108.00 Contract Prig Prior to this Change Order: Contract Times prior to this Change Order. (calendar days) $792,703.35 Net Increase (decrease) of this Change Order. Net Increase (decrease) of this Change Order. (calendar days) $4,371.00 N/A Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $797,074.35 RECOMMENDED: (Construction Manager) APPRO : (C AGENT) By: By. Keith Watts Date: Date: ACCEPTED: (Contractor) ATTEST: By: By, City Clerk, Will Berg Jr. Date: Date: APPROVED: (CITY) - ATTEST: By. Mayor Tammy de Weerd By: City Clerk, Will Berg Jr. Date: Date: • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER 0 CHANGE ORDER NO. 2 PROJECT NO. DATE: 12-14-07 !EFFECTIVE DATE: 10-22-07 CONTRACTOR: SIDEWALKS, LLC. PROJECT: CONCRETE The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: Build toe kicks. Dismantle & Haul barrel trusses off site. Temporary safety railing & access. Shoring. Reason for Change Order: Safety Attachements: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 655,595.35 Original Contract Times: Net changes form previous Change Orders Net changes form previous Change Orders No._ to _ No._ to _ (calendar days) $141,479.00 Contract Price Prior to this Change Order: Contract Times prior to this Change Order. (calendar days) $797,074.35 Net Increase (decrease) of this Change Order. Net Increase (decrease) of this Change Order. (calendar days) $23,550.00 N/A Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $820,624.35 RECOMMENDED: (Constriction Manager.) APPRO D: UR HAS AGENT) By: By: elth W Date: Date: 17,— /4.—d''7 ACCEPTED: (Contractor) ATTEST: By: By: City Clerk, Will Berg Jr. Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By. City Clerk, Will Berg Jr. Date: Date: l�CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 1 PROJECT NO. DATE: 12-14-07 EFFECTIVE DATE: 10-22-07 CONTRACTOR: SUNCREST CORPORATION dba B&B STEEL ERECTORS PROJECT: HANADRAILS & MISC. METALS The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: Installation of Safety Guam Rail per RFI #00043. Reason for Change Order: Safety Attachements: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 73,265.00 Original Contract Times: Net changes form previous Change Orders Net changes form previous Change Orders No._ to _ No._ to _ (calendar days) $0.00 Contract Price Prior to this Change Order: Contract Times prior to this Change Order: $73,265.00 (calendar days) Net Increase (decrease) of this Change Order. Net Increase (decrease) of this Change Order. $267.75 (calendar days) N/A Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $73,532.75 RECOMMENDE nstruction M r) APPR VED: I ITY� AGENT) v By: Date: ���� 7� By: Keith Watts Date: !l —0 7 ACCEPTED: (Contractor) �� ► Q �t cyte: 10 / C Date: 2 �l —67 , APPROVED: (CI -.mow/ ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Will Berg Jr. Date: 2 — QUO �� �f Date: /2 7-149 r�] CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 1 PROJECT NO. DATE: 12-1407 EFFECTIVE DATE: 10-25-07 CONTRACTOR: ARCHITECTURAL BUILDING SUPPLY, INC. .PROJECT: DOORS, FRAMES & HARDWARE The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: Additional Card Readers per ASI's #21 & 26. Reason for Change Order: Additional Security. Attachements: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 277,230.00 Original Contract Times: Net changes form previous Change Orders Net changes form previous Change Orders No. to _ No.— to _ (calendar days) $0.00 Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days) $277,230.00 Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days) $7,952.00 N/A Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $285,182.00 RECOMMENDED: (Construction Manager) APPRO ED: ( TYY UF)C AGENT) By: By: eith Watts Date: Date: Iz _ / Y-61 + ACCEPTED: (Contractor) ATTEST: By: By: City Clerk, Will Berg Jr. Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Will Berg Jr. Date: Date: r� CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER w CHANGE ORDER NO. 2 PROJECT NO. DATE: 12-14-07 EFFECTIVE DATE: 11-19-07 CONTRACTOR: ARCHITECTURAL BUILDING SUPPLY, INC. PROJECT: DOORS, FRAMES & HARDWARE The Contractor Is hereby directed to make the following changes from the Contract Documents and Pians. Desciption: Additional Card Readers per options taken in Security Bid Package. Reason for Change Order: Additional Security. Attachements: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 277,230.00 Original Contract Times: Net changes firm previous Change Orders Net changes form previous Change Orders No._ to _ No._ to (calendar days) $7,952.00 _ Contract Price Prior to this Change Order: Contract Times prior to this Change Order. (calendar days) $285,182.00 Net Increase (decrease) of this Change Order. Net Increase (decrease) of this Change Order: $5,420.00 (calendar days) N/A Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: $290,602.00 (calendar days) RECOMMENDED: (Construction Manager) APPROV D: (I PUUR,C�SIN AGENT) /f By: W By: Ke Watts Date: Date: 12-- /L1— 6-7 ACCEPTED: (Contractor) ATTEST. By. By: City Clerk, Will Berg Jr. Date: Date: APPROVED: (CITY) - ATTEST. By: Mayor Tammy de Weerd By: City Clerk, Will Berg Jr. Date: Date: • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • CHANGE ORDER NO. 1 PROJECT NO. DATE: 12-14-07 EFFECTIVE DATE: 10-25-07 CONTRACTOR: HOBSON FABRICATION CORP. PROJECT: HVAC The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: Additional smoke dampers per ASI -29 8 RFI #38. Reason for Change Order: Required by code. Attachements: CHANGE IN CONTRACT PRICE' CHANGE IN CONTRACT TIMES: Original Contract Price $ 2,060,000.00 Original Contract Times: Net changes form previous Change Orders Net changes form previous Change Orders No._ to s No._ to , (calendar days) $0.00 Contract Price Prior to this Change Order. Contract Times prior to this Change Order. (calendar days) $2,060,000.00 Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days) $1,335.00 N/A Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orden:: (calendar days) $2,061,335.00 RECOMMENDED: (Construction Manager) APP � (CI URC HAS}NNT) By: By: Ke-Kh Watts Date: Date: 1 Z -- ! &Y _d -7 ACCEPTED: (Contractor) ATTEST: By. By: City Clerk, Will Berg Jr. Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By. City Clerk, Will Berg Jr. Date: Date: a CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER 00 CHANGE ORDER NO. 1 PROJECT NO. DATE: 12-14-07 EFFECTIVE DATE: 10-30-07 CONTRACTOR: RULE STEEL PROJECT: STEEL AND STEEL ERECTION The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: Additional structural requirements per ASI% #7.8,18, 1.9, 23. Reason for Change Order:+ Redesign by Architects Attachements: Architect's Supplemental Instructions #7, 8, 18, 19 & 23. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 1,874,000.00 Original Contract Times: Net changes form previous Change Orders Net changes form previous Change Orders No._ to _ No.` to _ (calendar days) :0.00 Contract Price Prior to this Change Order: Contract Times prior to this Change Order. (calendar days) $1,847,000.00 Net Increase (decrease) of this Change Order. Net Increase (decrease) of this Change Order. (calendar days) 35, 766.00 N/A Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) -1,882,766.00 � COMMENDED: (Construction Manager) APPROVE : (CITY P CHAS G G NT- )) By: By: Keit atts (//t// late: Date: / 2 _J 1 — V I ACCEPTED: (Contractor) ATTEST: l By. City Clerk, Will Berg Jr. 1 )ate: Date: "'PROVED: (CITY) - ATTEST: v: Mayor Tammy de Weerd By: City Clerk, Will Berg Jr. ate: Date: CITY OF MERIDIAN CHANGE ORDER NO. 2 33 EAST IDAHO PROJECT NO. MERIDIAN, ID 83642 DATE: 12-142007 EFFECTIVE DATE: 11-6-07 CONTRACT CHANGE ORDER %CTOR: TMC, INC. ;T: CITY HALL MASONRY 8 STONE ,ctor is hereby directed to make the following changes from the Contract Documents and Plans. Angles per ASI #23. 11 ER TERMS AND CONDITIONS REMAIN THE SAME. ,r change Order: Epoxy set angles per ASI #23 missed in original design. ants: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: ntract Price $773,680.00 Original Contract Times: s `nrm previous Change Orders Net changes form previous Change Orders No._ to _ (calendar days) 1.00 rice Prior to this Change Order. Contract Times prior to this Change Order: (calendar days) 'decrease) of this Change Order. Net Increase (decrease) of this Change Order. (calendar days) NONE with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) ND ED: (Construcdon manager) APPRt � (C �H G AGENT) By. Keith tts Date: 12 (/ ;Contractor) COUNCIL APPROVAL Date: CITY) - ATTEST: Ta mmy de Weerd By. City Clerk, Will Berg Jr. Date: • CITY OF MERIDIAN CHANGE ORDER NO. 1 33 EAST IDAHO PROJECT NO. MERIDIAN, ID 83642 DATE: 1.2-142007 EFFECTIVE DATE: 11-26-07 CONTRACT CHANGE ORDER JR: AMERICAN WALLCOVER, INC. DRYWAL, FIRE PROOFING & ACOUSTICAL CEILING TILE ,r is hereby directed to make the following changes from the Contract Documents and Pians. dditional Drywall per RFI #43, Ceiling Tile change per ASI #32, Elevator Equipment Room change per ASI =R TERMS AND CONDITIONS REMAIN THE SAME. ,ange Order: Architects Supplemnetal Instructions RANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Ct Price $1,038,550.00 Original Contract Times: rm previous Change Orders Net changes form previous Change Orders No._ to,_,,, (calandar days) Prior to this Change Order. Contract Times prior to this Change Order. (calendar days) ]o ecrease) of this Change Order. Net Increase (decrease) of this Change Order. (calendar days) NONE with all Approved Change Orders: ContractTimes with all Approved Change Orders: (calendar days) 30 =D: (construction Manager) PU HAS GENT) APPWithfts By. K Date: /2- - .ontractor) COUNCIL APPROVAL Date: =1T1) ATTEST: )my de Weerd By: City Clerk, Will Berg Jr. Date: Lil of December 14, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT Mayors Office ITEM NO. 6-D-1 REQUEST State of the City Sponsorship Levels AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. December 18, 2007 MEMORANDUM TO: City Council FROM: Robert Simison RE: State of the City Sponsorship Levels Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba RECEIVED DEC 18 2001 City of Meridian City Clerk Office The State of the City address for 2007 had sponsorship levels of $2000 for the title sponsor, and two additional levels of sponsorship at $1000 and $250. At the conclusion of last year's address, the title sponsor for 2008 was secured in the amount of $3000. As the title sponsor agreed to an increase, we are requesting an increase in all of the sponsorship levels in amounts of $1500 and $500 respectively. The increased sponsorship levels will allow us to keep the price of the event at $10 and allow for potential additional costs from the Taste of Meridian reception due to increased number of restaurants and a higher cap for their services. We have provided the sponsors with additional tickets to the event as an added incentive for their increase in sponsorship. Mayor's Office . 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 . Fax 208-884-8119 . www.meridiancity.org w N E IDIAN�-- 2008 State of the City Address & Taste of Meridian Reception Wednesday, February 6 * 4:00 pm * Meridian Middle School General Admission: $10 per person / 10 General Admission Tickets for $90 Note: This event will he televised on KTVB's 24/7 News Channel 28. For additional information contact Robert Simison, Office of the Mayor, 888-4433 : E TITLE SPONSOR s TIER ONE SPONSORS TIER TWO SPONSORS Saint Alphonsus Meridian Health Plaza SPONSOR FEE Exclusive "Presented by" Status On -Stage Seating for 2 Display Table at Event Recognition in Event Marketing Materials , Recognition in City's Annual Report Recognition in City Newsletter O Web Site Recognition at the Event Complimentary Tickets Note: This event will he televised on KTVB's 24/7 News Channel 28. For additional information contact Robert Simison, Office of the Mayor, 888-4433 • December 14, 2007 AP 07-009 MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT Glen Tiderman & Tracy Fries ITEM NO. 8 REQUEST Continued Public Hearing from November 27, 2007 -- Request for City Council Review of an Appeal of the Planning & Zoning Comm. Approval fo the Selway Apartments --'west of Goddard Creek Way, north of McMillan Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: COMMENTS See Previous Item Packet / Minutes See attached Staff Report See attached Comments Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. December 14, 2007 CPA 07-012 MERIDIAN CITY COUNCIL MEETING December 1.8, 2007 APPLICANT Strada Bellissima Commercial, LLC ITEM NO. 9 REQUEST Public Hearing -- Request for amdmt to Comp Plan Future Land Use Map to change land use designation from Low Density Residential to commercial for Strada Bellissima Commercial -- 114 & 156 W. Victory Roads 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: COMMENTS See attached P&Z Item Packet See attached Recommendations Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. December 14, 2007 RZ 07-013 MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT Strada Bellissima Commercial, LLC ITEM NO. 10 REQUEST Public Hearing -- Request for a Rezone of 1.76 acres from L -O to C -N zones for Strada Bellissima Commercial -- 114 & 156 West Victory Road AGENCY COMMENTS CITY CLERK: See attached P&Z Item Packet CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Recommendations CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. J • December 14, 2007 CPA 07-011 MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT David J. Dean ITEM NO. 11 REQUEST Public Hearing -- Request for a CPA to modify future land use map to change land use designation on 38.7 acres from med.density residential to mixed use comm. to include office / retail, private school & patio homes for Dean Property 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: COMMENTS See attached P&Z Item Packet See attached Recommendations Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 0 December 14, 2007 AZ 07-017 MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT David Dean ITEM NO. 12 REQUEST Public Hearing -- 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 zone (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: Date: Phone: _ Emailed: Staff Initiats: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached P&Z Item Packet See attached Recommendations 0 December 14, 2007 PP 07-021 MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT David Dean ITEM NO. 13 REQUEST Public Hearing -- Request for Preliminary Plat approval of 54 lots including 33 residential lots, 11 commercial lots and 10 common lots on 40.4 acres in the proposed C -C, R-8 & R-2 zones 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: Date: COMMENTS See attached P&Z Item Packet See attached Recommendations See attached Comments Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. December 14, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT Marshall Williams AZ 07-015 December 18, 2007 ITEM NO. 14 REQUEST Public hearing -- Request for Annexation and Zoning of 1.88 acres from RUT to an R-2 zone for the property located at 1650 Duwoody for Dunwoody Property -- 1650 Dunwoody AGENCY COMMENTS CITY CLERK: See attached P&Z Item Packet CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Recommendations 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 Affidavit of Posting & Letter from Gridler's Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. December 14, 2007 CPA 07-014 MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT Morgan Development, Inc. ITEM NO. 15 REQUEST Public Hearing -- Request for a Comp Plan Land Use Map Amendment of 7.43 acres from medium density residential to mixed use community for Woodland Springs -- northeast corner of McMilland 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: See attached P&Z Item Packet See attached Recommendations MERIDIAN POST OFFICE: OTHER: See attached Affidavit of Posting & Email from Morgan Development Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 December 14, 2007 AZ 07-014 MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT Morgan Development, Inc. ITEM NO. 16 REQUEST Public Hearing -- 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: See attached P&Z Item Packet CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Recommendations 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 Email from Morgan Development Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. December 14, 2007 PP 07-019 MERIDIAN CITY COUNCIL MEETING December 18, 2007 APPLICANT Morgan Development, Inc. ITEM NO. 17 REQUEST Public Hearing -- Request for Preliminary Plat approval for 4 commercial lots on 7.55 acres in a proposed C -C zone for Woodland Springs -- norheast corner of McMillan Road and Locust Grove Road AGENCY COMMENTS CITY CLERK: See attached P&Z Item Packet CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Recommendations 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 Email from Morgan Development Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian.