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2007-09-04
:7 �ERIDIAN*,,_ W, �J • CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, September 4, 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." Roll -call Attendance: David Zaremba Joe Borton Charlie Rountree _� Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Retired Pastor Burton Roberts with Meridian Gospel Tabernacle: 4. Adoption of the Agenda: a/vv-,o�c 5. Consent Agenda: A. Approve Minutes of August 14, 2007 Pre -Council Meeting: B. Findings of Fact and Conclusions of Law for Approval: RZ 07- 011 Request for a Rezone of 0.77 of an acre from C -C to an O -T zone for Shaylee Estates by Tealey's Land Surveying — 1402 & 1414 North Meridian Road: o -err -ova C. Findings of Fact and Conclusions of Law for Approval: PP 07- 010 Request for Preliminary Plat approval of 2 office building lots, 6 single-family residential building lots and 1 common lot on 0.77 of an acre in a proposed O -T zone for Shaylee Estates by Tealey's Land Surveying —1402 & 1414 North Meridian Road: Anwllov__1* Meridian City Council Meeting Agenda — September 4, 2007 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 0 D. Findings of Fact and Conclusions of Law for Approval: CUP 07-010 Request for Conditional Use Permit to construct 6 town homes in a proposed O -T zone that do not meet the criteria of the Downtown Meridian Design Guidelines for Shaylee Estates by Tealey's Land Surveying —1402 & 1414 North Meridian Road: A/Iy"ave- E. Findings of Fact and Conclusions of Law for Approval: RZ 07- 012 Request for Rezone of approximately 22.7 acres from an R-8 to a C -G zone for Valley Shepherd on Meridian by the Valley Shepherd Church of the Nazarene— 150 West Maestra: atItre F. Findings of Fact and Conclusions of Law for Approval: PP 07- 006 Request for Preliminary Plat approval of 7 single family residential building lots and 2 common area lots on 1.96 acres in an R-4 zone for Moose Creek Subdivision by Moose Creek Construction — 4275 N. Jones Creek Lane: PfrYvr�,-- G. Development Agreement: AZ 07-004 Request for Annexation and Zoning of 2.48 acres from RUT to an L -O zone for Locust Grove Professional Office Building by Ruby/Edwards: Architecture + Design —1695 South Locust Grove Road: H. Findings of Fact and Conclusions of Law for Approval: CUP 07-004 Request for a Conditional Use Permit for the operation of a bar, the Busted Shovel, in the O -T zone for the Busted Shovel by William Kosterman — 704 Main Street: A,19 rmv-x- I. Findings of Fact and Conclusions of Law for Denial: AP 07- 004 Request for City Council Review of an Appeal of approved CUP 07-004 to allow for the operation of a drinking establishment in an O -T zone for the Busted Shovel by Sherer & Wynkoop, LLC — 704 North Main Street: Ai.-prvvv-e- J. Addendum to Development Agreement: MI 07-005 Request for a Miscellaneous Application to amend the Development Agreement for Market Square to remove the requirement for Conditional Use Permit approval for site plan review for structures over 50,000 square feet for Gold's Gym by Josh Wheeler — 3570 North Eagle Road: al fpty K. Approve Standard Form of Agreement for the Construction of the Black Cat Trunk Sewer, Phase 4, Schedule A (Construction) with Brown Construction Inc. for $862,676.06: A?-o,vje- Meridian City Council Meeting Agenda — September 4, 2007 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • E L. Approve Ada County Sheriffs Office Records Billing Aareement: vv-&- M. v- - M. Approve Contract for Heroes Park Tee / Pressure Test for Wastewater Reuse with H2 Excavation, LLC for $14,850.00:y N. Approve Contract for Task Order 2.4 - Plant Optimization / Filter Preliminary Desian with CH2M HILL for $42,151: ate" v---, -O. Standard Form of Agreement with Commercial Painting. Inc. for Painting and Wall Co rin s for the New City Hall: 47Yrti f5P/ Z75; o_ - P. Approval of Change Order No. 1 to Sidewalks, LLC for the amount of $137,108.00 in Conjunction with ASI #'s 5 & 10 (raising the Building 4'): 4141rrb 00- 6 —Q. Approval of Deductive Change Order No. 1 to TMC, Inc. for the amount of -$32,348.00 in Conjunction with ASI #'s 5 & 10: aw"^ok-A- 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: fie,•,, f Y,; a,c, A -o 2. City Hall Building Update on Value Engineering Options: AO, ve �f 3. Chance Order No. 2 for LCA Architects for Meridian City Hall Building Modifications for Re -Design due to raising the Building 4'0 in Elevation for $23,680.00: B. Public Works Department 1. Memorandum of Understanding with Sunrise Rim, LLC to Build Water Main and a Dry Line Sewer to their Development: 47Th•b VK - 7. Items Moved from Consent Agenda: /-- r 8. Findings of Fact and Conclusions of Law for Approval: AZ 07-009 Request for Annexation and Zoning of 22.67acres from R1 to C -G Zone for Queenland Acres by James Prather - Southeast Comer of South Stoddard Road and West Overland Road: 19�rr V� e AS RliVUe,.. 1< - Meridian City Council Meeting Agenda — September 4, 2007 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 • 9. FP 07-027 Request for Final Plat approval for 11 commercial building lots on 18.47 acres in a C -G zone for Gardner -Ahlquist Subdivision by Ahlquist Development, LLC - Southeast Comer of Eagle Road and Franklin Road: -4hl.Q /-0 7 10. FP 07-025 Request for Final Plat approval for 26 single-family building lots and 3 common lots on 5.17 acres in an R-8 zone for Portico Place Subdivision by Portico, LLC - north of East McMillan Road and east of North Locust Grove Road: 1�10V^e- 11. Continued Public Hearing from August 14, 2007: PP 07-011 Request for Preliminary Plat approval for 18 commercial building lots on 18.5 acres in a C -G zone, for Paramount Commercial Southwest by Ustick Marketplace, LLC - Northeast Comer of North Linder Road and West McMillan Road: Request to be Continued to Septembey 11, 2007 Com APIA /-V 7 12. Continued Public Hearing from August 14, 2007: MI 07-007 Request for a Miscellaneous application to Modify the Development Agreement to remove the Conditional Use Permit requirement for all commercial development in the C -G zone and instead require design review approval of all commercial development in the C -G zone for Paramount Commercial Southwest by Ustick Marketplace, LLC - Northeast Comer of North Linder Road and West McMillan Road: Request to be Continued to September 11, 2007 f7r�,�,,c,��,� /, ?-&-07 13. Public Hearing: PP 07-013 Request for Preliminary Plat approval for 11 building lots and 2 common lots on 26.35 acres in ani I -L zone for Kennedy Commercial Center by DBSI Meridian 184, LLC - 1250 West Overland Road: G - /!L /-, 14. Public Hearing: AP 07-008 Request for City Council review for an Appeal of the Planning and Zoning Commission's decision limiting the hours of operation from 5:00 a.m. to 11:00 p.m. for Anytime Fitness located in an L -O zone district within Sundance Subdivision No. 5 by Dave Evans Construction - 3220 North Meridian Road: 47W-Ou "Aa�rr,-. Pi -2 4,w,- Aeu.r,'o,,_. 15. Ordinance No. _ ®7— 1 �T : AZ 07-004 Request for Annexation and Zoning of 2.48 acres from RUT to an L -O zone for Locust Grove Professional Office Building by Ruby/Edwards: Architecture + Design -1695 South Locust Grove Road: 11172"0-46- Meridian ri Meridian City Council Meeting Agenda — September 4, 2007 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 16. 0 Ordinance No. &*) 2— /3 3 o6 2007 / 2008 Fiscal Year Budget: • Annual Appropriation for -AV 9--It,07 Meridian City Council Meeting Agenda — September 4, 2007 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meetina September 4 2007 A meeting of the Meridian City Council was called to order at 7:07 P.M., Tuesday, September 4, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Charlie Rountree, and David Zaremba. Others Present: Bill Nary, Will Berg, Anna Canning, Len Grady, Tracy Basterrechea, Bill Johnson, Keith Watts, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Good evening. I will go ahead and start tonight's regular meeting agenda. It is Tuesday, September 4th. It's a few minutes after 7:00. Welcome to all of you. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Retired Pastor Burton Roberts with Meridian Gospel Tabernacle: De Weerd: Before I move to Item No. 3 -- and certainly as we ask Pastor Robert -- or Pastor Burton Roberts to come up and lead us tonight in the invocation, I would like to take this as an opportunity to invite you all to the reception in his honor this weekend at 3:00 o'clock at the Meridian Gospel Tabernacle in celebration of 51 years of service to God and certainly we appreciate what you have done -- you and your family have done in this community in building it as a community and a desirable place to live. And I am very grateful to have met you and consider you a friend and I would like to present you with a City of Meridian pen. And now it's not a lapel pin, it's actually a writing pen, and thank you for what you have done for the community. And now if you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Pastor. • Meridian City Council September 4, 2007 Page 2 of 46 • Roberts: Most gracious and kind Heavenly Father, it is always a pleasure as we come before you and ask that you would be a part of this meeting tonight. We sense the need in our community to be sure that we ask for your wisdom, for your guidance, for your strength in our lives in helping us with the decisions that we make. It's so important that we remember to ask you to be a part of everything that we do and think. And so tonight we ask that great wisdom and discernment and understanding would be imparted to those that are taking part in this meeting. Once again, Father, I ask that you would bless in a very special way our Mayor. Her leadership has been so appreciated and, Father, we just ask if you would continue to watch over and care for her and give her the strength that she needs, for the City Council members and all of the workers of the city, Father God, watch over and care for each one of them. Bless them, cause their lives to be strengthened by the knowing that you are real in their hearts and their lives. So, be with us this night and all of these proceedings and we ask all these things in Jesus' wonderful and mighty name, amen. Thank you. De Weerd: Thank you. Thank you for joining us. And good luck with the transition. Yes. Pastor Burton Roberts, would you take one last opportunity to introduce the new Burton Roberts of the Meridian Gospel Tabernacle. Roberts: This Ralph Lowe, four generation Meridianite, who I stole away to Kellogg a few years ago, so I decided I should bring him back and he and his wife Susie are very capable to fill my shoes and just happy to have him. So, he's going to get on the list and come and pray for you once in awhile. So, it's good to have him and his wife with us and -- Pastor Ralph Lowe. De Weerd: Welcome Pastor Lowe. Welcome home. Lowe: I went to fourth grade with Will. De Weerd: oh, a classmate. Zaremba: We hadn't realized he made it that far. Berg: Does that mean I was here first or -- I'm really old. De Weerd: No. They just hired a young replacement, didn't they. Well, welcome home. And I hope you enjoy your retirement. Roberts: I'm going to. De Weerd: It's well deserved. Roberts: Thank you. Meridian City Council September 4, 2007 Page 3 of 46 Item 4: Adoption of the Agenda: De Weerd: Council, we will get back to our agenda. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, which I will revisit again. Items O, P, and Q are going to be moved to Department Reports A and will be under the Mayor's office. We have been asked by the applicants to continue Item 9, FP 07-027 until 9/11/07. And also 11, 12 and 13, all to be continued to 9/11/07. Item 15 is Ordinance No. 07-1335 and Item 16 is Ordinance No. 07-1336. With that I move we approve the revised agenda. Rountree: Madam Mayor -- Zaremba: Madam Mayor. Rountree: -- I'll second that with the clarification that Item 13 is requested to continue to 9/18. Bird: Oh, I'm sorry. Yeah. You're right. I agree with that. De Weerd: 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 August 14, 2007 Pre -Council Meeting: B. Findings of Fact and Conclusions of Law for Approval: RZ 07- 011 Request for a Rezone of 0.77 of an acre from C -C to an O -T zone for Shavlee Estates by Tealey's Land Surveying — 1402 & 1414 North Meridian Road: C. Findings of Fact and Conclusions of Law for Approval: PP 07- 010 Request for Preliminary Plat approval of 2 office building lots, 6 single-family residential building lots and 1 common lot on 0.77 of an acre in a proposed O -T zone for Shavlee Estates by Tealey's Land Surveying — 1402 & 1414 North Meridian Road: i 0 Meridian City Council September 4, 2007 Page 4 of 46 D. Findings of Fact and Conclusions of Law for Approval: CUP 07-010 Request for Conditional Use Permit to construct 6 town homes in a proposed O -T zone that do not meet the criteria of the Downtown Meridian Design Guidelines for Shaylee Estates by Tealey's Land Surveying —1402 & 1414 North Meridian Road: E. Findings of Fact and Conclusions of Law for Approval: RZ 07- 012 Request for Rezone of approximately 22.7 acres from an R-8 to a C -G zone for Valley Shepherd on Meridian by the Valley Shepherd Church of the Nazarene —150 West Maestra: F. Findings of Fact and Conclusions of Law for Approval: PP 07- 006 Request for Preliminary Plat approval of 7 single family residential building lots and 2 common area lots on 1.96 acres in an R-4 zone for Moose Creek Subdivision by Moose Creek Construction — 4275 N. Jones Creek Lane: G. Development Agreement: AZ 07-004 Request for Annexation and Zoning of 2.48 acres from RUT to an L -O zone for Locust Grove Professional Office Building by Ruby/Edwards: Architecture + Design — 1695 South Locust Grove Road: H. Findings of Fact and Conclusions of Law for Approval: CUP 07-004 Request for a Conditional Use Permit for the operation of a bar, the Busted Shovel, in the O -T zone for the Busted Shovel by William Kosterman — 704 Main Street: I. Findings of Fact and Conclusions of Law for Denial: AP 07- 004 Request for City Council Review of an Appeal of approved CUP 07-004 to allow for the operation of a drinking establishment in an O -T zone for the Busted Shovel by Sherer & Wynkoop, LLC — 704 North Main Street: J. Addendum to Development Agreement: MI 07-005 Request for a Miscellaneous Application to amend the Development Agreement for Market Square to remove the requirement for Conditional Use Permit approval for site plan review for structures over 50,000 square feet for Gold's Gym by Josh Wheeler — 3570 North Eagle Road: K. Approve Standard Form of Agreement for the Construction of the Black Cat Trunk Sewer, Phase 4, Schedule A (Construction) with Brown Construction Inc. for $862,676.06: Meridian City Council September 4, 2007 Page 5 of 46 L. Approve Ada County Sheriffs Office Records Billing Agreement: M. Approve Contract for Heroes Park Tee / Pressure Test for Wastewater Reuse with H2 Excavation, LLC for $14,850.00: N. Approve Contract for Task Order 2.4 — Plant Optimization / Filter Preliminary Design with CH2M HILL for $42,151: 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 O, P and Q, to A - O, 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: 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 0 0 Meridian City Council September 4, 2007 Page 6 of 46 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: De Weerd: Any questions from Council? Item 2. Council, you should have received in your box and in your packet a value engineering option sheet and as we went through this exercise we saw that, really, what we were doing are finding pennies and nickels and didn't want to lose sight of the overarching goals that we have for this building and that is one that will serve this community for generations. After all was said and done and certainly in light of the desire to pursue the Silver Leed certification, some of the value engineering options didn't make sense, because what we risked was losing Leed points and so what we found was the possible savings was very minimal and I guess the direction I'm asking of all of you tonight is would you like this as a detailed discussion at our meeting next week or would you like to proceed as in the plan and certainly in each of the bid packages or are you interested in walking through this list and looking at each of these items by item? And I guess there is one final piece to this discussion. There is an opportunity to take a look at the unassigned areas and kind of consolidate. It was the team's -- the team's direction was not to do it at this point. If that's what we wanted to do nine months ago would have been the time to do it. The Council did approve the floor plans as was submitted, so I would also kind of like to put that question to rest as well and would look for a discussion on those two questions. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: A clarification on that valued engineering. If you will notice, I don't know why bookkeeping did it or what it is -- they moved the biggest share of saving is the moving of the property, clean up and stuff and I mean I don't know why that was moved over to value engineering or who did it, but I think there is -- I think that the building is designed -- there is probably some things that we could get away with, but if you got to lose points, you have to -- you're taking a chance of losing points and, like you said, it's nickel and diming, so -- and it's a building that -- it's going to last for generations and generations and on the redesign I'm -- I will take the blame for not bringing this to the attention nine months ago, but I thought it would have been. So, it's too late to -- the horse is out of the bam, can't close the door now. • Meridian City Council September 4, 2007 Page 7 of 46 De Weerd: Anyone else have a cliche they would like to share? I do think that right now -- and looking at those spaces, that it has been designed as a -- as the goal was to -- to look at future spaces and see how those future spaces can be transitioned in. Some of them, because of the size of the departments, is just not as easy to transition in because of the particular floor layouts and we are -- we continue to look at options on that. So, again, I guess the question is on either of those two talking points would you like more detail brought back -- because we do need to have a decision on this. Borton: Madam Mayor? De Weerd: Yes. Borton: I'm not necessarily interested in bringing it back and having a discussion for me. The design is done and the layout's done and while we always want to be looking for any cost savings, even if they are nickels and dimes, I no way support skipping and scratching so much so that we lose what we all intended it to be is a beautiful landmark in downtown Meridian and also with this internal layout of City Hall's been decided and done, in my opinion it's just a done deal and to the extent we might have particular amenities inside City Hall which allow our employees do the best job possible and shows the respect and value to them that they deserve, I'm all for it. If it's a little nicer this or that, I'm all for it. If it costs a little more I'm all for it. I want to have everyone who works in that City Hall to have a very very usable, valuable, pleasurable, efficient, nice place to work. So, not only do I not necessarily want to revisit department locations and grand design, I don't necessarily -- I'm not interested in skipping on any of the particular amenities that the city employees are going to get when they work there. Rountree: Madam Mayor? Rountree: Yes, Mr. Rountree. De Weerd: In pursuing this list I don't see amenities, I see an opportunity to actually save money in the future, because a good share of these things are suggestions not to do it now, but they will be needed later. Well, if we do them now they are going to cost us less than if we wait five years to do them, so that was not part of the value engineering study and should have been and I guess the other areas that I see here are change orders in materials that will be of not inferior quality, but lesser quality, which will result in earlier maintenance activities. So, it seems to me that, you know, I would say let's go -- let's go with it the way we set it up, the way we got it designed, and move forward. De Weerd: Keith? Zaremba: Madam Mayor -- 0 Meridian City Council September 4, 2007 Page 8 of 46 De Weerd: I'm sorry. 0 Zaremba: -- I would only add that I'm a firm believer that quality up front saves you money in the long run. So, I'm never one for throwing money away, but well spent money that saves you money later, as has been mentioned, that makes our employees and our citizens proud, that we need to spend it. Watts: Madam Mayor, Council Members, I just want to maybe clarify a few things for me. As far as completing the building as planned, are we -- are we talking the flooring throughout, lighting, and heating throughout now, as far as putting that off until later? De Weerd: It sounds like that is what Councilman Rountree -- Watts: I would agree with that as well. Bird: It's cheaper to do it now than it is five years from now. De Weerd: You know, there are a couple things on here that make sense in deleting. The shower and restrooms on the third floor and, you know, those things. But finishing out the unsigned areas, there will be some TI work needed as those areas are brought into usable space, but it does minimize what that impact would be. Watts: I agree. Thank you. De Weerd: Any further discussion? Any further detail needed, Keith? Watts: I don't believe so. I can instruct Petra from that. De Weerd: Thank you. You just added less time to our weekly meetings and that is appreciated. 3. Chance Order No. 2 for LCA Architects for Meridian City Hall Building Modifications for Re -Design due to raising the Building 4'0 in Elevation for $23,680.00: O. Standard Form of Agreement with Commercial Painting, Inc. for Painting and Wall Coverings for the New City Hall: P. Approval of Change Order No. 1 to Sidewalks LLC for the amount of $137,108.00 in Conjunction with ASI #'s 5 & 10 (raising the Building 4'): Meridian City Council September 4, 2007 Page 9 of 46 u Q. Approval of Deductive Chanae Order No. 1 to TMC, Inc. for the amount of -$32,348.00 in Conjunction with ASI Vs5$10: De Weerd: Item No. 3 is discussion on any of these change orders in front of you. Certainly, the one listed on number three, but also the three items moved from the Consent Agenda of O, P and Q, and I will ask Keith to make any comment or field any questions. Watts: Yes. P and Q are actually the change orders on item number three. They were -- they are a duplicate on the agenda. Item 0 is also the contract for the painting, which was brought to you, I believe, last week. That is from the original low bidder Color Craft withdrawing their bid. They have withdrawn their bid. We have granted them the ability to do so. They did not do so within the five days required in order for us to return their bid bond, so we let them know that we were going to keep their bid bond. They notified us today that they would like to submit a cashier's check in lieu of a bid bond, which we have also allowed them to do so. So, as I receive a cashier's check from them I will return their bid bond and we will keep the cashier's check. And the contract in front of you is with Commercial Painting with the new contractor for painting. De Weerd: Okay. Watts: Which is package number 11, painting and wall covering. Are there any questions on O? De Weerd: Any questions, Council? Bird: I have none. Rountree: I have none. De Weerd: It sounds like we will need -- Bird: Do you want it done separate or individual? Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the contract with Commercial Painting. Do you have a sum, Keith? Watts: 151,275 dollars. Bird: Right. The Mayor to sign and the Clerk to attest after the contractor has signed. • 0 Meridian City Council September 4, 2007 Page 10 of 46 Zaremba: Second. De Weerd: I have a motion and a second. Is there further discussion? Hearing none, Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Watts: The two change orders that are before you tonight are with Sidewalks, LLC, which is the concrete contractor, and also with TMC, who is the masonry contractor. The concrete contractor, the additional change order is for 137,108 dollars, which is directly related to raising the building four feet higher, which is in the stem wall, and the work that goes along with that. The reduction or change order deduct is from TMC, which is for a deduct of 32,348 dollars and that is for changing the stone to brick with the extended stem wall in order to make it flow better artistically and visually, they decided to -- to replace some of the stone with brick and that -- that is in the designs and the elevations that you have seen from the change to the four feet. Those designs have been incorporated from the beginning. This is just a final -- to formalize the change from the stone to the brick. And that's not all over the building, that was just in the -- certain areas, which you have seen in the elevations. Thank you. Any comments? De Weerd: Thank you. Any comments? Rountree: I have none. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve change order number one to the contract of Sidewalks, LLC, for the amount of 137,108 dollars. Rountree: Second. De Weerd: I have a motion and a second to approve the item in front of you. Any further discussion? Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. 0 Meridian City Council September 4, 2007 Page 11 of 46 MOTION CARRIED: ALL AYES. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. i Bird: I move that we approve deductive change order number one to TMC, Incorporated, for the amount of 32,348 dollars. Rountree: Second. De Weerd: I have a motion and a second on Item Q. Any discussion? Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Watts: Thank you, Madam Mayor, Council Members. Bird: You got one more. Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move that we approve change order number two to the design contract of LCA Architects in the additional amount of 23,680 dollars. Rountree: Second. De Weerd: I have a motion and a second to approve Item 6-A-3. Any discussion? Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. B. Public Works Department Meridian City Council September 4, 2007 Page 12 of 46 1. Memorandum of Understandina with Sunrise Rim, LLC to Build Water Main and a Dry Line Sewer to their Development: De Weerd: Thank you, Council. Item 6-13 under Public Works. I will ask Mr. Grady to introduce that. Grady: Madam Mayor, Members of the Council, you have in your packet a memorandum of understanding with Sunrise Rim to extend water and sewer to their property. This is one of those subdivisions that we are trying to work with outside of the city bounds to minimize the kind of problems we have when we eventually get there. So, this MOU would, basically, allow them to design so that when we ultimately provide total services they are more easily taken into the city. You see down in the very right- hand comer there of the property, you'd probably be familiar with the Black Rock and, then, the LDS church. The property is shown there on the right. And what we are proposing is they would run a ten inch -- ten to 12 inch water line into their property, it would save them from having to drill wells and they would run dry line for their -- for their sewer. Planning and Zoning has gone through the property. They have a private street that they are proposing and they have been able to work through those issues with Planning and Zoning and Justin Griffin is here from Sunrise and he's available to answer questions as to the kind of houses he's proposing, that type of stuff, if you'd like to ask him. And with that I will stand for questions. De Weerd: Council, do you have questions? Would you like to hear from Mr. Griffin? Rountree: Yes. De Weerd: If you will, please, state your name and address. Griffin: Justin Griffin. 2988 South Slay Creek, Meridian, Idaho. De Weerd: Thank you. Griffin: I'm open for any questions that you may have. De Weerd: I guess if you can give us some detail about why this is needed, what your plans are, and -- Griffin: We have recently been approved -- our preliminary plat has been approved with Ada County as a nonfarm subdivision. We are -- we have five lots -- five lots that we are going to be putting in this, one acre lots, on the property. The total property is 26 acres, so we are going to have the rest of it as an open space. We want to bring the water in, so we can have fire suppression and the adjacent property owners have allowed us to bring the road across their property, as we are going to put in dry line • 0 Meridian City Council September 4, 2007 Page 13 of 46 sewer and water through that area. The homes are going to be, again, on one acre lots. It's close proximity to the golf course. We will have views of the golf course. They will be nice homes, probably four to six thousand square foot homes, the five homes that will be built there. We are excited to be part of Meridian. We are from Meridian. We are just a bunch of friends that are kind of going in together to build there and Len Grady has been helping us along the way and giving us direction and we think it will be a great asset to the city for future development and ease in the future to annex into the city as city services and the Comprehensive Plan changes to allow that occur. De Weerd: Are you going to be building it to the city subdivision standards or the county's? Griffin: We are -- well, the roadway is going to be -- Penny Lane is a private roadway presently that they are going to be built to -- I believe Len has the document, but I believe it's built to ACHD specifications on the roadway. It's going to be a 24 foot wide roadway and it's going to get larger when it gets into our actual property. So, we are making it so it can be easily transitioned into a public roadway when it becomes annexable. De Weerd: That's easy for you to say. Griffin: Yeah. De Weerd: I guess the reason for that question is we have dwelt with these clusters before or nonfarm and what they have done is they have developed the first part of the front part of it and so, then, when it redevelops at higher densities, those higher densities have to travel through the lower densities and there is no curb, gutter, or sidewalk, so there is a lot of reasons to -- maybe you only have five one acre lots, but those five one acre lots have major concerns when that comes up. Griffin: Well -- and Kyle -- is it -- Grady: Kyle. Yes. Griffin: Kyle I spoke with and that was a concern that he expressed to me. Initially we weren't going to put curb, gutter, and sidewalks in on our property. He told us in order to -- for his blessing and the city's blessing, that we put the curb, gutter, and sidewalk in at some point. We are going to go ahead and put that in now to avoid any problems. We are going to build it to the city's specifications or at least ACHD's, so it can be annexed in and that was part of the agreement with Kyle that we would go ahead and take care of that now at this point. So, we are not even going to wait until it's annexable, we are going to do it at this point now to make sure there is no problems. So, that was to resolve his concern and potential problems. So, we are resolving that and getting that taken care of now. 0 Meridian City Council September 4, 2007 Page 14 of 46 De Weerd: Council, any questions? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Just one if I may. I see on page three of the agreement that you are agreeing that when it becomes legal eligible for annexation you will annex. Griffin: Yes. Zaremba: My question is is do you have a method of notifying the individual purchasers of the lots that that requirement is there? Quite often we find that this has been agreed by the applicant and, then, the five property owners sometime later object to being forced to annex, when, in fact, it's a voluntary annexation that's been agreed to and do you have a way to notify them when they are purchasing that this is a condition? Griffin: That's a condition that definitely can be added upon. I have never -- I had never thought about that. We can put that in our CC&Rs and let people know that that will be -- this will be annexed and this will be -- if we can put the MOU as part of CC&Rs as is when they do purchase it they will be able to understand that this is annexable. Don't know if that word is correct, but that's -- but we are planning on annexing that in and, too, most of the property owners are part of this group of friends that are going on this. We wanted this to be annexable in the future. Again, the properties could be sold, but we will make sure that's part of our CC&Rs. Zaremba: Thank you. De Weerd: Any other questions? Anna, I guess my question is to -- to you. I thought the county was not going to approve any more of these types of developments. Or was that just a threat? Canning: Madam Mayor, Members of the Council, as I understand it, the county is considering removing their non-farm regulations, but they have not done so yet. De Weerd: I was just kind of surprised. Canning: Madam Mayor, Members of the Council, my husband's the engineer on this, so Caleb did review it, but I just wanted to say that I haven't been involved with this. Since you asked a very generic question I answered you. But Caleb has been working with the applicant and Len. Len understands what's going on, but I'm not familiar with this project. Meridian City Council September 4, 2007 Page 15 of 46 De Weerd: Anything else? Mr. Bird. Bird: I take it Len is agreeable to this? Grady: Madam Mayor, Members of the Council, that's correct. I'm in agreement. De Weerd: Well, Council, what would you like to do? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If there is no further questions on it and we need to take action and direction, I would move that we approve the MOU as presented with Sunrise Rim, LLC. Bird: Second. De Weerd: I have a motion and a second to approve the item that is before you. Is there a discussion? Mr. Rountree. Rountree: Would the maker of the motion include in that the commitment of the applicant that the MOU would be part of the CC&Rs? Borton: Correct. And I think there is another contract to come from this, so we will specify now. Included in the motion. Rountree: Okay. De Weerd: Anything further? Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: De Weerd: Thank you. Items removed from the Consent Agenda have already been considered. Item 8: Findings of Fact and Conclusions of Law for Approval: AZ 07-009 Request for Annexation and Zoning of 22.67acres from R1 to C -G Zone for Queenland Acres by James Prather — Southeast Comer of South Stoddard Road and West Overland Road: • Meridian City Council September 4, 2007 Page 16 of 46 De Weerd: So, I will move to Item No. 8, the Findings of Facts and Conclusions of Law on AZ 07-009. And, Anna, the developer's in agreement with staff comments? Canning: Madam Mayor, Members of the Council, on these findings I did say that I'd run this site plan by you, because we were -- we were having a design discussion without anything before us. We have worked with the applicant to come up with a suitable traffic pattern for the concept plan. I did run this by Councilmember Rountree and I believe we have a workable site plan for both the applicant and Council, unless Council would like further discussion on it or has concerns with it. I guess I will back up. During the Council hearing there was discussion about this through movement going actually further passed to the Lowe's site. This is the Lowe's building and there was concern that this movement would become too easy and may be used as a cut through in the morning. So, what we propose is that you come to a point here, even with the back of this building, you would have a stop sign, you would, then, move up to -- there is a -- kind of a bulb out here that would obscure the view of the through travel lane. There would be a tree there. You would come up to there, you would have another stop sign and, hopefully, a valley gutter or a speed bump and, then, you would move into this traffic movement and, again, there would be somewhere in this stretch another valley gutter or a speed bump to keep the speeds down. And I believe that the applicant's in agreement with it. Prather: I'd like to comment. De Weerd: Please do. If you will, please, state your name and address for the record. Prather: Of course. Madam Mayor, James Prather. And Council. 707 East United Heritage Parkway in Meridian. If I may, in respect to Councilman Rountree, your comment. Earlier today I faxed over -- or e-mailed over to Sonya, who is handling this particular application. Councilman Rountree, what we would like to do with your permission, Madam Mayor, is this stop sign come in this full -- this full access here into this particular position and put a stop sign in the landscape area just where you see it here, as designated, and, then, the valley gutter or speed bump, allow that to be in an area where it is most applicable and I can just tell you this -- this will not be the area after talking to Scott Stanfield of Mason Stanfield, this is not where this particular valley gutter would go to handle wastewater, but allow us to put a stop sign in here and, then, as traffic would flow up this way allow us to put another stop sign in right at this point. That way we would have a stop sign here, a stop sign here, to -- certainly, if they miss one stop sign, they will certainly catch the other. As well as put in a -- and I'm a big proponent of landscaping -- right in this portion put as much as we can get in there to deter them from looking down this particular area and seeing that they could come from here and, then, around this little bump and, then, into this way. If you would allow us to do that, I think that would also prevent traffic from just accessing as they please. As well as not notated on this particular site plan, but right in this portion right here put in a sign that would delineate truck traffic only that, if anybody got lost they could certainly -- r -t Meridian City Council September 4, 2007 Page 17 of 46 you know, they could come in here and access this parking lot, but if they -- if they came any further the sign would be right about at this point, notating that truck traffic is all that's allowed back here. I think we can accomplish, Councilman Rountree, what you -- what your concerns were a couple weeks ago. Rountree: Madam Mayor, I believe that will accomplish what we attempted to accomplish here and I'm comfortable with that. I think we have discouraged the cut - through traffic enough. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I'm just concerned about one thing. You -- I think I'm hearing you say that you do not want to have a stop sign at that point and I guess my question is if we are successful about making this, essentially, a blind intersection, it would be uncomfortable not to have a stop sign or at least a yield sign or something there, because we are trying to make sure that the people that are going this direction don't see the people that would be coming from there and that, to me, requires a stop sign. Prather: Madam Mayor, Councilman, that is correct, the traffic -- we are trying to get truck traffic -- this is all about truck traffic versus any other traffic that might be entering in this -- from east -- from the west to east or from north to south. It is our opinion that the only time we are going to have truck traffic -- or vehicle traffic is early in the morning when everyone in Bear Creek is actually trying to access this light right here onto the freeway. In the evening we really think this is going to be minuscule, because we are making it very difficult for them to get in here, because of this little access right here. The only thing that we'd like to keep in mind is if truck traffic comes in this way to service the back of these mid range boxes, is that they have a chance to come in here and instead of swinging out this way, they may have a chance to come straight back out to Overland Road and, then, out to the freeway. At this particular -- at this particular junction, in the event that we need anything else in here, if we deem or if the city deems that necessary, we can do that at a later date, whether it be versus speed bumps or signs or whatever we might think necessary, we can do that at a later date. The stop sign that will be notated right here, we feel is sufficient to take care of the traffic or any other problems we might have. I'm not sure I answered your question. Zaremba: Well, yeah, I'm still not comforted that we are creating a conflict at this bent T and I agree with creating that conflict, I like this configuration and I think it solves the issues we were dealing with, but I'm just concerned that somebody leaving this stop sign can still get up some speed going around that comer and not be aware that there may be traffic coming from here, because we have visually made them not aware of that and I guess I still am in favor of having that second stop sign, even if it's only 200 feet away. • Meridian City Council September 4, 2007 Page 18 of 46 Prather: Well, actually, Madam Mayor and Councilman, from here to virtually what we see here is only -- it's not 200 feet, it's roughly about a hundred or less. We personally, along with -- with our PE, we think this distance here is really -- forgive me for the expression, but overkill. If we have traffic coming in from here, the only reason why they are back here is to -- to dock these buildings right here. We don't anticipate the traffic here. In the event that we do have people coming in from this -- from this particular light here to get into Bear Creek, say later in the evening, going home traffic, you know, they can come right in here to the stop light that's being put in right here and, then, just down. We don't anticipate that. What we might anticipate is traffic at 7:30 in the morning coming out of Bear Creek, this subdivision here, up, and in the event that they feel like they can't get out fast enough at this signal here to get down and to Meridian Road and up to the freeway, they might cross in here, but we have put a stop sign here and a stop sign here to -- to tell them that this is -- that this is not a road of easy access. Zaremba: Madam Mayor, again, I'm understanding that, but I'm not so sure there needs to be the second stop sign a hundred feet away, but I think there needs -- at least needs to be a yield sign or something that warns them that this, in fact, is an intersection, and we are -- Canning: Madam Mayor? Zaremba: -- they may not be aware of that and I hope that all the other things work and there isn't that much traffic there, but for the one guy that's going to come racing through that and already be irritated by the first sign and accelerating out of there, I think there needs to be some warning that this is an intersection and a yield sign is fine with me, but I would want something there. Prather: Madam Mayor, Councilman, at what point, Councilman, would you like that yield sign? Zaremba: Right where the second stop sign is indicated. I agree with this stop sign. What I'm objecting to is having no indicator there at all. I feel that stop sign should at least be a yield sign. De Weerd: Anna. Canning: Madam Mayor, Members of the Council, Councilmember Zaremba, perhaps instead of this -- I'm not sure that -- I think you're right in that this stop sign may be the more important one, because you do have this traffic movement where you can't see perhaps what's coming this way. We may not need the stop sign right here at the edge of the building and perhaps that's the one that moves up there. So, you would still have 0 • Meridian City Council September 4, 2007 Page 19 of 46 two stop signs, one here and one here. This stop sign would really just protect this travel lane, but it's likely not to be as busy as the one next to it. Does that make sense? De Weerd: But isn't that where the pedestrians were going to cross? Where -- James, where were the pedestrians crossing? Prather: Madam Mayor, currently the -- this stub street, Alaska, is at about this point and instead of bringing them here and, then, out to this traffic light, we can do that. That may not be the safest and we have a tremendous togography issue right in here, from probably about five feet from the low side down to our site. What we were considering is bringing them in here and bringing them around and, then, up to Overland this way in the event that they wanted to access the water park or anything else, Boondocks, or whatever else is over there, they can -- they would enter Boondocks from this point going north or in the summertime access to this point across into the water park. We are more -- we are more than happy to accommodate in any manner that is most efficient for -- for pedestrians to get from this area to access Overland Road, however that may be done. This point, again, I may reiterate, is probably not the most accessible. It may be crossing over the enclosure here, down, and, then, through a sidewalk right through this particular portion to Overland Road and, then, they can cross at whatever point they -- De Weerd: Well, then, it might make sense moving the stop sign closer to where those pedestrians would be crossing Bird: And that second one is there, Mayor. De Weerd: Yeah. Bird: The second one's right there. De Weerd: Uh-huh. Prather: At this particular point. Zaremba: Madam Mayor, not to recreate this whole thing, but I -- this is the one that's going to be signalized, am I correct? Prather: That is correct. Zaremba: I would have the pedestrians cross there. Bird: Yeah. And that's the one that goes into the water park. Prather: Correct, Councilman. 17J Meridian City Council September 4, 2007 Page 20 of 46 De Weerd: And, then, we will have a signal for walk and don't walk. Zaremba: Uh-huh. De Weerd: I guess to follow up on Director's Canning's suggestion, the difficulty removing that stop sign is, then, that my one example speeder is going to come roaring through here, has the opportunity to tum up this aisle and out here and miss all of the stop signs. So, my inclination would be to have the stop sign at the end of the building, a yield sign at this intersection, and the additional stop sign up there I think would be discouraging enough. Prather: Madam Mayor, that is -- Councilman, that's fine with the applicant. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I think that Mr. Prather has tried to -- and, you know, this is -- I don't -- he could put 50 stop signs in there and if a person wants to speed through, they are going to speed though. I think he's really tried and -- and I'm like Councilman Rountree, he's shut that back thing, that was the one I was scared of, because through traffic coming down and across like that, he's taken care of that, so -- and I think as this development progresses and you get tenants and stuff in there and find out what kind of traffic flow you're going to have, you can always add stop signs and everybody -- especially the owner is going to want a safe parking lot. I mean he don't want wrecks out there in his parking lot every five minutes or something, so he's going to do something right. So, I have no problem with what -- that deal. I do like the closer stop sign and -- I mean the other one you could eliminate and, then, put the other one -- I like that one taking it up there to the north, so that's my two cents. Prather: Madam Mayor, Councilmen, one of the reasons why we want to put a stop sign in here in, one, we have an opportunity to put it right in the landscape, because this full access is the access that comes across and it goes right in front of Lowe's and, then, eventually, will articulate down into Meridian Road. So, we feel that this is very appropriate, in the event that we get traffic in and heading north and, again, I only see this from 7:00 o'clock in the morning until maybe 8:00 o'clock at best. But I'm here to do what the Council deems appropriate. De Weerd: Me, too. So, Council -- Bird: Me three. De Weerd: -- what would you like to do? Meridian City Council September 4, 2007 Page 21 of 46 Bird: I'm like Councilman Rountree, I think you did a good job. Zaremba: Madam Mayor, my other comments aside, I do think this is a good project and has been well worked on and just for sake of discussion I would propose -- or are we ready for a motion? De Weerd: Yes. Bird: Just go for it. Rountree: We can talk for another half an hour. Bird: Well, we could talk for another hour. De Weerd: And you could change your mind a couple more times. Zaremba: Madam Mayor, I move that we approve AZ 07-009, to include all staff comments of the previous meeting and this meeting, with a couple little adjustments. The expectation that pedestrians will be taken to the signal at Overland. The expectation that the left-hand stop sign will stay in line with the building. That the stop sign just to the right of that will change to a yield sign. That there will be another stop sign approximately where the upper valley gutter or speed bump sign is, although not in the middle of the road where that indicates. And a tree where indicated. And that applicant may move the valley gutters and speed bumps where ever they wish. End of motion. And that those be incorporated into the findings and conclusions. Rountree: Second. De Weerd: I have a motion and a second. Any discussion? Bird: I have got one question for Mr. Prather before we vote. That -- if we go up that -- how much of that ground -- how much of that do you -- you don't own that roadway, do you, just -- the road -- do you own the west side? Prather: Are you referring to this -- Bird: Yeah. Doesn't Lowe's got -- Prather: I was once the owner of all this -- Bird: I know you were, but do you have control of it now? • Meridian City Council September 4, 2007 Page 22 of 46 • Prather: No, sir. Only inasmuch as that we have cross-over access into these points right here. To access this particular drive. Bird: Okay. Prather: And I have -- Bird: And are you responsible for putting in the sidewalks and the landscaping and everything on the west side of the road? Prather: I will be, sir. Councilman, yes, sir. Bird: That's my answer. So, we are okay with bringing the pedestrian up there. Zaremba: If I understand the question, you physically are able to put the sidewalk where we are talking about. Prather: Madam Mayor, Councilmen, inasmuch as the property line actually -- to where this landscape area is, that's where I own to this particular point right here and we have a reciprocal agreement with Brighton and Lowe's to access back and forth. So, where ever we deem -- where ever the Council deems amenable, we will cross over from this access from Bear Creek, if the Council would like, up this way and we will bring them right up through the light and, then, they can cross over or come down and access Boondocks however they would like. We are here to bring all of the residents in Bear Creek into this future development, whether they be on foot or whether they be in a truck or whatever means, we are here to get them into this project and where ever else they deem to want to go. De Weerd: Thank you. Any further discussion? Bird: I have none. Rountree: None. De Weerd: Okay. 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. Bird: Mr. Prather, are you ready to announce the grocery store yet? • Meridian City Council September 4, 2007 Page 23 of 46 is Prather: I am ready to announce some sort of a soft goods user there. More than ready, sir. Bird: It's a nice project. Prather: Thank you very kindly. Thank you. De Weerd: Whatever we can do to get a grocery store there. Bird: Whatever we can do to help -- De Weerd: You have our help. Bird: The Mayor would love to help you. Prather: Thank you. Zaremba: Her phone number is — Item 9: FP 07-027 Request for Final Plat approval for 11 commercial building lots on 18.47 acres in a C -G zone for Gardner -Ahlquist Subdivision by Ahlquist Development, LLC — Southeast Comer of Eagle Road and Franklin Road: De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I was going to make a motion. Let we continue the next. Actually, do you need to open it first? De Weerd: No, it's not a Public Hearing. You can go ahead and -- Zaremba: Madam Mayor, I move that we continue FP 07-027 to our regularly scheduled meeting of September 11th, 2007. Rountree: Second. De Weerd: I have a motion and a second to put this FP 07-027 on September 11 th's agenda. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. 0 • Meridian City Council September 4, 2007 Page 24 of 46 Item 10: FP 07-025 Request for Final Plat approval for 26 single-family building lots and 3 common lots on 5.17 acres in an R-8 zone for Portico Place Subdivision by Portico, LLC — north of East McMillan Road and east of North Locust Grove Road: De Weerd: Item 10 is FP 07-025. 1 will ask Anna if there are any issues. Canning: Madam Mayor, Members of the Council, we do have a letter from the applicant stating they are in agreement with the letters of -- or the conditions of approval. I do want to note that the applicant suggests a minor change to one of the conditions and staff is in agreement with that change. It's just -- staff had asked for something to be depicted on the plat. They have noted that they will depict it on the landscape plan, which is the appropriate place to depicted it, so -- De Weerd: Any -- any need for comment in the motion on that? Canning: I don't think so. De Weerd: I'm not sure what that meant. Canning: I think we are fine, Madam Mayor. De Weerd: Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 07-025. Borton: Second. De Weerd: I have a motion and a second to approve Item 10. 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 11: Continued Public Hearing from August 14, 2007: PP 07-011 Request for Preliminary Plat approval for 18 commercial building lots on 18.5 acres in a C -G zone, for Paramount Commercial Southwest by Ustick 0 Meridian City Council September 4, 2007 Page 25 of 46 Marketplace, LLC — Northeast Corner of North Linder Road and West McMillan Road: Request to be Continued to September 11, 2007 Item 12: Continued Public Hearing from August 14, 2007: MI 07-007 Request for a Miscellaneous application to Modify the Development Agreement to remove the Conditional Use Permit requirement for all commercial development in the C -G zone and instead require design review approval of all commercial development in the C -G zone for Paramount Commercial Southwest by Ustick Marketplace, LLC — Northeast Comer of North Linder Road and West McMillan De Weerd: Okay. Bird: Madam Mayor? De Weerd: Yes. Bird: Oh. Go ahead. De Weerd: Items 11 and 12 are continued public hearings from August 14th. These two items have been opened. They have been requested to continue to September 11 th. Do I have a motion? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we continue Items 11 and 12 to until September 11th. Zaremba: Second. De Weerd: I have a motion and a second to continue Items 11 and 12 to September 11th. All those in favor say aye. All ayes. Motion carnes. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: PP 07-013 Request for Preliminary Plat approval for 11 building lots and 2 common lots on 26.35 acres in an I -L zone for Kennedy Commercial Center by DBSI Meridian 184, LLC — 1250 West Overland Road: De Weerd: Item 13 has also been requested to continue. I will open this Public Hearing on PP 07-013 and request a motion to continue. 0 Meridian City Council September 4, 2007 Page 26 of 46 Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. • Bird: See if I can get it right this time. I move we continue Public Hearing PP 07-013 to September 18th, 2007. Rountree: Second. De Weerd: I have a motion and a second to continue this item to September 18th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: AP 07-008 Request for City Council review for an Appeal of the Planning and Zoning Commission's decision limiting the hours of operation from 5:00 a.m. to 11:00 p.m. for Anytime Fitness located in an L -O zone district within Sundance Subdivision No. 5 by Dave Evans Construction — 3220 North Meridian Road: De Weerd: Item 14 is a Public Hearing on AP 07-008. 1 will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Anytime Fitness project. It's located on the northeast comer of Meridian Road and Ustick Road and it's currently zoned L -O. The application before you tonight is a City Council review or an appeal of a Conditional Use Permit that was approved by Planning and Zoning Commission. So, the task of Council tonight is two fold. To consider the conditional use application, because this is the full new hearing, and to also consider the conditions that the Planning and Zoning Commission placed on this project. The proposed project -- oh, I did want to point out on the vicinity map that there is a stub into this -- a stub street from a residential neighborhood into this Sunset -- Sundance Subdivision No. 5 and this a lot within that subdivision. They also have access to -- via drive aisles to both Meridian and Ustick Roads. So, the public street access comes from the east and, then, you will see the drive aisles -- this is a very difficult site plan to read, but you see the drive aisles coming in from -- just Ustick in this case. The access to Meridian is further north. The Conditional Use Permit was for a 24 hour fitness center within a 4,750 square foot single story building and that building is already under construction or it has been approved for construction. This would be a -- basically a tenant improvement within that already approved structure. The site is .91 acres and it is currently zoned L -O. Indoor recreation facility is a conditional use within the L -O district and it is located on Lot 10 of Sundance Subdivision No. 5. So, here we can see better the -- the access points and the landscaping and here is the structure. At the August 2nd, 2007, Planning and Zoning Commission meeting the Commission approved the Findings for Anytime 0 Meridian City Council September 4, 2007 Page 27 of 46 0 Fitness Conditional Use Permit. At that hearing the Commission required a condition limiting business operation on this site between the hours of 5:00 a.m. and 11:00 p.m. Due to the limitations of this condition the applicant Dave Evans Construction has filed a Council review appeal to review this condition of approval, but, again, it's not just that, it's also the use in general. So, the Commission recommendation was really a final action on their part, but it was for approval and at that hearing Travis Burrows representing the applicant spoke in favor of the application. Resa Brown, one of the neighbors, spoke in opposition and we also received written testimony from Vance Barber. The key issues of discussion by the Commission were the facility security and disturbance to the surrounding residential neighborhoods and, then, the 24 hour operation in the L -O zone. As you may recall over the years it has been very common for the Planning Commission to either recommend conditions or require limited hours of operations within that L -O zone. Key Commission changes to staff recommendation were that they added a condition 1.9 limiting the hours of operation to between 5:00 a.m. and 11:00 p.m. Since that initial hearing we have received written testimony supporting the Commission's decision to add that condition of approval and those letters came from Resa Brown and Vance Barber, who also provided testimony at the original hearing. So, the outstanding issues before City Council are two fold. I suppose the primary one is should the use be approved and the secondary one is should the hours of operation be limited for this business. So, with that I will answer any questions. The applicant is prepared to give you more details on the use itself, but those are the highlights of the Commission findings. De Weerd: Council, any questions for staff at this time? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: And, Director Canning, I guess this view shows it, so I will discuss with this view. At the time this came before the Planning and Zoning Commission I was there and there was a great deal of discussion about the accesses to Ustick and part of the reason that we -- in the recommendation of making this an L -O zone that this public roadway needed to continue on into the site, was that I believe both ACHD and the staff believed that some time there would be no access to Ustick from this site and I believe it was either part of the development agreement or Conditional Use Permit for this whole rezone, that they be prepared to give up all access to Ustick and even though we would allow them for now, that they would understand that those were not permanent. I, actually, have thought that this one had been denied outright and that this one farther east was the one that they were understanding was only temporary and that they eventually would have to use this street as their only access. So, I guess my question is I'm surprised to see that there is an access here at all and, then, my further comment is the original application was with the understanding that they may lose all access to Ustick and I guess I'm asking am I remembering that correctly. • Meridian City Council September 4, 2007 Page 28 of 46 0 Canning: Madam Mayor, Members of the Council, I do remember discussing a temporary access to Ustick or McMillan, but I don't believe it was on this project. I think that the actual access point is over here. So, here is the Anytime Fitness building. This is the access point. I don't believe it's temporary. The issue we have with temporary is they are so difficult to make them be something less than temporary -- or to be less than permanent over time, because there is just no money there to make them go away. So, I think ACHD did approve this as an access and, then, the other access point is on the very north property line, as I recall. And I'm not -- unfortunately, this one doesn't show the full site, but on the paper drawing I have in front of me I do not see a drive aisle. This looks like a drive aisle and that was from the original Sundance plat, but that one is not being used as an access. It's further north. And the applicant may be able to tell me if I'm wrong, but he's nodding, I think I'm correct on that one, but -- Zaremba: Just to clarify, Madam Mayor. I'm sorry. And Director Canning. Just to clarify for me. There is another slide that I think followed this one. Yes. That one. And it sounded like you were indicating that that was an access to Ustick -- Canning: Yes, I was -- Zaremba: -- right at the end of their building. Canning: -- I was misspeaking. I couldn't read that first one. I'm not sure what this is showing, other than it's showing the landscaping around the building. Zaremba: If that's a pedestrian access I'm comfortable with it. If it's a vehicle access I question it. Canning: It is not a vehicle access. Zaremba: Then, I'm fine. De Weerd: Anything else? Zaremba: No. That was it. Thank you. De Weerd: Thank you. Is the applicant here? Canning: And, Madam Mayor, while the applicant's coming up, this is the parking aisle. It's not striped, so -- but I have got this figured out now. So, this is part of the parking aisle and, then, you would drive up that way. So, this is the sidewalk around the building and, then, these are just the plantings around the building and finishing out the rest of the parking lot. n LJ Meridian City Council September 4, 2007 Page 29 of 46 De Weerd: Thank you. Burrows: Madam Mayor, Council members, Travis Burrows of Dave Evans Construction. 7761 West Riverside Drive. Travis Burrows with Dave Evans Construction. 7761 West Riverside Drive in Boise. Just further clarification. That does -- is the perimeter of the building here and this is the sidewalk access, pedestrian access, which would tie into the -- this is existing bermed landscaping that's here and the notes would say that it would coordinate -- tie in with the new landscaping at the perimeter of the building with the existing and there is a pedestrian -- there is a sidewalk that runs out here to this comer, as well as running north at this point. So, just further clarification on that. The application originally submitted was a Conditional Use Permit for -- it was an indoor recreation facility that was 4,750 square feet in an L -O zone and the facility that will be occupying that space is Anytime Fitness, which is a national franchise, and they do run a 24 hour facility. That is their standard model that they run. They have, you know, several -- actually, quite a few hundred facilities across the country and they run very tight security with the cameras, the key cards, access cards for the members. They have their indoor security device that the members can choose to wear around their neck if there were any type of emergency and they could push the button. The response time -- I'm not sure of the location of the fire department and police in proximity to this vicinity here, but I understand in a few other locations the response time is very quick. The Planning and Zoning department did feel that this would be a nice addition to the neighborhood. The model of Anytime Fitness is also to be within very close proximity to neighborhoods that the majority of their members live within a mile radius of that facility and being right next to a city park, as well as several neighborhoods in that area, and with the adjoining access through the neighborhood into this development there, it would allow for a lot of pedestrian and bicycle use, rather than vehicular use. With the hours of operation, the rest of the commercial uses in this development generally run at 8:00 to 5:00 business hours and there would be kind of an off hour and shared use with the parking. That's already written in the CC&Rs in the development is shared cross -access and shared parking and I guess I'd stand for any questions at this point. De Weerd: Council, any questions? Bird: Madam Mayor, I do have some questions. Talking about 24 hours. I'm looking at the elevations here and I can't tell. What -- you have got some second story windows or -- I don't think you're probably second story, but at least you have got some dormer windows. How high up are they? Burrows: Looking at the elevations up here, approximately the top of these windows is about seven and seven a half feet and the ceilings are vaulted in here and so these would be probably another five, six feet above that. Bird: How about your dormer over there? 11 Meridian City Council September 4, 2007 Page 30 of 46 i Burrows: This would just be -- it would be vaulted again. This is the entry. You can see it from -- Bird: No. I'm talking about the dormer window. Right there. Burrows: Oh, this dormer would just allow for additional light. You can see it coming from this side as well, just through -- I guess in a sense a sky light. Bird: Are you going to -- are you using tinted, opaque, any -- or just clear glass? Burrows: No. They would be a darker -- let's see, this is north -- Bird: They would be a tint? Burrows: They would. I believe on the west elevation, which we are not seeing here, the west and south along Ustick and Meridian Roads, those would be -- I'm not sure if we have decided on tinted or mirrored at that point to help with the evening sun, as well as, you know, heat and those -- Bird: Because I'm sure some of the concerns of the opposition is light flashing out in their surrounding homes and stuff, but that isn't very high and there isn't a whole lot of them, so -- thank you. You answered my questions. De Weerd: I guess I would have a question. I believe I saw the answer somewhere in here, but this is not 24 hour staffed. Burrows: That's correct. De Weerd: And you're depending on response times from our police and our fire or do you have a private security firm if there is a security issue? Burrows: I don't believe there is a private security involved. It would be the fire department and police department that would -- De Weerd: So, if it's not a medical call and they hit a panic button and our police are on higher priority calls, those calls remain unanswered, then? Burrows: I believe that would be the case. De Weerd: That would be a concern. Bird: Madam Mayor? • Meridian City Council September 4, 2007 Page 31 of 46 De Weerd: Yes, Mr. Bird. Bird: Follow up to your question, then. What hours are you going to staff? Burrows: I might -- can I defer to the -- the clients may be able to answer quite a few of these questions more thoroughly than myself. De Weerd: Okay. Thank you. Hi. Nelson: Hi. Madam Mayor, Councilmen. De Weerd: If you will, please, state your name and address for the record. Nelson: Genesis Nelson. 2688 North Springtime Way, Meridian, Idaho. De Weerd: Thank you. Nelson: Sony, what was the question? De Weerd: The question was what are your hours that you have staff on site. Nelson: Our general staff hours are about 10:00 a.m. to 6:00 p.m. We also have personal trainers that sometimes work early in the morning or late in the evening. Depends on what their schedule is with their clients. They make their own schedule. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: In other words, they are not there every morning at 5:00 o'clock or -- if they are scheduled they could be there, but they could not be there. Nelson: Right. If they have appointments, then, they would be there at 5:00 o'clock that day. Bird: So, if something happened -- the Mayor did a good point that something happens out there our fire department, yeah, they are right around the corner and could respond real fast, but if it's a non-medical and our police, they could be out on another call or, you know -- man, I -- you guys run these all over the country without staff there? Nelson: Yes, sir. There are current -- there are over 450 of these clubs -- it's just simply not something that happens very often. We train our members, they get a thorough consultation orientation with the facility, how -- where the panic devices are located. We have signs posted that say these are for emergency use only. You know, • Meridian City Council September 4, 2007 Page 32 of 46 is we train them not to play with their -- you know, they are not a toy. If something happened that is an emergency, push the button. Bird: What about the guests? Nelson: There are no guests allowed during non -staffed hours. Zaremba: Madam Mayor? How would you monitor that? How would you know whether somebody's bringing a guest with them or not? Nelson: Well, we don't really have a way of busing them on site, but we do have what -- we call -- it's called the tailgate system and if more than one person will come through the door, it sends an alarm to our computer and we will know about it first thing in the morning and it's something that -- another thing that we go over very thoroughly with our members, you're not allowed to bring somebody in with you. If you do you could lose your -- all of your membership privileges. It's a very high tech operating system. It's been tested and tried, it's been used for five years, there are I don't think any incidents of anything bad happening in five years. As far as criminal activity, we have cameras, everything is video recorded and our members know that, we make them aware, you know, this is your responsibility and it's actually -- it's opposite from the way that you would think that people might take advantage of it, because we are not there, but in actuality they will have a key that gives them access. It's a computerized magnetic key, so we know who is there all at times. They know they are being recorded and that gives them a sense of responsibility and so what we see is I could actually leave stuff out and it will still be there the next day. It gives our members -- they feel a sense of responsibility, since they have the key to get in the place and they know they are being watched. It's simply not an issue. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: What facilities do you have there? Do you have dead weights, machine weights I'm sure, swimming -- do you have a pool? Nelson: We don't have swimming, sauna, steam room, anything like that, where people could really hurt themselves. We do have cardiovascular equipment. We have circuit training weight equipment and we do have free weight equipment. Something that we don't have is like an olympic style bench, which is probably what you're thinking about, because somebody could just have the bar and drop it on themselves. That's a piece of equipment that we do not have. We have -- we have it set up where they can do the same exercise, but it has safety bars on both sides, so they can't drop it on themselves. Meridian City Council September 4, 2007 Page 33 of 46 Bird: But nobody there to spot for them or anything like that, unless they have a partner? Nelson: Right. It has a built-in spotter. Our machine has -- has a bar on both sides that act as a spotter for you. Bird: Okay. Thank you. Nelson: You're welcome. De Weerd: Do our police or fire have any concern or comments they wish to add to this discussion? Basterrechea: Well, I guess, obviously, one of the biggest concerns is access of people who are nonmembers and those possibilities. That's certainly a liability that the company takes upon itself. I do know that there is one of these out in Kuna. I don't know if it's the same company, but it's very similar, and there have not been any incidents out there that I know of as far as any problems. It's well lit. Those would be the only concerns we have. Obviously, if there is a panic alarm, if that is -- if it's actually a panic alarm that would actually end up being a priority for the police for response. So, that would become one of the highest priorities that one of our officers would respond to. So, I don't really see that being an issue as far as police response time. Zaremba: Madam Mayor? Is there any kind of a knocks box or anything that would allow police and fire access? Nelson: There is always a -- yes. Absolutely. There is a knocks box always. We have -- in response to that, we do, we have -- we have a club in Kuna and we have a club in Nampa also and haven't had any issues with problems. Zaremba: Thank you. Johnson: And Madam Mayor, Councilman Zaremba, yes, all commercial buildings are required to have a knocks box for fire entry, so -- and we can also work with the police department on that. I wouldn't see any real major concern with this from the fire and EMS standpoint. It would be no different than someone working out in their own garage with weights or something by themselves. Where they have the panic button to get help that might even be an advantage over someone working out in their garage. Rountree: Madam Mayor? De Weerd: Mr. Rountree. • Meridian City Council September 4, 2007 Page 34 of 46 • Rountree: Question for Chief Johnson. What would fire code allow in terms of number of occupants in a facility this size at any one time? Johnson: Madam Mayor, Councilman Rountree, it would depend on the fire code and, unfortunately, I don't have it in front of me, but it would be posted based on the occupancy use per square footage. I can get with Chief Silva and get that answer to you. Rountree: Thank you. De Weerd: And there is -- you know, I guess this just baffles me and I'm -- typically think I'm an out-of-the-box type of thinker, but why you haven't had concern from the public on this kind of practice -- and I guess I'm looking at this business using taxpayer supported EMS and public safety people as your employees. I just -- I'm struggling with this concept and I don't want to be close minded to it, but, you know, one of the greatest risks at fitness facilities is the potential harm those of us that are trying to get in shape really pose to ourselves and by having the staff member there that gets them out of a particular situation without calling out city staff every time, you know, I don't know, I'm struggling with this one, so -- don't you have any concern from Nampa or Kuna on the use of -- I mean you're not restricting one person in there at one time, so you can have two paying members that are doing things that they shouldn't be doing, because they are both allowed in there. I'm sure you don't have cameras in the locker rooms or the changing rooms or the bathroom stalls. Nelson: Unfortunately -- actually, we do not have cameras in there, but how we monitor that is we have private shower rooms. We don't have locker rooms. So, you lock the door behind you and that's how we protect our members that way. And I do understand your concern. However, if it had been an issue at any of the other 450 clubs that are open, then -- you know, then, I would give it a lot -- you know, a lot higher merit as far as reality, but the reality is we really train our people not to use the panic buttons unless it's an emergency and not to overwork themselves when they are all alone to a point where they would have an emergency. And so it hasn't been an issue, so -- I mean that's really the best way that I can answer that is it's not common, it's not -- we are not calling the police or the fire department all the time and, frankly, we have a lot of police and fire department that are members of our club. One of -- we ask members what is the thing that you like most about Anytime Fitness and the answer is -- there is two answers. It's close to home and it's the hours of availability. We have a lot of members who might be a hundred pounds overweight and they are embarrassed or ashamed to workout in front of a lot of people, so they don't want to come in when there is, you know, 20 people. They want to wait and come in at midnight or 3:00 o'clock in the morning when there might only be one or two other people working out. And so until they get down to where they -- the way the want to be or feel comfortable working out around a lot of people and that is fairly common. • Meridian City Council September 4, 2007 Page 35 of 46 Bird: Madam Mayor? De Weerd: Mr. Bird. • Bird: I wish you wouldn't talk about me, but anyway -- the problem I have is if -- and don't get me wrong, you have got all the facilities and I'm sure you're -- if you have got an insurance company that will write your liability and stuff, they are a lot smarter than I am. The only concern I have is the individual that goes in by himself -- maybe this don't ever happen -- has a heart attack on the treadmill or something, you know, like that and there is nobody there. Now, if you had a staff -- I'm sure within each facility you have one of those jump starters that -- these little kits that you could use, but as long as your insurance says it's fine and stuff and -- who -- what am I to say. I don't have no problem with it. I do have a problem, but not enough to stop it. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I have a question for Anna. And I know she's not been in Meridian as long as some of us have, but I'm trying to recall and I can't, but it seems to me we have been extremely consistent in Meridian as it relates to limited office zoning to limit hours of use. Am I correct at least in your tenure? Canning: Yes, sir. As long as I have been here, if there is any residential nearby there have -- generally there have been conditions placed particularly on the ones abutting residential. And this one is a relatively small parcel, so even though this lot itself does not abut the residential -- Rountree: Pretty tight. Canning: -- it's very close. Yeah. Rountree: Thank you. De Weerd: Any further questions from Council? Okay. Thank you. Nelson: You're welcome. De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Zaremba: Madam Mayor, I would comment, as has been noted before, that we have received some written testimony from neighbors that were opposed to especially the hours and because of that the use. Meridian City Council September 4, 2007 Page 36 of 46 De Weerd: Thank you. If you will, please, state your name and address for the record. Perot: Lynn Perot. 5410 North Terret Way in Boise. De Weerd: Thank you. Perot: Madam Mayor, Council Members, I think that part of -- and I read the copies of the letters from those residents. I think they have a perception that this going to be a big loud business that's going to bring people from miles around. It's not. It's a small club. It's there for the convenience of the residents, so that they don't have to get in their car and drive down to Gold's Gym that's -- you know, that brings more traffic out on the roads and takes them out to Eagle Road or to Fairview Avenue. These are very neighborhood oriented businesses and the thing that makes it so popular in terms of the 24 hour availability -- we have a lot of shift workers, Hewlett Packard, Micron, they particularly -- and keep in mind we are talking about maybe ten percent of the overall membership. This is not going to be some all night, middle of the night, party that goes on with, you know, tailgating in the parking lot. People come in ones and twos and quietly workout, either after work or before work and some people are off work at 3:00 in the morning. So, I -- their fear of this big noise and this big draw are unfounded and I think it's a wonderful addition to any neighborhood. It's an amenity. It's like one of those big complexes that have a clubhouse, you know, with weights that are for the residents of that subdivision. This is the same thing on a grander scale and I think if you -- do any of you live in that neighborhood? Not allowed to answer that? I think you would find that you'd really enjoy it. De Weerd: I don't. Perot: Okay. Oh, well, anyway, I just thought I'd throw that out there. So, I think there are a lot more benefits than not for this kind of use in this type of office campus, if you will. They are also the furthest from all the residents. They are right up at the intersection. And if the street noise that comes and goes through the intersection is not keeping people up at night, this won't either. So, I just thought I would throw that out there. It would be a very good thing to have this club in the neighborhood. Bird: Madam Mayor, can I ask her a question -- De Weerd: Uh-huh. Bird: -- maybe she can't answer it, maybe the other lady will have to, but I -- this is only a 4,000 square foot club. What kind of membership -- I mean you have got a 400 -- you've surely got something's that pretty close to -- Perot: Six hundred, eight hundred. 0 Meridian City Council September 4, 2007 Page 37 of 46 Bird: -- this area. Six to seven hundred? Perot: Six to eight hundred. It could max out at 1,500. De Weerd: Thank you. Any other questions? Bird: I have none. De Weerd: Okay. Thank you. Perot: Thank you. De Weerd: Please restate your name for the record. Nelson: Genesis Nelson. 2688 North Springtime Way. De Weerd: Thank you. Nelson: 1 just would like to address that, Councilman Bird. We could have up to maybe 1,500 members. It's not real likely that that's going to happen. And in our other clubs currently I did a check on the -- like the last week. Our average use is anywhere between 65 and like 85 members per day. And that's in a 24 hour period. Bird: Can I -- Madam Mayor, can I ask a question? Okay. You surely are keeping track. How many of those 60 or 65 members are between 6:00 and 6:00 -- or 6:00 and 10:00 let's say? Nelson: Sony, I need just clarification on the question. Between 6:00 and 10:00 -- Bird: 6:00 and 10:00 -- 6:00 a.m., 10:00 p.m., out of your 60 to 65 members a day how many of them participate at that time? Nelson: Boy, I didn't check between 6:00 and 10:00. Probably over half. Well, yeah. probably a little over half. Bird: So, 60 percent there and, then, from 10:00 to 6:00 -- 10:00 p.m. to 6:00 a.m. you have 40 percent? Nelson: Yeah. I have a record I can look at. What I tracked, actually, was -- because the conditional use originally had limited hours from 5:00 to 11:00. Bird: Okay. 5:00 to 11:00. Meridian City Council September 4, 2007 Page 38 of 46 Nelson: And during that is probably -- probably about -- more about 70 percent. Bird: And, then, 30 the other time? Nelson: Right. There is many people that need to come in before 5:00 o'clock in the morning. But they are going to get up at, you know, 3:00, 4:00 o'clock in the morning to come work. Bird: So, 30 percent in the off hours, 11:00 to 5:00, and if you had 1,500, that's 450 people. De Weerd: Mr. Bird, quit talking through your hand. Bird: Oh, I'm song. I'm just talking to myself. Nelson: But my point was that we have 700 members and out of 700 members we have an average daily use of 80, so only ten percent per day, because they don't -- everybody doesn't come every day. So, about ten percent per day are going to actually use the club. Bird: Okay. Eighty. So, in other words, 24 is using off hours. Twenty-four people if 30 percent are. Nelson: Possibly. Bird: Okay. Nelson: Over the course of that five hours or so. De Weerd: Any other questions? Bird: I have none. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Madam Mayor, Members of the Council, as you know, this is a conditional use request, so if you're going to structure any type of conditions, I think one of the concerns that I would like you to at least articulate, if the Council is of a mind to approve this conditional use as being requested, part of what Planning and Zoning wrestled with and why the ordinances are written such to limited hours and Councilmember Zaremba and probably Councilmember Rountree, as well as Madam Mayor remember discussions at Planning and Zoning about hours of operation, delivery of goods, cleaning of facilities, • Meridian City Council September 4, 2007 Page 39 of 46 11 the cleaning of the parking lots, I mean those are things when they are adjacent to neighborhoods that are very concerning to the Commission and this Council and that's why the hours of exist in our code. If the Council is of a mind to grant a 24 hour use, we would need to distinguish why this particular type of use would be allowed that, so that we aren't revisiting the same issue continuously over every other use that likes to operate and there have been numbers of occasions where businesses wanted to operate outside the hours of the ordinance for office uses that were contained within their office space, yet they would be off the times of the ordinance and they have not been allowed previously. So, if you want to grant this 24 hour use in this setting in an L- O adjacent to neighborhoods, you will need to come up with some distinguishable reasons why this is different than all the other ones that you will see in these types of business locations. De Weerd: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Director Canning, could I ask you to put back the slide that I think was the very first slide in your presentation. Yes, it would be that one. And thinking back to a time when there was an application to make this property something other than L -O, I think it was C -G, they wanted to put a gas station and several other uses on it. We got testimony at least at the Planning and Zoning Commission where I was at the time, we got testimony from a lot of these people, some of these people, a lot of these people, that they didn't want that kind of intensity, they didn't want a 24 hour business there and, consequently, the recommendation from Planning and Zoning Commission was not to change it from L -O. Apparently, the City Council agreed with that. Canning: Councilmember Zaremba, I don't think it ever got to Council. It didn't get to Council, they withdrew the application before -- Zaremba: They withdrew? Canning: Yeah. Zaremba: Okay. So, at any rate -- Bird: We've seen it as another -- Zaremba: There is a great feeling in the neighborhood not to have 24 operation in that vicinity, regardless of which comer it's on. And I would say I -- I understand the concept and I can see the need for a 24 hour operation and I'm intrigued by the high tech nature of it and the surveillance and all that. The question isn't whether it would be a good • 0 Meridian City Council September 4, 2007 Page 40 of 46 business for Meridian or in general, the question is whether this is the right location for it. And just to express a personal opinion, I support in an L -O zone having limited hours. That pretty well precludes a 24 hour business, but I would also suggest that locating this business in an area that would have more public surveillance on a 24 hour basis, such as any one of the comers at Ustick and Eagle, instead of Ustick and Meridian, I mean there is enough public traffic around there that anything going on in the parking lot would be monitored, there aren't any residents next to it, you know, I can see the need for this business and I would be excited to have it in Meridian, my instinct is this is not the right location for it. I can see as Meridian grows, as the clientele grows, there will be more and more pressure to run it 24 hours a day and since that's the type of business that it is it should be run 24 hours a day. Not in this location. And I think there are better places that it could go and run 24 hours a day. I support the ordinances that do require limited hours in an L -O zone, particularly that close to residential. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'm going to be the ugly duckling on this, because I think that's a very good location for a deal, because we are -- we are the biggest complainers about traffic on the roads and if you move it down to Ustick and Eagle, you have people traveling a mile and a half, two miles in their cars. Right here you have, I would guess probably three, four, five thousand people within walking distance and I'm sure that's the reason they selected the site. I don't have any problem with the site. I have -- I have a problem with the hours, but I can also understand very much why they need the 24 hour or want the 24 hours, if 30 percent of your people are coming in at that, but they would have to prove to me between 5:00 and 11:00 -- I don't know of any shift workers that can't participate between 5:00 and 11:00, whether you're on day shift, night shift, or graveyard shift. 1 mean swing and graveyard. You would -- there is still a time between 5:00 and 11:00 that you could come and workout. That's -- but I have no problem with the location. I think it's a very good location. De Weerd: I guess, Councilman Bird, I would agree to you on public record that -- Bird: Mark that down. De Weerd: I know. I know. On public record. To a certain degree. You know, the neighborhood retail or neighborhood office -- this is -- this is the kind of thing it should be, when people should be out walking the roads or driving them. You know, the time that we are talking about, the concern in going against what we have established as pretty tight parameters in the L -O zone are really not when people are going to be walking there and it's not really a time where there is a lot of congestion and it is a time when there are 24 hour facilities in regional shopping areas that do have staff 24-7. So, you know, those things do exist. I love the location for it. I -- I just can't get over the 0 Meridian City Council September 4, 2007 Page 41 of 46 0 hours of operation and the concern of the neighbors that are tied to it and the precedence and the difficulty in distinguishing this to something else in the L -O. We don't allow deliveries between those times, we have been very conscientious about that. There are neighbors just directly across the street and those neighbors were the ones that were concerned about the southwest comer of Ustick and Meridian Road and what kind of hours could potentially be going on at theirs. So, you know, I guess -- I love the idea of the fitness center and the neighborhood scale, I just struggle with the hours, I'm sure, just like the residents do. Any other comments? Otherwise, we will ask the applicant for wrap-up remarks. You can consolidate them or -- if you will restate your name and address for the record. Burrows: Travis Burrows of Dave Evans Construction, 7761 West Riverside Drive in Boise. Unfortunately, the hours -- the limited hours of operation would not allow this business to be in this location, being the national franchise, they are not allowed to change the business model, which is a 24 hour operation. Again, just kind of restating that this location would be ideal for every neighbor -- well, all of the folks in every neighborhood here. There is adequate sidewalks, pedestrian usability, bikes. The location of this building -- it's kind of hard to see. This was the original lot as when we first submitted this. It's been replatted since this application and the building that sits approximately right in this little portion here and we have -- I believe there is a pad site here and a dentist right at this location and, then, this entrance is the other -- no. I'm sorry. This is the entrance off of Ustick and this would be the one off Meridian. So, it is in approximately this location. The other buildings in this would line -- this portion of the property and was stated by Planning and Zoning during that Public Hearing, that it would, essentially, create a buffer between the neighbors to the north and to the east here and with these -- not so busy, but I believe they were -- I don't know if they were arterial roads or collectors or what the term was for those -- with the newer stop light at this location, that stop light is going to be quite a bit brighter than the lights on the building -- in the building. We have the recessed can lighting, which is similar to what's above you, will be in the soffets and the perimeter of the building and will be facing down on the building itself and the landscaping at the perimeter there, with the tinted windows or mirrored, which ever we have -- have gone with, it's not going to allow a lot of light to leave the building. You will be able to see that there is something happening in there in the evening, but it's not going to shine into the neighborhoods across the way. And with the proximity to the neighborhoods we believe that it will reduce the amount of vehicular traffic in there because of the access for the pedestrian and bicycles and, again, unfortunately, this business will not be able to operate there if -- without being allowed the 24 hour use. Any other questions or comments? De Weerd: Any other, Council? Okay. Thank you. Okay. If there is no further discussion, Council, I would entertain a motion to close the Public Hearing. Borton: Madam Mayor? Meridian City Council September 4, 2007 Page 42 of 46 De Weerd: Mr. Borton. Borton: I would move we close the Public Hearing on Item 14, AP 07-008. Zaremba: Second.. De Weerd: I have a motion and a second to close the Public Hearing on Item 14. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Council, is there any further information needed or do I have a motion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I don't know which Council Member said it, but I agree with whoever did, that this is a -- it's a great business model and it's all or nothing with regards to the hours of operations and I can tell you I'm probably one of the first ones actually using this thing after meetings that go late and I think it's wonderful and is definitely needed in the city. It can be very successful. But I do not agree that this location works, because of the hours of operations and its proximity to the residential development. I don't -- I can't reconcile that concern. It's consistent with restrictions on other uses which in a vacuum might seem appropriate to extend beyond the L -O operation hours that are permitted. I can't make the exception that would justify approving this CUP. I do think it's fantastic, I think it needs a different location, I think it will be successful in the city, but I'm not comfortable approving it and I couldn't vote to approve as is in its current location. De Weerd: Okay. Mr. Rountree. Rountree: Madam Mayor, my comments are similar to Councilman Borton's. Very simply it seems to me that this is a request to change what we have been very consistent in in Meridian in terms of L -O and that's limiting office hours. I don't know of a place or a time in about 24 years where we have done that. So, for that reason alone I agree with the Planning and Zoning Commission in terms of limiting hours and apparently limited hours is a deal breaker and if that's the case, then, there is really no point in taking action on the Conditional Use Permit, but we will have to one way or another. I really don't have a problem with the use, I just have a problem with the timing. De Weerd: Okay. Council, do I have a motion? Borton: Madam Mayor? • Meridian City Council September 4, 2007 Page 43 of 46 De Weerd: Yes, Mr. Borton. 0 Borton: With help from Anna or Bill, is it the Conditional Use Permit itself or -- clarify again what's the specific deciding point. Is it hours of operation and the permit? Nary: Madam Mayor, Members of the Council, what you have in front of you is an appeal of the Planning and Zoning Commission's approval of a Conditional Use Permit. When you appeal that decision, then, it is a new hearing in front of you, so you can grant the conditional permit with the same conditions that were granted by the Planning and Zoning Commission with those limited hours that are found in the ordinance or you can -- and, then, deny their appeal, which they have appealed that specific finding that limited their hours. Or you could -- well, I guess you could grant their appeal, but it doesn't sound like that's what you want to do. Or, thirdly, you could deny their Conditional Use Permit, but the state statute does require -- and they have told you that would be, essentially, what you would be doing -- the state statute requires that if you do that, then, you have to list the reasons of what they could do to be approved. So, I guess those are your three options. Borton: Okay. De Weerd: Mr. Nary, the Conditional Use Permit, though, would be tied to this particular use and application. Nary: Madam Mayor, yes, that's correct, it would be. De Weerd: So, if it was approved, the applicant said this didn't meet their business model and someone else would come, they would have to go through that CUP process over again? Nary: Madam Mayor, Members of the Council, the conditional use, if you approve it, then, those conditions stay with that conditional use, but it can change ownership, as long as it's the same use. De Weerd: Okay. Bird: Yeah. And they agreed to the hours; am I not right? Canning: If those hours are in the conditions of approval, then, yes, those would still apply. De Weerd: Okay. Borton: Madam Mayor? 9 Meridian City Council September 4, 2007 Page 44 of 46 De Weerd: Mr. Borton. 0 Borton: I would move that we affirm the decision of P8Z in its approval of the Conditional Use Permit, inclusive of the limitations on the hours of operations, which I guess thereby also is a motion to deny the appeal concerning the hours of operation for Anytime Fitness. Rountree: Second. De Weerd: Okay. I have a motion and a second as stated. Any discussion? Mr. Berg. Roll -Call: Bird, nay; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 15: Ordinance No. 07-1335 : AZ 07-004 Request for Annexation and Zoning of 2.48 acres from RUT to an L -O zone for Locust Grove Professional Office Building by Ruby/Edwards: Architecture + Design — 1695 South Locust Grove Road: Item 16: Ordinance No. 07-1336 Annual Appropriation for 2007 / 2008 Fiscal Year Budget: De Weerd: Okay. Thank you. Item 15 is ordinance 07-1335 and Item 16 is ordinance number 07-1336. Mr. Berg, will you, please, read these two ordinances by title only. Berg: Madam Mayor, I'd like to, but I'm only going to read ordinance 07-1335. De Weerd: Okay. Nary: Madam Mayor, Members of the Council, I had discussion with my staff today. We did not have the ordinance for the budget for tonight, we had it for the 18th, but I think that's just the reappropriation ordinance, so we moved it up. We will have the budget ordinance on next Tuesday for your approval, so it can be published before the end of the month. I just want to verify, Mr. Berg, is there any other concern -- I know you expressed another concern about having to assert the approval that the budget has gone through, it just hasn't been approved by ordinance. If that's problematic -- I mean I guess our only other alternative is a special meeting and I would defer to you, Mr. Berg, if that's the case. I'm sorry we didn't get it done. We thought it was on the later date that we needed to have it done and that's our error, but whatever you think, Mr. Berg. • Meridian City Council September 4, 2007 Page 45 of 46 11 Berg: Madam Mayor, Members of the Council, I just have to fill out the L2 form and I think you have approved the numbers, which means I can fill in the blanks and get that sent to the county by the deadline. De Weerd: Okay. Does that work? So, you can put this on next week. Okay. So, if you will, please, read just Item 15 by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 07-1335, an ordinance for annexation of property being a portion of the northwest one quarter of the northeast one half of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to L -O in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you. You have heard this read by title only. Is there anyone who would like to hear it read in it's entirety? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance 07-1335 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve this item. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. We are at the end of our agenda. Is there any further business? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Observing that Ralph has already left, I move we adjourn. • Meridian City Council September 4, 2007 Page 46 of 46 Bird: Second. De Weerd: All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:00 P.M. (TAPE ON FILE OF THESE PROCEEDINGS, ) r- MAYOPIKMMY de WEERD SEAL TTES moi, � Vv a \ 0 '? / --,q- 5,-1 DATE APPROVED AM G. BERG JR.(/CITY CLERK August 31, 2007 MERIDIAN CITY COUNCIL MEETING September 4, 2007 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of August 14, 2007 Pre -Council Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • August 31, 2007 RZ 07-011 MERIDIAN CITY COUNCIL MEETING September 4, 2007 APPLICANT Tealey's Land Surveying ITEM NO. 5-B REQUEST Findings for Approval — Request for a Rezone of 0.77 of an acres from C -C to O -T zones for Shaylee Estates — 1402 & 1414 North Meridian Road 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: MERIDIAN SCHOOL DISTRICT: err, 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: Contacte Date: f 7 Phone: Emailed: Q S . c -a S aff In ials: Materials presented at public meetings shall become properly of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER C� J C In the Matter of Request for Rezone of 0.77 of an Acre from C -C (Community Business) to O -T (Old Town); Preliminary Plat of 2 Office Building Lots, 6 Single-family Residential Building Lots, and 1 Common Lot on 0.77 of an Acre; and Conditional Use Permit to Construct 6 Townhomes in a Proposed O -T Zone that do not Meet the Criteria of the Downtown Meridian Design Guidelines, for Shaylee Estates Subdivision by Tealey's Land Surveying & Marc Johnson. Case No(s). RZ-07-011, PP -07-010, & CUP -07-010 For the City Council Hearing Date of: August 21, 2007 (Findings on the September 4, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 21, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 21, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 21, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 21, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-011, PP -07-010, & CUP -07-010 Page I of 5 11 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of August 21, 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 Rezone to O -T as evidenced by having submitted the Legal Description & Exhibit Map, stamped on February 2, 2007 by Patrick Tealey, is hereby approved per the Development Agreement provisions; 2. The Applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat, dated March 2007, is hereby conditionally approved; 3. The Applicant's Conditional Use Permit as evidenced by having submitted the Site/Landscape Plan, dated March 13, 2007, is hereby conditionally approved; and 4. The site specific and standard conditions of approval and Development Agreement provisions are as shown in the attached Staff Report for the hearing date of August 21, 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-011, PP -07-010, & CUP -07-010 Page 2 of 5 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. 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. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-011, PP -07-010, & CUP -07-010 Page 3 of 5 • 0 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 August 21, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-011, PP -07-010, & CUP -07-010 Page 4 of 5 �7 By action of the City Council at its regular meeting held on the 2007. C-1 4--'= day of COUNCIL MEMBER DAVID ZAREMBA VOTED O!�A- COUNCIL MEMBER JOE BORTON VOTEDe�� COUNCIL MEMBER CHARLIE ROUNTREE VOTED__� COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED MAYO \\ , „die WEERD �Q ATTEST: e � WILLIAM G. BERG, JR., CLERK:; 7- 1, ITT Co d u Copy serveupon: Applicant JP'PPPIIPII 11111\\\\\\ Planning Department ublic Works Department ✓ City Attorney By: Dated: Cl- 10'01 i Jerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-011, PP -07-010, & CUP -07-010 Page 5 of 5 CITY OF MERIDIAN PLANNINAARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 STAFF REPORT HEARING DATE: August 21, 2007 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: Shaylee Estates r1rWrV nF, Ilk0A_f6 v • RZ-07-011 Request for Rezone of 0.77 of an acre from C -C (Community Business) to O -T (Old Town), by Tealey's Land Surveying. • PP -07-010 Request for Preliminary Plat approval of 2 office building lots, 6 single-family residential building lots, and 1 common lot on 0.77 of an acre, by Tealey's Land Surveying. • CUP -07-010 Request for Conditional Use Permit approval to construct 6 townhomes in a proposed O -T zone that do not meet the criteria of the Downtown Meridian Design Guidelines, by Marc Johnson. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST Tealey's Land Surveying has applied for a Rezone (RZ) of 0.77 of an acre from C -C (Community Business) to O -T (Old Town). A Preliminary Plat (PP) is also requested for approval of 2 commercial office building lots, 6 single-family residential building lots, and 1 common lot on the property. Concurrently, Marc Johnson is requesting Conditional Use Permit (CUP) approval to construct 6 townhomes in the proposed O -T zone that do not meet the criteria of the Downtown Meridian Design Guidelines (DMDG). Per UDC 11 -2D -4D3, any applications that do not meet the criteria in the DMDG shall be subject to a CUP. The CUP request is only for the six easterly, single-family building lots; any future renovation of existing structures will be done under the requirements of the O -T district and will be subject to compliance with the DMDG in effect. The site is located on the east side of N. Meridian Fairview Avenue. The site consists of two properties Meridian Road. Currently, there are two single-family site. The subject property is currently located within corporate boundaries of the City. 2. SUMMARY RECOMMENDATION Road, approximately 1/a mile south of E. currently addressed as 1402 and 1414 N. homes and associated outbuilding on this the Urban Service Planning Area and the 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 and Preliminary Plat applications. Staff is recommending approval of the proposed Shaylee Estates development (RZ-07-011, CUP -07- 010, & PP -07-010) with the conditions listed in Exhibit B of the Staff Report. Shaylee Estates RZ PP CUP PAGE 1 CITY OF MERIDIAN PLANNINAPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 The Meridian Planning & Zoning Commission heard these items on June 7, 2007 and Julv 5 2007. At the public hearing on July 5, 2007 they moved to recommend approval to City Council of the subiect RZ, PP. & CUP requests. a. Summary of Commission Public Hearing: i. In favor: Andrew Davis, BRS Architects (Applicant's Representative); Mark Johnson (Owner/Applicant); Bond Campbell (property owner to south) ii. In opposition: None iii. Commenting: Susan Hadley iv. Written testimony: None V. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. Construction of a private street and sidewalk from Meridian Road to the townhouse units on Lots 2. 3. 4, 6, 7, & 8, Block 1: ii. Location of trees within the common lot on Lot 5. Block 1 outside of the future sewer easement c. Key Commission Change(s) to Staff Recommendation: i. Modify condition of approval #1.2.2 to state that no new trees may be located within the sewer easement. However, the trees may be located on the common lot if they are outside the easement; ii. Strike condition of approval #1.2.10, which requires a 25 -foot wide buffer adiacent to Meridian Road (buffer is not required in the O -T district). d. Outstanding Issues) for City Council: i. Update: Since the Commission hearing, the Applicant submitted a Certificate of Zoning Compliance application for Talon Construction approved the repuest i. In favor: Marc Johnson (OwnerjApplicant), Bond Cambell I !!po-tmA1_!_• Commenting: None ix. Written testimony: No= X. Staff presenting applicatWn: Anna Cannin- A. Other staff commenting on app&Adm: None 1 Key Issues of Discussion_ fro i. Concern about the appearance of the proposed townhouse building elevation& _I_I_ adjacent ) ! : c. J_ey Council _Changes tI Staff/Commission _L' 1 _I_I- 1I 1 1 l- 1 I- n. 1n 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-07- 011, CUP -07-010, & PP -07-010 as presented in staff report for the hearing date of August 21, 2007 with the following modifications: (Add any proposed modifications.) Shaylee Estates RZ PP CUP PAGE 2 0 CITY OF MERIDIAN PLANNING ItARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-07- 011, CUP -07-010, & PP -07-010 as presented in during the hearing on August 21, 2007 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat and conditional use permit. You must state what the applicant could do to gain your approval of the CUP in the future.) Continuance I move to continue File Numbers RZ-07-011, CUP -07-010, (insert continued hearing date here) for the following reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: & PP -07-010 to the hearing date of : (You should state specific reason(s) 1402 & 1414 N. Meridian Road (Parcel #'s R6129020550 & R6129020531) NW '/a of Section 7, Township 3 North, Range 1 East b. Owner: Marc Johnson 1402 N. Meridian Road Meridian, ID 83642 c. Applicants: Tealey's Land Surveying (RZ & PP) 187 E. 50'h Street Garden City, ID 83714 Marc Johnson (CUP) 1402 N. Meridian Road Meridian, ID 83642 d. Representatives: Donna Dodson, Tealey's Land Surveying (RZ & PP) Andrew Davis, BRS Architects (CUP) e. Present Zoning: C -C (Community Business) f. Present Comprehensive Plan Designation: Old Town g. Description of Applicant's Request: `BRS Architects on behalf of Talon Construction is requesting a CUP to construct 6 townhomes in the O -T district, which deviate from the requirements of the Design Guidelines. The property is currently two lots in the C -C district, each with an existing structure which will remain but will be subdivided into 9 separate lots and rezoned to the O -T district. The two re -defined westerly lots will have new parking areas developed behind the existing structures that remain but the buildings themselves will not be modified. The townhomes will be developed on the 7 lots to the east. The CUP application only considers the 7 easterly lots. Any future renovation of the existing structures will be done under the requirements of the O -T district. The design guidelines for the O -T district primarily address commercial structures fronting the street and do not adequately address residential uses or account for structures located behind those fronting on the street. The proposed townhouses are located more than 140' from the street and are behind the two existing Shaylee Estates RZ PP CUP PAGE 3 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 structures which will remain. The new buildings have been designed to create interest through modulations of the roof line and facade as well as a mix of stone, wood siding and shingle finish materials. This design should fit in well with the intent of the district and will be a positive addition to the area. We not meet, however, some of the requirements of the district for glazing area, balcony heights and parapets which are not readily achievable in residential structures and which may not be applicable to buildings located in the rear of a development." (See Applicant's letter for more detail.) 1. Date of Site/Landscape Plan (attached in Exhibit A): March 13, 2007 2. Date of Preliminary Plat (attached in Exhibit A): March, 2007 3. Date of Building Elevations (attached in Exhibit A): March 13, 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 application will in fact constitute a Preliminary Plat 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. d. Newspaper notifications published on: June 18, 2007 and July 2, 2007 (Commission); July 30, 2007 and August 13, 2007 (City Council) e. Radius notices mailed to properties within 300 feet on: May 29, 2007 (Commission); July 27, 2007 (City Counci) f. Applicant posted notice on site by: May 17, 2007 (Commission); July 24, 2007 (City Council 6. LAND USE a. Existing Land Use(s): There are two single-family homes and associated outbuildings on the site. The home on the property at 1402 N. Meridian Road is currently being used as an office for Talon Construction Company (Note: the property has not received Certificate of Zoning Compliance approval for a change in use from residential to office) b. Description of Character of Surrounding Area: The general area surrounding this site consists primarily of residential uses, with a beauty salon, a church, and a ceramic store (Kock -a - Doodles). c. Adjacent Land Use and Zoning: 1. North: Commercial property, zoned C -C 2. East: Commercial property and residential mobile home park, zoned C -C 3. South: Residential property, zoned C -C 4. West: Residential properties, zoned R-4 d. History of Previous Actions: • This property consists of a portion of Block 4 of F. A. Nourse's Third Addition subdivision. Shaylee Estates RZ PP CUP PAGE 4 0 CITY OF MERIDIAN PLANNING ItARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 • This property was previously rezoned to C -C (date unknown) e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This property is proposing to sewer to mains located near the east property line of the project. Location of water: This property is proposing water service to mains located in N Meridian Road. Issues or concerns: None 2. Canals/Ditches Irrigation: 3. Hazards: None known 4. Proposed Zoning: O -T (Old Town) 5. Size of Property: 0.77 of an acre f. Landscaping 1. Width of street buffer(s): A 25 -foot wide buffer is required along N. Meridian Road in accordance with the standards listed in UDC 11 -3B -7C. 2. Width of buffer(s) between land uses: A buffer to adjoining uses in not required in the proposed O -T zone per UDC 11 -3B -9C. 3. Parking Lot Landscaping: Perimeter and internal parking lot landscaping is required on Lots 1 & 9 in accordance with the standards listed in UDC 11-313-8C. Perimeter and internal landscaping on Lots I & 9 will be reviewed for compliance with UDC standards with submittal of the Certificate of Zoning Compliance application. (Note: The parking stall dimensions shown on the site plan do not meet the dimensional standards listed in UDC 11-3C-5.) g. Off -Street Parking: UDC 11-3C-6 requires single-family dwellings with more than 1 bedroom to have 2 parking spaces per dwelling unit in an enclosed garage with a 20 foot x 20 foot parking pad between access and garage. The site plan shows concrete driveways for each of the units that exceed the afore -mentioned size requirements. h. Summary of Proposed Streets and/or Access: Access to the site will be provided from N. Meridian Road. The applicant is proposing to construct a 20 -foot wide driveway within an ingress/egress and public utilities easement for access to the parking area for the commercial uses and the townhomes. ACHD and Staff are supportive of the proposed location of the driveway. Driveways are also stubbed to the properties to the north and south for future connectivity. However, for addressing purposes, Staff is requesting that the proposed driveway be approved and constructed as a private street (see comments and conditions stated in Section 10, Analysis, and Exhibit B of this report.) 7. COMMENTS MEETING On May 18, 2007 a joint agency and department meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. Shaylee Estates RZ PP CUP PAGE 5 0 CITY OF MERIDIAN PLANNING I3EPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Old Town" on the Comprehensive Plan Future Land Use Map. The Applicant is proposing to rezone the property to O -T (Old Town), which is compatible with this designation. Old Town is defined in the Comprehensive Plan as follows: "This includes the historic downtown and the true community center. Uses would include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses could include reuse of existing buildings for residential uses, new construction of multi -family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historical character, specific design requirements may be imposed. Pedestrian amenities would be emphasized. Public investment to ensure that Old Town becomes a centralized activity center with public, cultural, and recreational structures would be encouraged. The boundary of the Old Town district predominantly follows Meridian's historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings." Staff finds that the proposed Rezone complies with the applicable provisions of the Comprehensive Plan and furthers the goals and objectives set forth therein. 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): Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1, page 111). When the City established its Area of City Impact, it planned to provide City services to the subject property. The subject property is already within the corporate boundaries of the City and the two existing homes are already serviced. The City of Meridian plans to provide municipal services to the lands proposed to be developed 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 (AChD). 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. • Promote development of Old Town and encourage infill development (Chapter IV, Goal II, Objective D, page 28). The subject application proposes to develop an infill property located within the downtown area that contains two existing homes, which will be retained for commercial office property. The remainder of the property will be developed with 6 residential townhouse units. • Encourage infill development in vacant/underdeveloped areas within the City over fringe area development to halt the outward progression of urban development (Chapter V, Goal I, Objective A.3, page 39). The subject property is currently an underdeveloped piece of land that lies within the City's Old Town designated area. The subject application proposes to develop the property with Shaylee Estates RZ PP CUP PAGE 6 0 CITY OF MERIDIAN PLANNINGOPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 more intense uses, a mix of residential and commercial office uses. Staff believes that by providing both residential and commercial opportunities within the downtown area, this will slow the outward progression (sprawl) of urban development. • Require all commercial and industrial businesses to install and maintain landscaping (Chapter V, Goal III, Objective D, Action 3, page 43). The commercial (office) portion of this property (Lots I & 9) will be required to install landscaping as follows: A 25 foot wide landscape buffer is required adjacent to N. Meridian Road and internal parking lot landscaping is required (see Section 10 Analysis and Exhibit B of this staff report). • Encourage residential infill to utilize existing services (Chapter VII, Goal IV, Objective C, page 113). The proposed residential portion of this development will utilize existing services in this area. • Support a variety of residential categories (low-, medium-, and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The proposed townhouse units will assist in providing a variety of different housing types within the City. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1, page 113). Staff believes that the proposed office uses of the front portion of the property are more compatible with existing residential uses to the south and west and will not be as intense as other types of commercial uses that could be permitted in Old Town. Staff believes that the proposed residential use of the property for townhomes will be compatible with the adjacent land uses. Staff believes that the proposed O -T zoning of the property complies with the Comprehensive Plan Land Use Map designation of Old Town. Further, Staff believes that the proposed use of the property will be compatible with the other uses in the area and the intended character of the Old Town area. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: UDC Table 11-2D-2 lists the principal permitted, accessory, and conditional or prohibited uses in the O -T zoning district. The proposed townhouse dwellings and professional services (offices) are listed as principal permitted uses in the O -T zone. b. Purpose Statement of the Traditional Neighborhood Districts: Per UDC 11-2D-1, the purpose of the traditional neighborhood districts is to encourage mixed use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. Vertically integrated residential projects are encouraged in all traditional neighborhood districts. A traditional neighborhood district diversifies and integrates land uses within close proximity to each other, and it provides for the daily recreational and shopping needs of the residents. Shaylee Estates RZ PP CUP PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAIZ�DATE OF AUGUST 21, 2007 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: REZONE: Based on the policies and goals contained in the Comprehensive Plan and the Future Land Use Map designation of Old Town, Staff believes that the requested O -T zone is appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and findings for a rezone. The rezone legal description submitted with the application (stamped on February 2, 2007 by Patrick A. Tealey, 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. Due to the development standards of the Old Town district, Staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties. If the Commission or Council feels additional development agreement requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 8884433 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: • The applicant shall comply with all standards in the Downtown Meridian Design Guidelines upon development and any proposed improvements to existing development on Lots 1 and 9 (the future office lots) along N. Meridian Road, such as facade improvements and/or building additions. • Obtain CZC approval for Talon Construction Company currently in operation on the southern property proposed as Lot 9, prior to issuance of any future CZC's on this site. (Note: Contractor's yard is a prohibited use in the O-Tzone) • A Certificate of Zoning Compliance is required prior to issuance of building permits for any and all of the proposed townhouse units within this development. All structures must substantially comply with the elevations submitted with this application. The Applicant is not required to comply with the Downtown Meridian Design Guidelines for the townhouse units proposed at the rear of the property. NOTE: A CZC application may include all townhouse structures within the development. CONDITIONAL USE PERMIT: The Applicant is requesting a Conditional Use Permit (CUP) to construct 6 townhouse units in a proposed O -T zone that do not meet the criteria of the Downtown Meridian Design Guidelines (DMDG). Per UDC 11-213-4133, any applications that do not meet the criteria in the DMDG shall be subject to CUP approval. The CUP request only applies to the structures proposed on the easterly, residential building lots (Lots 2, 3, 4, 6, 7, and 8), not the proposed office lots (Lots 1 & 9). The Applicant states that any future renovation of the existing structures on Lots 1 & 9 will be done under the requirements of the O -T district. When the DMDG were drafted, they were intended to apply to new development and any improvements to existing development such as facade improvements and/or building additions of commercial buildings that are located adjacent to right-of-way. The applicant is not planning to Shaylee Estates RZ PP CUP PAGE 8 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 make any improvements to the existing structures proposed for future office use that are located along Meridian Road (Lots 1 & 9), therefore compliance with the DMDG is not required at this time. If improvements are proposed in the future, the structures on these lots and the site shall comply with the DMDG. The townhomes are proposed to be located approximately 140 feet from the street behind the existing structures proposed for office uses. For this reason, Staff does not believe that any of the DMDG pertaining to setbacks, building orientation, building height and form, facade treatment/entrances/roofs, mid -block pedestrian pathways, streetscape design, street landscaping, and parking apply to the townhouse portion of the development. The elevations submitted by the Applicant incorporate modulations in the roofline and facade as well as a mix of stone, wood siding and shingle finish materials. Staff believes that the design of the proposed townhouse units will fit well in the Old Town area and will provide a very attractive housing alternative. For the above-mentioned reasons, Staff is in support of the proposed site plan and elevations submitted by the applicant, even though they do not comply with the afore -mentioned design guidelines. Elevations: The Applicant has submitted building elevations for the proposed townhouse units that are included in Exhibit A.3 of this report. The townhouses units are proposed to be two stories, 36'2" in height, and the minimum square footage of the structures, excluding the garage, will be 1,400 square feet. The townhouses will contain two or more bedrooms. Building materials depicted on the elevations are as follows: asphalt shingles on the roof, wood siding, cedar shingles for accents on the walls, manufactured stone on portions of the west and front elevations with manufactured stone accents on the west elevation. Staff approves of the elevations and construction materials submitted with this application for the proposed townhouse units. Certificate of Zoning Compliance (CZC): A CZC is required for the change in use of the existing structures from residential to commercial. Talon Construction Company is currently operating on the southern property proposed as Lot 9, without CZC approval for a change in use of the property. The applicant should obtain CZC approval for Talon Construction Company prior to issuance of any future CZC's on this site. (Note: Contractor's yard is a prohibited use in the 0-Tzone) The Applicant shall receive CZC approval prior to issuance of Certificate of Occupancy for the proposed office buildings. Further, a CZC is required prior to issuance of building permits for any and all of the proposed townhouse units within this development. All structures must substantially comply with the elevations submitted with this application. PRELEVIINARY PLAT: The Applicant is requesting preliminary plat approval of 2 commercial office building lots, 6 single-family building lots consisting of two sets of 3 townhouse units, and 1 common area lot on 0.77 of an acre. The preliminary plat was prepared by Tealey's Land Surveying and stamped by Patrick Tealey on March 15, 2007. The Applicant is proposing to construct 6 townhouse units on 6 building lots. The gross density for the residential portion of the development is 7.8 dwelling units per acre. There are two existing homes on the lots adjacent to Meridian Road that will be converted from residential to office use in the future. No improvements (i.e. facade improvements and/or building additions) are proposed for these structures with this application. Dimensional Standards: This site is required to comply with the development standards of the O -T zoning district listed in UDC 11-2D-4 as follows: A. Maximum building height is seventy-five (75'). The elevations show the proposed townhouse units are 38' 2 " in height; no improvements are planned for the existing structures proposed for office use. Shaylee Estates RZ PP CUP PAGE 9 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 B. Minimum number of stories for new construction is two (2). The elevations show the proposed townhouse units are two stories. C. Additional height exceeding the maximum height allowed requires approval through a conditional use permit. The townhouse units will not exceed the maximum height allowed. D. Administrative design review: 1. All new construction and exterior modifications shall be subject to administrative design review in accord with the procedures set forth in Chapter 5 ADMINISTRATION of this Title. No new construction or exterior modifications are planned for the existing structures proposed for office use; the Applicant is requesting CUP approval for the proposed townhouse units that do not meet the criteria of the Downtown Meridian Design Guidelines as required in UDC 11 -2D -4D3 below. 2. The criteria for the administrative design review are set forth in the document "Downtown Meridian Design Guidelines." 3. Any applications that do not meet the criteria in the Downtown Meridian Design Guidelines shall be subject to a conditional use permit as set forth in Chapter 5 ADMINISTRATION. The Applicant is requesting CUP approval with this application for the proposed townhouse units as they do not comply with the afore -mentioned design guidelines. E. Landscaping Requirements: See Chapter 3 Article B LANDSCAPING REQUIREMENTS. Note: The future office portion of this site located on Lots 1 & 9 has not been reviewed for compliance with UDC internal parking and landscaping standards. Review of the internal elements of the site will take place with Certificate of Zoning Compliance approval. (Note: The parking stall dimensions shown on the site plan do not meet the dimensional standards listed in UDC 11-3C-5) Existing Structures: The site currently contains two homes and a garage. The existing residences will be retained and converted to offices. All other structures, including the detached garage on the site, shall be removed as proposed prior to release of building permits for this development. Sidewalk: A 5 -foot wide detached sidewalk is required to be constructed along Meridian Road, in accordance with ACHD standards and UDC 11-3A-17. The sidewalk shall be placed within the right-of-way or a public pedestrian easement depicted on the plat. Landscaping: A 25 -foot wide street buffer is required along N. Meridian Road and should be landscaped according to the standards listed in UDC 11-3B7C. Said buffer shall be on a common lot or on a permanent easement maintained by the property owner or business owners' association (see condition in Exhibit B). A buffer to adjoining uses in not required in the proposed O -T zone per UDC 11 -3B -9C. The new trees proposed within the common area on Lot 5 are located within a sewer easement and are not allowed; existing trees may remain. The site/landscape plan submitted by the Applicant complies with the required street buffer landscaping. The existing buildings are located outside of the required buffer; the existing setback dimensions shown on the plan are incorrect. Fencing: The applicant has indicated on the site/landscape plan that the existing fence is to be removed. No new fencing is proposed on the plan. Because the UDC does not require fencing for this development, Staff is not including a condition as such. Fencing constructed adjacent to the common area on Lot 5 shall not exceed 4 feet in height if closed vision fencing is used. Open Shaylee Estates RZ PP CUP PAGE 10 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 vision up to 6 feet in height is allowed as it provides visibility from adjacent homes or buildings (see UDC 11-3A-7). Cross Access: The applicant is proposing a driveway stub to the properties to the north and south of the site for future connectivity. Staff is supportive of this proposed cross -access. Cross -access should be provided to the properties to the north and south via a note on the plat or a recorded cross -access agreement. 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. PRIVATE STREETS: The applicant is not proposing private streets within this development. However, Staff is requesting that the proposed driveway from N. Meridian Road to the townhouse units be constructed and designed as a private street for addressing purposes of the townhouse units. The Applicant should submit a Private Street application to the Planning Department for staff level approval prior to submittal of the final plat application (see condition of approval in Exhibit B). Per UDC 11-3F-4, all private streets shall be designed and constructed to the following standards: A. Design standards: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to all applicable properties. 2. Connection point: Where the point of connection of the private street is to a public street, the private street shall be approved by the Transportation Authority. 3. Emergency vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Meridian Fire Department. 4. Gates: Gates or other obstacles shall not be allowed. B. Construction standards: 1. For conversion of an existing facility to a private street at the direction of the Fire Marshal: a. All drive aisles shall be posted as fire lanes with no parking allowed. b. If a curb exists next to the drive aisle, it shall be painted red. 2. For all other private streets: a. Roadway and storm drainage: The private street shall be constructed in accord with the roadway and storm drainage standards of the Transportation Authority or as approved by the City of Meridian based on plans submitted by a certified engineer. b. Street width: The private street shall be constructed within the easement and shall have a travel lane width of twenty-four (24) feet or twenty-six (26) feet as determined by the Fire Marshal relative to the height and size of the proposed structures that adjoin the private street. Shaylee Estates RZ PP CUP PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 c. Sidewalks: A five-foot (5') attached sidewalk or four -foot (4') detached sidewalk shall be provided on one side of the street in commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists. d. Fire lanes: all drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. b. Staff Recommendation: Staff recommends approval of the subject applications (RZ-07-011, CUP -07-010, & PP -07-010) based on the Findings listed in Exhibit D and the conditions listed in Exhibit B of this Staff Report for the hearing date of July 5, 2007. The Meridian Planning & Zoning Commission heard these items on June 7. 2007 and July 5 2007. At the public hearing on July 5, 2007 they moved to recommend approval to City Council of the subiect RZ, PP, & CUP requests. 1he Meridian City Council heard these items on Amst 21.2007. At the public hearing they approved the subject RL PP. and CIBLreauest 11. EDITS A. Drawings 1. Preliminary Plat (dated: 3/07, stamped 3/15/07 by Patrick Tealey) 2. Site/Landscape Plan (dated 3/13/07) 3. Townhouse Elevations (dated: 3/13/07) 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 Shaylee Estates RZ PP CUP PAGE 12 CITY OF MERIDIAN PLANNIITG DEPARTMENT STAFF REPORT FOR THE HEPING DATE OF AUGUST 21, 2007 A. Drawings 1. Preliminary Plat (dated: 3/07, stamped 3/15/07 by Patrick Tealey) Exhibit A / � a�ma � q -• a Nw— V PLAT OF SHAVE. e ■ fls se u�, re tai. „s,►, An=a. t ..A 0 Mme, VZOMOV AMM so AK o -t MCIBLIUM 4-T Maw tee: �" �Wmvwor �T ®ua�r�ae ®01 W" MtM l�i►i�i{�1yt1 wnaaomw eft 0 onow eHt Ot 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 2. Site/Landscape Plan (dated 3/13/07) �!mbm= VC YIJW a�n��N1R�M 1 caa� ew..WE..w+�_ 0 n Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 REZONE COMMENTS 1.1.1 The rezone legal description submitted with the application (stamped on February 2, 2007 by Patrick A. Tealey, PLS) is accurate and meets the requirements of the City of Meridian and Idaho State Tax Commission. 1.1.2 Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: • The applicant shall comply with all standards in the Downtown Meridian Design Guidelines upon development and any proposed improvements to existing development on Lots 1 and 9 (the future office lots) along N. Meridian Road, such as facade improvements and/or building additions. • Obtain CZC approval for Talon Construction Company currently in operation on the southern property proposed as Lot 9, prior to issuance of any future CZC's on this site. (Note: Contractor's yard is a prohibited use in the 0-Tzone) • A Certificate of Zoning Compliance is required prior to issuance of building permits for any and all of the proposed townhouse units within this development. All structures must substantially comply with the elevations submitted with this application. The Applicant is not required to comply with the Downtown Meridian Design Guidelines for the townhouse units proposed at the rear of the property. NOTE: A CZC application may include all townhouse structures within the development. 1.2 PRELIMINARY PLAT — SITE SPECIFIC REQUIREMENTS 1.2.1 The preliminary plat, prepared by Tealey's Land Surveying, dated March, 2007 (stamped by Patrick Tealey on March 15, 2007), is approved, with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ-07-011) and Conditional Use Permit (CUP -07- 010) applications shall also be considered conditions of the preliminary plat. 1.2.2 The site/landscape plan prepared by BRS Architects on March 13, 2007, is approved with the following modifications/notes: • The new trees proposed within the common area on Lot 5 are leeated w shall be located outside of the future a sewer easement and not a-Howed; existing trees may remain. Revise plan accordingly. • Depict a 5 -foot wide detached sidewalk along N. Meridian Road within the landscape street buffer or within the right-of-way (see ACHD's conditions for exact location). • 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. 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 Final Plat and Certificate of Zoning Compliance application(s). Exhibit B CITY OF MERIDIAN PLANNINAPARTMENT STAFF REPORT FOR THE HEAARMDATE OF AUGUST 21, 2007 1.2.3 A private street is required to be constructed from N. Meridian Road to the townhouse units for addressing purposes. The Applicant shall submit a Private Street application for staff level approval prior to submittal of the final plat application. Said Private Street shall be designed and constructed according to the standards listed in UDC 11-3F-4. 1.2.4 A 5 -foot wide detached sidewalk is required to be constructed along Meridian Road, in accordance with ACHD standards and UDC 11-3A-17. The sidewalk shall be placed within the right-of-way or a public pedestrian easement depicted on the final plat. See ACHD's requirements for location of the sidewalk. 1.2.5 A Certificate of Zoning Compliance (CZC) is required for the change in use of the existing structures from residential to commercial. The Applicant shall receive CZC approval prior to issuance of Certificate of Occupancy for the proposed office buildings and townhouse buildings. 1.2.6 Cross -access shall be provided to the properties to the north and south of the subject property at the driveway stub locations shown on the site plan. Place a note on the final plat or record an easement granting vehicular access to the properties to the north and south. 1.2.9 A note prohibiting direct access to N. Meridian Road, except for the access point approved with this application, shall be added to the final plat. 1.2.10 A 25 feet wide stmc4 buffer- is mqu4W along N. Meridian Read and shag be landseap aeeerdiag to the standards listedin UDG 11 3$7C. Saido'er= @-depieted on the pia in -a eemmen lot nr on a pemwswat easemel# maintained by the property e vomer ox business e w aeFs'' xasseeiattien. 1.2.11 All signage for the site requires approval of a sign permit. All signage must comply with the standards listed in UDC 11-3D. 1.2.12 If permanent perimeter fencing is not provided on the site, temporary fencing to contain debris during construction shall be installed around the residential portion of the site prior to release of building permits. 1.2.13 Fencing constructed adjacent to the common area on Lot 5 shall not exceed 4 feet in height if closed vision fencing is used. Open vision up to 6 feet in height is allowed as it provides visibility from adjacent homes or buildings (see UDC 11-3A-7). 1.2.14 Underground, pressurized irrigation must be provided to all lots within this development. 1.2.15 Prior to signature of the final plat, remove existing structures that span across proposed lot lines. 1.3 CONDITIONAL USE PERMIT - SITE SPECIFIC CONDITIONS OF APPROVAL 1.3.1 The site/landscape plan, prepared by BRS Architects, dated March 13, 2007, labeled as Sheet SD - 1, is approved, with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ-07-011) and Preliminary Plat (PP -07-010) applications shall also be considered conditions of the conditional use permit. 1.3.2 A Certificate of Zoning Compliance is required prior to issuance of building permits for any and all of the proposed townhouse units within this development. All structures must substantially comply with the elevations submitted with this application. The Applicant is not required to comply with the Downtown Meridian Design Guidelines for the townhouse units proposed at the rear of the property. NOTE: A CZC application may include all townhouse structures within the development. Exhibit B 19CITY OF MERIDIAN PLANNING PARTMENT STAFF REPORT FOR THE HE •DATE OF AUGUST 21, 2007 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains located near the east property line. 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 N Meridian Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Prior to any excavation or improvements within this development that applicant shall submit a Flood Plain Development Permit and comply with all conditions of the same. 2.4 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. 2.5 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.6 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. 2.7 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. 2.8 All existing structures not meeting setbacks or the dimensional standards of the UDC shall be removed prior to building permits being released. 2.9 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. 2.10 Any meter tiles located in common driveways shall be upgraded to traffic rated materials per City of Meridian Standard Specifications. 2.11 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. 2.12 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. Exhibit B CITY OF MERIDIAN PLANNING1PARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 2.13 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 inigation/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. 2.14 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. 2.15 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. 2.16 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. 2.17 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. 2.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.19 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.20 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. 2.21 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. 2.22 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. 2.23 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. RRE 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 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. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAR�DATE OF AUGUST 21, 2007 g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 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. 3.6 Building setbacks shall be per the International Building Code for one and two story construction. 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 Maintain a separation of 5' from the building to the dumpster enclosure. 3.9 The Fire Dept. has concerns about the addresses of the proposed townhouses being visible from the street which the project is addressed off of. For this reason, the Fire Department requests that a private street be provided from Meridian Road to the townhouse units for addressing purposes. 3.10 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.11 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.12 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.13 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 4. POLICE DEPARTMENT 4.1 A private street should be provided from N. Meridian Road to the townhouse units located at the rear of the property for addressing purposes. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. Exhibit B 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 6. SANITARY SERVICE COMPANY 6.1 No comments were received from SSC regarding this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Construct a 5 -foot detached concrete sidewalk a minimum of 28 -feet from the centerline of the roadway, OR provide the district with a road trust in the amount of $3250.00 for the future construction of the sidewalk as part of the Meridian Split Corridor Project. 7.1.2 Utilize an existing 20 -foot driveway located approximately 55 -feet north from the south property line (measured property line to near edge). Pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 - foot radii abutting the existing roadway edge. 7.1.3 Other than the access specifically approved with this application, direct lot access is prohibited to Meridian Road and shall be noted on the final plat. 7.1.4 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 Exhibit B 4 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito -breeding problem. Exhibit B CITY OF MERIDIAN PLANNING 19PARTMENT STAFF REPORT FOR THE HEAL •DATE OF AUGUST 21, 2007 C. Legal Description & Exhibit Map TEALEY"S LAND 187 8 561h Su c • Csardpfl Cdy. tdOR'S. j3714 SURVEYING 12osf 38"SU ED �1 Fax (288) 96 Project. No.. 3079 Date: March 2, 2007 DESCRIPTION FOR O -T DISTRICT PROPOSED SHAYLEE SUBDIVISION A parcel of land being a portion of the NW 114 of Section 7, T.3M., R,1E., B.M„ and a portion of Stock 4 of F Nounse's Third Addition, as f1W for record in the office of the Ada County Recorder, Boise, Idaho in Book 6 of Plata at page 289, Meridian, Ada County, Idaho and more particularly described as follows` Commencing at a brass cap `narking the Northwest comer of said Section 7, thence along the West boundary of said Section 7, which is also the centerline of North Meridian Road South 00624'19" West 911.97 feet to the POINT OF BEGINNING; thence Waving said centertine along a line Borth of and parallel with the North boundary of said B" 4 North 89137'050 East 263.11 feet to a point on the North-South centerline of said Stock 4; thence along said c entedirc» South 00"28'48" West 29.13 feat to a pont; thence leaving said cente dine North 89'3TOS" East 0.08 feet to a point; thence along a tft East of and parallel with said West boundary of Block 4 South 00"2019" West 100.87 feet to a point on said South boundary of Block 4: thence along said South boundary and South boundary extended South 89"37°05" West 263.15 feet to a point on said West boundary of Section 7; there along said West boundary North OO°2419" East 130.00 feet to the POINT OF BEGINNING, Said parcel of land contains 0.783 acre, more or less. Exhibit C 0 CITY OF MERIDIAN PLANNING PPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 ---------- ------------ REIM PARCU 94x" $4 rf a -We Az' rel'=M'k AW AWMX IV J - fol Exhibit C ZONING EXHIBIT FOR SHAYLEE SUBDIVISION A FWM CF a= k FA NMfdn M 10M MBREMIAAMAMI-MRILM w" mm am ,At rM."Momw-1 4la ,At CITY OF MERIDIAN PLANNING I3EPARTMENT STAFF REPORT FOR THE HEARINGDATE OF AUGUST 21, 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 zone all of the subject property to O -T (Old Town). The 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 Council fords that future development of this property will comply with the purpose statement of the O -T zone, which encourages mixed use, compact development that facilitates the efficient use of services. The Applicant is requesting a CUP for the townhouse portion of the development because the proposed units do not meet the development standards contained in the Downtown Meridian Design Guidelines (see Section 10 of this report for more information). c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council fords 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 Council fords 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 fording 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 Applicant is requesting a CUP for the townhouse portion of the development because the proposed units do not meet the development standards contained in the Downtown Meridian Design Guidelines. The Council finds that if the site is designed in accordance with the site/landscape plan submitted with this application and the conditions of approval in Exhibit Exhibit D • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 B, the site will be large enough to accommodate the proposed use and meet all other dimensional and development regulations of the O -T district. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council finds that the proposed residential townhouses and future offices in the proposed O -T zone comply with 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 Council finds that the proposed office and residential use of the property 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 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 Council finds that sanitary sewer, domestic water and irrigation is already provided to the front portion of the development where the existing homes are and can be made available to the townhouse units proposed at the rear of the 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 Council finds that the applicant will pay to extend the sanitary sewer and water mains to the townhouse units at the rear of 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 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. Staff recognizes the fact that traffic and noise will increase with the approval of this development; however, Staff does not believe that the amount generated will be detrimental to the general welfare of the public. Exhibit D CITY OF MERIDIAN PLANNING• ARTMENT STAFF REPORT FOR THE HEAR�DATE OF AUGUST 21, 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 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: a. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed density and proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services are currently provided to the front portion of the development where the existing homes are located and can be made available to accommodate the proposed development at the rear of the property. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. f. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic, or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 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 August 31, 2007 PP 07-010 MERIDIAN CITY COUNCIL MEETING September 4, 2007 APPLICANT Tealey's Land Surveying ITEM NO. 5-C REQUEST Findings for Approval — Request for Preliminary Plat approval of 2 office building lots, 6 single-family residential building lots & 1 common lot on 0.77 of an acre in a proposed O -T zone for Shaylee Estates — 1402 & 1414 North Meridian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Findings Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • F c>Werialand In the Matter of Request for Rezone of 0.77 of an Acre from C -C (Community Business) to O -T (Old Town); Preliminary Plat of 2 Office Building Lots, 6 Single-family Residential Building Lots, and 1 Common Lot on 0.77 of an Acre; and Conditional Use Permit to Construct 6 Townhomes in a Proposed O -T Zone that do not Meet the Criteria of the Downtown Meridian Design Guidelines, for Shaylee Estates Subdivision by Tealey's Land Surveying & Marc Johnson. Case No(s). RZ-07-011, PP -07-010, & CUP -07-010 For the City Council Hearing Date of. August 21, 2007 (Findings on the September 4, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 21, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 21, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 21, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 21, 2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-011, PP -07-010, & CUP -07-010 Page 1 of 5 • 0 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of August 21, 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 Rezone to O -T as evidenced by having submitted the Legal Description & Exhibit Map, stamped on February 2, 2007 by Patrick Tealey, is hereby approved per the Development Agreement provisions; 2. The Applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat, dated March 2007, is hereby conditionally approved; 3. The Applicant's Conditional Use Permit as evidenced by having submitted the Site/Landscape Plan, dated March 13, 2007, is hereby conditionally approved; and 4. The site specific and standard conditions of approval and Development Agreement provisions are as shown in the attached Staff Report for the hearing date of August 21, 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-011, PP -07-010, & CUP -07-010 Page 2 of 5 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. 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. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-011, PP -07-010, & CUP -07-010 Page 3 of 5 i �► 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 August 21, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-011, PP -07-010, & CUP -07-010 Page 4 of 5 E By action of the City Council at its regular meeting held on the= day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED_0,4, COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED_p COUNCIL MEMBER KEITH BIRD VOTED_ TIE BREAKER MAYOR TAMMY de WEERD VOTED MAYOR de WEE ATTEST: WILLIAM G. BERG, JR., CrW CL Iii // 7 r 151 ® a Copy served upon: v/ Applicant Pf/PP ►11 1l11�� Planning Departnen�t Public Works Department Le< City Attorney 0 By: �._ _ i Dated: - ( Q - Cn City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-011, PP -07-010, & CUP -07-010 Page 5 of 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 STAFF REPORT HEARING DATE: August 21, 2007 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: Shaylee Estates (Try. CA�f6 h ti3AHO • RZ-07-011 Request for Rezone of 0.77 of an acre from C -C (Community Business) to O -T (Old Town), by Tealey's Land Surveying. • PP -07-010 Request for Preliminary Plat approval of 2 office building lots, 6 single-family residential building lots, and 1 common lot on 0.77 of an acre, by Tealey's Land Surveying. • CUP -07-010 Request for Conditional Use Permit approval to construct 6 townhomes in a proposed O -T zone that do not meet the criteria of the Downtown Meridian Design Guidelines, by Marc Johnson. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST Tealey's Land Surveying has applied for a Rezone (RZ) of 0.77 of an acre from C -C (Community Business) to O -T (Old Town). A Preliminary Plat (PP) is also requested for approval of 2 commercial office building lots, 6 single-family residential building lots, and 1 common lot on the property. Concurrently, Marc Johnson is requesting Conditional Use Permit (CUP) approval to construct 6 townhomes in the proposed O -T zone that do not meet the criteria of the Downtown Meridian Design Guidelines (DMDG). Per UDC 11-2134D3, any applications that do not meet the criteria in the DMDG shall be subject to a CUP. The CUP request is only for the six easterly, single-family building lots; any future renovation of existing structures will be done under the requirements of the O -T district and will be subject to compliance with the DMDG in effect. The site is located on the east side of N. Meridian Road, approximately '/a mile south of E. Fairview Avenue. The site consists of two properties currently addressed as 1402 and 1414 N. Meridian Road. Currently, there are two single-family homes and associated outbuilding on this site. The subject property is currently located within the Urban Service Planning Area and the corporate boundaries of the City. 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 and Preliminary Plat applications. Staff is recommending approval of the proposed Shaylee Estates development (RZ-07-011, CUP -07- 010, & PP -07-010) with the conditions listed in Exhibit B of the Staff Report. Shaylee Estates RZ PP CUP PAGE I CITY OF MERIDIAN PLANNING D1PARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 The Meridian Planning & Zoning Commission heard these items on June 7.2007 and July 5 2007. At the public hearing on July 5, 2007 they moved to recommend approval to City Council of the subject RZ, PP, & CUP requests. a. Summary of Commission Public Hearing: i. In favor: Andrew Davis BRS Architects (Applicant's Representative): Mark Johnson (Owner/Applicant); Bond Campbell (property owner to south) ii. In opposition: None iii. Commenting: Susan Hadlev iv. Written testimony: None V. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. Construction of a private street and sidewalk from Meridian Road to the townhouse units on Lots 2, 3. 4. 6, 7. & 8, Block 1; ii. Location of trees within the common lot on Lot 5, Block 1 outside of the future sewer easement c. Key Commission Change(s) to Staff Recommendation: i. Modify condition of approval #1.2.2 to state that no new trees may be located within the sewer easement. However, the trees may be located on the common lot if they are outside the easement; ii. Strike condition of approval #1.2.10, which requires a 25 -foot wide buffer adiacent to Meridian Road (buffer is not required in the O -T district). d. Outstanding Issue(s) for City Council: i. Update: Since the Commission hearing, the Applicant submitted a Certificate of Zoning Compliance application for Talon Construction Ir =*1 ESTMEX47 Mi I, _1 I_ 1/. I I_I-. 11 I i/�_•_ �_� �__ i l : 1 11 c.l l-lI'-- ♦ � � I - x_111 -I \ 1 I • 1— 1—- —1 _I_ WGIM7 M — 111111 I' ; 11 :__I_ • 1 III I 11=111_ 1 I t6j— 1_ c 1 T ' . 1 _ I _I_I_ -1.1 .. _ 1 I_ _\_ • I _I I I I_ ' 1. 1 1 1 ' 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-07- 011, CUP -07-010, & PP -07-010 as presented in staff report for the hearing date of August 21, 2007 with the following modifications: (Add any proposed modifications.) Shaylee Estates RZ PP CUP PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING ATE OF AUGUST 21, 2007 Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-07- 011, CUP -07-010, & PP -07-010 as presented in during the hearing on August 21, 2007 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat and conditional use permit. You must state what the applicant could do to gain your approval of the CUP in the future.) Continuance I move to continue File Numbers RZ-07-011, CUP -07-010, & PP -07-010 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: 1402 & 1414 N. Meridian Road (Parcel #'s R6129020550 & R6129020531) NW % of Section 7, Township 3 North, Range 1 East b. Owner: Marc Johnson 1402 N. Meridian Road Meridian, ID 83642 c. Applicants: Tealey's Land Surveying (RZ & PP) 187 E. 50'h Street Garden City, ID 83714 Marc Johnson (CUP) 1402 N. Meridian Road Meridian, ID 83642 d. Representatives: Donna Dodson, Tealey's Land Surveying (RZ & PP) Andrew Davis, BRS Architects (CUP) e. Present Zoning: C -C (Community Business) f. Present Comprehensive Plan Designation: Old Town g. Description of Applicant's Request: `BRS Architects on behalf of Talon Construction is requesting a CUP to construct 6 townhomes in the O -T district, which deviate from the requirements of the Design Guidelines. The property is currently two lots in the C -C district, each with an existing structure which will remain but will be subdivided into 9 separate lots and rezoned to the O -T district. The two re -defined westerly lots will have new parking areas developed behind the existing structures that remain but the buildings themselves will not be modified. The townhomes will be developed on the 7 lots to the east. The CUP application only considers the 7 easterly lots. Any future renovation of the existing structures will be done under the requirements of the O -T district. The design guidelines for the O -T district primarily address commercial structures fronting the street and do not adequately address residential uses or account for structures located behind those fronting on the street. The proposed townhouses are located more than 140' from the street and are behind the two existing Shaylee Estates RZ PP CUP PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 structures which will remain. The new buildings have been designed to create interest through modulations of the roof line and facade as well as a mix of stone, wood siding and shingle finish materials. This design should fit in well with the intent of the district and will be a positive addition to the area. We not meet, however, some of the requirements of the district for glazing area, balcony heights and parapets which are not readily achievable in residential structures and which may not be applicable to buildings located in the rear of a development." (See Applicant's letter for more detail.) 1. Date of Site/Landscape Plan (attached in Exhibit A): March 13, 2007 2. Date of Preliminary Plat (attached in Exhibit A): March, 2007 3. Date of Building Elevations (attached in Exhibit A): March 13, 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 application will in fact constitute a Preliminary Plat 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. d. Newspaper notifications published on: June 18, 2007 and July 2, 2007 (Commission); July 30, 2007 and Auzust 13.2007 (City COIIIIcil) e. Radius notices mailed to properties within 300 feet on: May 29, 2007 (Commission); July 27, 2007 (City Council) f Applicant posted notice on site by: May 17, 2007 (Commission); July 24, 2007 (City Council 6. LAND USE a. Existing Land Use(s): There are two single-family homes and associated outbuildings on the site. The home on the property at 1402 N. Meridian Road is currently being used as an office for Talon Construction Company (Note: the property has not received Certificate of Zoning Compliance approval for a change in use from residential to office) b. Description of Character of Surrounding Area: The general area surrounding this site consists primarily of residential uses, with a beauty salon, a church, and a ceramic store (Kock -a - Doodles). c. Adjacent Land Use and Zoning: 1. North: Commercial property, zoned C -C 2. East: Commercial property and residential mobile home park, zoned C -C 3. South: Residential property, zoned C -C 4. West: Residential properties, zoned R-4 d. History of Previous Actions: • This property consists of a portion of Block 4 of F. A. Nourse's Third Addition subdivision. Shaylee Estates RZ PP CUP PAGE 4 CITY OF MERIDIAN PLANNINGPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 • This property was previously rezoned to C -C (date unknown) e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This property is proposing to sewer to mains located near the east property line of the project. Location of water: This property is proposing water service to mains located in N Meridian Road. Issues or concerns: None 2. Canals/Ditches Irrigation: 3. Hazards: None known 4. Proposed Zoning: O -T (Old Town) 5. Size of Property: 0.77 of an acre f. Landscaping 1. Width of street buffer(s): A 25 -foot wide buffer is required along N. Meridian Road in accordance with the standards listed in UDC 11 -3B -7C. 2. Width of buffer(s) between land uses: A buffer to adjoining uses in not required in the proposed O -T zone per UDC 11 -3B -9C. 3. Parking Lot Landscaping: Perimeter and internal parking lot landscaping is required on Lots 1 & 9 in accordance with the standards listed in UDC 11 -3B -8C. Perimeter and internal landscaping on Lots I & 9 will be reviewed for compliance with UDC standards with submittal of the Certificate of Zoning Compliance application. (Note: The parking stall dimensions shown on the site plan do not meet the dimensional standards listed in UDC 11-3C-5.) g. Off -Street Parking: UDC 11-3C-6 requires single-family dwellings with more than 1 bedroom to have 2 parking spaces per dwelling unit in an enclosed garage with a 20 foot x 20 foot parking pad between access and garage. The site plan shows concrete driveways for each of the units that exceed the afore -mentioned size requirements. h. Summary of Proposed Streets and/or Access: Access to the site will be provided from N. Meridian Road. The applicant is proposing to construct a 20 -foot wide driveway within an ingress/egress and public utilities easement for access to the parking area for the commercial uses and the townhomes. ACHD and Staff are supportive of the proposed location of the driveway. Driveways are also stubbed to the properties to the north and south for future connectivity. However, for addressing purposes, Staff is requesting that the proposed driveway be approved and constructed as a private street (see comments and conditions stated in Section 10, Analysis, and Exhibit B of this report.) 7. COMMENTS MEETING On May 18, 2007 a joint agency and department meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. Shaylee Estates RZ PP CUP PAGE 5 CITY OF MERIDIAN PLANNING IPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Old Town" on the Comprehensive Plan Future Land Use Map. The Applicant is proposing to rezone the property to O -T (Old Town), which is compatible with this designation. Old Town is defined in the Comprehensive Plan as follows: "This includes the historic downtown and the true community center. Uses would include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses could include reuse of existing buildings for residential uses, new construction of multi -family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historical character, specific design requirements may be imposed. Pedestrian amenities would be emphasized. Public investment to ensure that Old Town becomes a centralized activity center with public, cultural, and recreational structures would be encouraged. The boundary of the Old Town district predominantly follows Meridian's historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings." Staff fords that the proposed Rezone complies with the applicable provisions of the Comprehensive Plan and furthers the goals and objectives set forth therein. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1, page 111). When the City established its Area of City Impact, it planned to provide City services to the subject property. The subject property is already within the corporate boundaries of the City and the two existing homes are already serviced. The City of Meridian plans to provide municipal services to the lands proposed to be developed 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 (ACLDD). 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. • Promote development of Old Town and encourage infill development (Chapter IV, Goal II, Objective D, page 28). The subject application proposes to develop an infill property located within the downtown area that contains two existing homes, which will be retained for commercial office property. The remainder of the property will be developed with 6 residential townhouse units. • Encourage infill development in vacant/underdeveloped areas within the City over fringe area development to halt the outward progression of urban development (Chapter V, Goal I, Objective A.3, page 39). The subject property is currently an underdeveloped piece of land that lies within the City's Old Town designated area. The subject application proposes to develop the property with Shaylee Estates RZ PP CUP PAGE 6 CITY OF MERIDIAN PLANNINGgPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 more intense uses, a mix of residential and commercial office uses. Staff believes that by providing both residential and commercial opportunities within the downtown area, this will slow the outward progression (sprawl) of urban development. • Require all commercial and industrial businesses to install and maintain landscaping (Chapter V, Goal III, Objective D, Action 3, page 43). The commercial (office) portion of this property (Lots I & 9) will be required to install landscaping as follows: A 2S foot wide landscape buffer is required adjacent to N. Meridian Road and internal parking lot landscaping is required (see Section 10 Analysis and Exhibit B of this staff report). • Encourage residential infill to utilize existing services (Chapter VII, Goal IV, Objective C, page 113). The proposed residential portion of this development will utilize existing services in this area. • Support a variety of residential categories (low-, medium-, and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The proposed townhouse units will assist in providing a variety of different housing types within the City. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1, page 113). Staff believes that the proposed office uses of the front portion of the property are more compatible with existing residential uses to the south and west and will not be as intense as other types of commercial uses that could be permitted in Old Town. Staff believes that the proposed residential use of the property for townhomes will be compatible with the adjacent land uses. Staff believes that the proposed O -T zoning of the property complies with the Comprehensive Plan Land Use Map designation of Old Town. Further, Staff believes that the proposed use of the property will be compatible with the other uses in the area and the intended character of the Old Town area. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: UDC Table 11-2D-2 lists the principal permitted, accessory, and conditional or prohibited uses in the O -T zoning district. The proposed townhouse dwellings and professional services (offices) are listed as principal permitted uses in the O -T zone. b. Purpose Statement of the Traditional Neighborhood Districts: Per UDC 11-2D-1, the purpose of the traditional neighborhood districts is to encourage mixed use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. Vertically integrated residential projects are encouraged in all traditional neighborhood districts. A traditional neighborhood district diversifies and integrates land uses within close proximity to each other, and it provides for the daily recreational and shopping needs of the residents. Shaylee Estates RZ PP CUP PAGE 7 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: REZONE: Based on the policies and goals contained in the Comprehensive Plan and the Future Land Use Map designation of Old Town, Staff believes that the requested O -T zone is appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and findings for a rezone. The rezone legal description submitted with the application (stamped on February 2, 2007 by Patrick A. Tealey, 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. Due to the development standards of the Old Town district, Staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties. If the Commission or Council feels additional development agreement requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 8884433 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: • The applicant shall comply with all standards in the Downtown Meridian Design Guidelines upon development and any proposed improvements to existing development on Lots 1 and 9 (the future office lots) along N. Meridian Road, such as facade improvements and/or building additions. • Obtain CZC approval for Talon Construction Company currently in operation on the southern property proposed as Lot 9, prior to issuance of any future CZC's on this site. (Note: Contractor's yard is a prohibited use in the 0-Tzone) A Certificate of Zoning Compliance is required prior to issuance of building permits for any and all of the proposed townhouse units within this development. All structures must substantially comply with the elevations submitted with this application. The Applicant is not required to comply with the Downtown Meridian Design Guidelines for the townhouse units proposed at the rear of the property. NOTE: A CZC application may include all townhouse structures within the development. CONDITIONAL USE PERMIT: The Applicant is requesting a Conditional Use Permit (CUP) to construct 6 townhouse units in a proposed O -T zone that do not meet the criteria of the Downtown Meridian Design Guidelines (DMDG). Per UDC 11 -2D -4D3, any applications that do not meet the criteria in the DMDG shall be subject to CUP approval. The CUP request only applies to the structures proposed on the easterly, residential building lots (Lots 2, 3, 4, 6, 7, and 8), not the proposed office lots (Lots 1 & 9). The Applicant states that any future renovation of the existing structures on Lots 1 & 9 will be done under the requirements of the O -T district. When the DMDG were drafted, they were intended to apply to new development and any improvements to existing development such as facade improvements and/or building additions of commercial buildings that are located adjacent to right-of-way. The applicant is not planning to Shaylee Estates RZ PP CUP PAGE 8 CITY OF MERIDIAN PLANNING•ARTMENT STAFF REPORT FOR THE HEARING ATE OF AUGUST 21, 2007 make any improvements to the existing structures proposed for future office use that are located along Meridian Road (Lots 1 & 9), therefore compliance with the DMDG is not required at this time. If improvements are proposed in the future, the structures on these lots and the site shall comply with the DMDG. The townhomes are proposed to be located approximately 140 feet from the street behind the existing structures proposed for office uses. For this reason, Staff does not believe that any of the DMDG pertaining to setbacks, building orientation, building height and form, facade treatment/entrances/roofs, mid -block pedestrian pathways, streetscape design, street landscaping, and parking apply to the townhouse portion of the development. The elevations submitted by the Applicant incorporate modulations in the roofline and facade as well as a mix of stone, wood siding and shingle finish materials. Staff believes that the design of the proposed townhouse units will fit well in the Old Town area and will provide a very attractive housing alternative. For the above-mentioned reasons, Staff is in support of the proposed site plan and elevations submitted by the applicant, even though they do not comply with the afore -mentioned design guidelines. Elevations: The Applicant has submitted building elevations for the proposed townhouse units that are included in Exhibit A.3 of this report. The townhouses units are proposed to be two stories, 36'2" in height, and the minimum square footage of the structures, excluding the garage, will be 1,400 square feet. The townhouses will contain two or more bedrooms. Building materials depicted on the elevations are as follows: asphalt shingles on the roof, wood siding, cedar shingles for accents on the walls, manufactured stone on portions of the west and front elevations with manufactured stone accents on the west elevation. Staff approves of the elevations and construction materials submitted with this application for the proposed townhouse units. Certificate of Zoning Compliance (CZC): A CZC is required for the change in use of the existing structures from residential to commercial. Talon Construction Company is currently operating on the southern property proposed as Lot 9, without CZC approval for a change in use of the property. The applicant should obtain CZC approval for Talon Construction Company prior to issuance of any future CZC's on this site. (Note: Contractor's yard is a prohibited use in the O-Tzone) The Applicant shall receive CZC approval prior to issuance of Certificate of Occupancy for the proposed office buildings. Further, a CZC is required prior to issuance of building permits for any and all of the proposed townhouse units within this development. All structures must substantially comply with the elevations submitted with this application. PRELLMI NARY PLAT: The Applicant is requesting preliminary plat approval of 2 commercial office building lots, 6 single-family building lots consisting of two sets of 3 townhouse units, and 1 common area lot on 0.77 of an acre. The preliminary plat was prepared by Tealey's Land Surveying and stamped by Patrick Tealey on March 15, 2007. The Applicant is proposing to construct 6 townhouse units on 6 building lots. The gross density for the residential portion of the development is 7.8 dwelling units per acre. There are two existing homes on the lots adjacent to Meridian Road that will be converted from residential to office use in the future. No improvements (i.e. facade improvements and/or building additions) are proposed for these structures with this application. Dimensional Standards: This site is required to comply with the development standards of the O -T zoning district listed in UDC 11-2D-4 as follows: A. Maximum building height is seventy-five (75'). The elevations show the proposed townhouse units are 38' 2 " in height; no improvements are planned for the existing structures proposed for office use. Shaylee Estates RZ PP CUP PAGE 9 CITY OF MERIDIAN PLANNINGPPARTMENT STAFF REPORT FOR THE HEARINGDATE OF AUGUST 21, 2007 B. Minimum number of stories for new construction is two (2). The elevations show the proposed townhouse units are two stories. C. Additional height exceeding the maximum height allowed requires approval through a conditional use permit. The townhouse units will not exceed the maximum height allowed. D. Administrative design review: 1. All new construction and exterior modifications shall be subject to administrative design review in accord with the procedures set forth in Chapter 5 ADMINISTRATION of this Title. No new construction or exterior modifications are planned for the existing structures proposed for office use; the Applicant is requesting CUP approval for the proposed townhouse units that do not meet the criteria of the Downtown Meridian Design Guidelines as required in UDC 11 -2D -4D3 below. 2. The criteria for the administrative design review are set forth in the document "Downtown Meridian Design Guidelines." 3. Any applications that do not meet the criteria in the Downtown Meridian Design Guidelines shall be subject to a conditional use permit as set forth in Chapter 5 ADMINISTRATION. The Applicant is requesting CUP approval with this application for the proposed townhouse units as they do not comply with the afore -mentioned design guidelines. E. Landscaping Requirements: See Chapter 3 Article B LANDSCAPING REQUIREMENTS. Note: The future office portion of this site located on Lots 1 & 9 has not been reviewed for compliance with UDC internal parking and landscaping standards. Review of the internal elements of the site will take place with Certificate of Zoning Compliance approval. (Note: The parking stall dimensions shown on the site plan do not meet the dimensional standards listed in UDC I1 -3C-5) Existing Structures: The site currently contains two homes and a garage. The existing residences will be retained and converted to offices. All other structures, including the detached garage on the site, shall be removed as proposed prior to release of building permits for this development. Sidewalk: A 5 -foot wide detached sidewalk is required to be constructed along Meridian Road, in accordance with ACRD standards and UDC 11-3A-17. The sidewalk shall be placed within the right-of-way or a public pedestrian easement depicted on the plat. Landscaping: A 25 -foot wide street buffer is required along N. Meridian Road and should be landscaped according to the standards listed in UDC 11-3B7C. Said buffer shall be on a common lot or on a permanent easement maintained by the property owner or business owners' association (see condition in Exhibit B). A buffer to adjoining uses in not required in the proposed O -T zone per UDC 11 -3B -9C. The new trees proposed within the common area on Lot 5 are located within a sewer easement and are not allowed; existing trees may remain. The site/landscape plan submitted by the Applicant complies with the required street buffer landscaping. The existing buildings are located outside of the required buffer; the existing setback dimensions shown on the plan are incorrect. Fencing: The applicant has indicated on the site/landscape plan that the existing fence is to be removed. No new fencing is proposed on the plan. Because the UDC does not require fencing for this development, Staff is not including a condition as such. Fencing constructed adjacent to the common area on Lot 5 shall not exceed 4 feet in height if closed vision fencing is used. Open Shaylee Estates RZ PP CUP PAGE 10 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 vision up to 6 feet in height is allowed as it provides visibility from adjacent homes or buildings (see UDC 11-3A-7). Cross Access: The applicant is proposing a driveway stub to the properties to the north and south of the site for future connectivity. Staff is supportive of this proposed cross -access. Cross -access should be provided to the properties to the north and south via a note on the plat or a recorded cross -access agreement. 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. PRIVATE STREETS: The applicant is not proposing private streets within this development. However, Staff is requesting that the proposed driveway from N. Meridian Road to the townhouse units be constructed and designed as a private street for addressing purposes of the townhouse units. The Applicant should submit a Private Street application to the Planning Department for staff level approval prior to submittal of the final plat application (see condition of approval in Exhibit B). Per UDC 11-3F-4, all private streets shall be designed and constructed to the following standards: A. Design standards: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to all applicable properties. 2. Connection point: Where the point of connection of the private street is to a public street, the private street shall be approved by the Transportation Authority. 3. Emergency vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Meridian Fire Department. 4. Gates: Gates or other obstacles shall not be allowed. B. Construction standards: 1. For conversion of an existing facility to a private street at the direction of the Fire Marshal: a. All drive aisles shall be posted as fire lanes with no parking allowed. b. If a curb exists next to the drive aisle, it shall be painted red. 2. For all other private streets: a. Roadway and storm drainage: The private street shall be constructed in accord with the roadway and storm drainage standards of the Transportation Authority or as approved by the City of Meridian based on plans submitted by a certified engineer. b. Street width: The private street shall be constructed within the easement and shall have a travel lane width of twenty-four (24) feet or twenty-six (26) feet as determined by the Fire Marshal relative to the height and size of the proposed structures that adjoin the private street. Shaylee Estates RZ PP CUP PAGE 11 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 c. Sidewalks: A five-foot (5') attached sidewalk or four -foot (4) detached sidewalk shall be provided on one side of the street in commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists. d. Fire lanes: all drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. b. Staff Recommendation: Staff recommends approval of the subject applications (RZ-07-011, CUP -07-010, & PP -07-010) based on the Findings listed in Exhibit D and the conditions listed in Exhibit B of this Staff Report for the hearing date of July 5, 2007. The Meridian Planning & Zoning Commission heard these items on June 7 2007 and July 5, 2007 At the public hearing on July 5, 2007 they moved to recommend approval to City Council of the subiect RZ, PP. & CUP requests. The Meridian City Council heard these items on Angus+ 21.2007. At the public hearing they approved the subject R4 PP_ and CID rermPst_ 11. EXHEBITS A. Drawings 1. Preliminary Plat (dated: 3/07, stamped 3/15/07 by Patrick Tealey) 2. Site/Landscape Plan (dated 3/13/07) 3. Townhouse Elevations (dated: 3/13/07) 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 Shaylee Estates RZ PP CUP PAGE 12 CITY OF MERIDIAN PLANNINGDEPARTMENT STAFF REPORT FOR THE • G DATE OF AUGUST 21, 2007 A. Drawings 1. Preliminary Plat (dated: 3/07, stamped 3/15/07 by Patrick Tealey) Exhibit A PRaJMMY PLAT Of s► AVLU SUBONAM e.+�t w Haler � Via. T ee� ew, 9007 r� elm w MASIMLEMNAWARMa". CITY OF MERIDIAN PLANNINGDEPARTMENT STAFF REPORT FOR THE • G DATE OF AUGUST 21, 2007 2. Site/Landscape Plan (dated 3/13/07) M 41 ll , R6 F � TT _9 _�.�-_�, t...`— ^q�r' —n0'.� L; 4 r--e��"'; � �• b, ���,q ;''T y 7 ro LUT 4 _._ - '" ._�,.._..--4t.i. ear 1 •�' �� �•� _ SITE PLAN 1 LAINW-VE M yp KEYED N4TE5 LESOIO tl�RtE fFlgtt,p7§ �" wrm— 'w` aye MWas®M a—Z 0 e-- mby � Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAR�DATE OF AUGUST 21, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 REZONE COMMENTS 1.1.1 The rezone legal description submitted with the application (stamped on February 2, 2007 by Patrick A. Tealey, PLS) is accurate and meets the requirements of the City of Meridian and Idaho State Tax Commission. 1.1.2 Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: • The applicant shall comply with all standards in the Downtown Meridian Design Guidelines upon development and any proposed improvements to existing development on Lots 1 and 9 (the future office lots) along N. Meridian Road, such as fagade improvements and/or building additions. • Obtain CZC approval for Talon Construction Company currently in operation on the southern property proposed as Lot 9, prior to issuance of any future CZC's on this site. (Note: Contractor's yard is a prohibited use in the 0-Tzone) A Certificate of Zoning Compliance is required prior to issuance of building permits for any and all of the proposed townhouse units within this development. All structures must substantially comply with the elevations submitted with this application. The Applicant is not required to comply with the Downtown Meridian Design Guidelines for the townhouse units proposed at the rear of the property. NOTE: A CZC application pLay include all townhouse structures within the development. 1.2 PRELIMINARY PLAT — SITE SPECIFIC REQUIREMENTS 1.2.1 The preliminary plat, prepared by Tealey's Land Surveying, dated March, 2007 (stamped by Patrick Tealey on March 15, 2007), is approved, with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ-07-011) and Conditional Use Permit (CUP -07- 010) applications shall also be considered conditions of the preliminary plat. 1.2.2 The site/landscape plan prepared by BRS Architects on March 13, 2007, is approved with the following modifications/notes: • The new trees proposed within the common area on Lot 5 afe leeated w shall be located outside of the future a sewer easement and ffe not al4owe ; existing trees may remain. Revise plan accordingly. • Depict a 5 -foot wide detached sidewalk along N. Meridian Road within the landscape street buffer or within the right-of-way (see ACHD's conditions for exact location). • 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 11-313-14. 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 Final Plat and Certificate of Zoning Compliance application(s). Exhibit B CITY OF MERIDIAN PLANNINGOPARTMENT STAFF REPORT FOR THE HEARINGDATE OF AUGUST 21, 2007 1.2.3 A private street is required to be constructed from N. Meridian Road to the townhouse units for addressing purposes. The Applicant shall submit a Private Street application for staff level approval prior to submittal of the final plat application. Said Private Street shall be designed and constructed according to the standards listed in UDC 11-317-4. 1.2.4 A 5 -foot wide detached sidewalk is required to be constructed along Meridian Road, in accordance with ACHD standards and UDC 11-3A-17. The sidewalk shall be placed within the right-of-way or a public pedestrian easement depicted on the final plat. See ACHD's requirements for location of the sidewalk. 1.2.5 A Certificate of Zoning Compliance (CZC) is required for the change in use of the existing structures from residential to commercial. The Applicant shall receive CZC approval prior to issuance of Certificate of Occupancy for the proposed office buildings and townhouse buildings. 1.2.6 Cross -access shall be provided to the properties to the north and south of the subject property at the driveway stub locations shown on the site plan. Place a note on the final plat or record an easement granting vehicular access to the properties to the north and south. 1.2.9 A note prohibiting direct access to N. Meridian Road, except for the access point approved with this application, shall be added to the final plat. 1.2.10 A 25 feet wide street buffff is reqWTed along N. Meridian Read and sha-H be landseap aeeer-ding to _e standards listed in UDC 11 3B:7G. Said buffeF shaJ4 be depic4ed en the plat i asseeiatien.. 1.2.11 All signage for the site requires approval of a sign permit. All signage must comply with the standards listed in UDC 11-3D. 1.2.12 If permanent perimeter fencing is not provided on the site, temporary fencing to contain debris during construction shall be installed around the residential portion of the site prior to release of building permits. 1.2.13 Fencing constructed adjacent to the common area on Lot 5 shall not exceed 4 feet in height if closed vision fencing is used. Open vision up to 6 feet in height is allowed as it provides visibility from adjacent homes or buildings (see UDC 11-3A-7). 1.2.14 Underground, pressurized irrigation must be provided to all lots within this development. 1.2.15 Prior to signature of the final plat, remove existing structures that span across proposed lot lines. 1.3 CONDITIONAL USE PERMIT — SITE SPECIFIC CONDITIONS OF APPROVAL 1.3.1 The site/landscape plan, prepared by BRS Architects, dated March 13, 2007, labeled as Sheet SD - 1, is approved, with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ-07-011) and Preliminary Plat (PP -07-010) applications shall also be considered conditions of the conditional use permit. 1.3.2 A Certificate of Zoning Compliance is required prior to issuance of building permits for any and all of the proposed townhouse units within this development. All structures must substantially comply with the elevations submitted with this application. The Applicant is not required to comply with the Downtown Meridian Design Guidelines for the townhouse units proposed at the rear of the property. NOTE: A CZC application may include all townhouse structures within the development. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains located near the east property line. 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 N Meridian Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Prior to any excavation or improvements within this development that applicant shall submit a Flood Plain Development Permit and comply with all conditions of the same. 2.4 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. 2.5 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.6 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. 2.7 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. 2.8 All existing structures not meeting setbacks or the dimensional standards of the UDC shall be removed prior to building permits being released. 2.9 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. 2.10 Any meter tiles located in common driveways shall be upgraded to traffic rated materials per City of Meridian Standard Specifications. 2.11 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. 2.12 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. Exhibit B • CITY OF MERIDIAN PLANNING VPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 2.13 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 inigation/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. 2.14 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. 2.15 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. 2.16 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. 2.17 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. 2.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.19 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.20 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. 2.21 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. 2.22 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. 2.23 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25 -feet, height for 250 watt fixtures is 30 -feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %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. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARI11DATE OF AUGUST 21, 2007 g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 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. 3.6 Building setbacks shall be per the International Building Code for one and two story construction. 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 Maintain a separation of 5' from the building to the dumpster enclosure. 3.9 The Fire Dept. has concerns about the addresses of the proposed townhouses being visible from the street which the project is addressed off of. For this reason, the Fire Department requests that a private street be provided from Meridian Road to the townhouse units for addressing purposes. 3.10 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.11 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.12 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.13 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 4. POLICE DEPARTMENT 4.1 A private street should be provided from N. Meridian Road to the townhouse units located at the rear of the property for addressing purposes. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-313-10) will be followed. Exhibit B • CITY OF MERIDIAN PLANNING EPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 6. SANITARY SERVICE COMPANY 6.1 No comments were received from SSC regarding this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Construct a 5 -foot detached concrete sidewalk a minimum of 28 -feet from the centerline of the roadway, OR provide the district with a road trust in the amount of $3250.00 for the future construction of the sidewalk as part of the Meridian Split Corridor Project. 7.1.2 Utilize an existing 20 -foot driveway located approximately 55 -feet north from the south property line (measured property line to near edge). Pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 - foot radii abutting the existing roadway edge. 7.1.3 Other than the access specifically approved with this application, direct lot access is prohibited to Meridian Road and shall be noted on the final plat. 7.1.4 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2. l Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of-way. 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 DIGLM (1-800-342-1585) at least two full business days Exhibit B CITY OF MERIDIAN PLANNINGIPPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito -breeding problem. Exhibit B • CITY OF MERIDIAN PLANNING ISEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 C. Legal Description & Exhibit Map TEALLY'S LAND 187 Err� � �sr�i E Cit SURVEYING (M) 385-036 Fax (2N) 38SM96 Project. No.: 3079 Data: March 2, 2007 DESCRIPTION FOR O -T DISTRICT PROPOSED SHAYLEE SUBDIVISION A parcel of land being a portion of the NW 114 of Section 7. T.3k. R=1EP B.M., and a portion of 4 of F.A. Nourse% Third Audition, as filed for record In the office of the Ade County Recorder, Boise. Idaho In Book 6 of Plats at page 289, k%ridian, Ada County, Idaho and more particularly described as follows: Commencing at a brass cap marking the Northwest comer of said Section 7, them along the West boundary of said Sodori 7. which is also the centefine of North Meridian Road South 00°24°19"West 911.97 feet to the POINT OF BEGINNING, thence !saving said centerline along a line Norah of and parallel with the North boundary of said Bloc 4 North 89°3105" East 263.11 feet to a point on the North-South centerline of said Stock 4; thence along said centerline South 00028'48" West 29.13 feet to a point; thence heaving said centerline North W3T05" East 0.08 feet to a point, thence along a tine East of and parallel with said West boundary of Stock 4 South 00°2019" West 100.87 feet to a int on said South boundary of Block 4, thence along said South boundary and South boundary extended Souk 891137105" West 263.15 feet to a point on said West boundary of Section 7; thence along said West boundary North 00024'99" East 130.00 feet to the POINT OF BEGINNING. t Exhibit C Said parcel of land contains 0.785 acre, more or lass: CITY OF MERIDIAN PLANNING11PARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 ZONING EXHIBIT FOR. SHAYL.EE SUBDIVISION AfW=Wa=4fjLWJlnMj9M Lw'm lc 'A sm?, ukftl. m 9K cm,wo PAW gKKS mEp Exhibit C T m - -rmq s 96`r" "* of 0.13' �S a +, pr s aw �. a- -------- ---- i am&phi +� + "A" so �► � O ws 14 1'� S 1 . _ _. .. _ r:�.(sa _� " �. 1 uws�®w ... s B/•sT°dtib' 1P .. ictt�a�. PAW gKKS mEp Exhibit C T i CITY OF MERIDIAN PLANNING1PARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 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 zone all of the subject property to O -T (Old Town). The 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 Council finds that future development of this property will comply with the purpose statement of the O -T zone, which encourages mixed use, compact development that facilitates the efficient use of services. The Applicant is requesting a CUP for the townhouse portion of the development because the proposed units do not meet the development standards contained in the Downtown Meridian Design Guidelines (see Section 10 of this report for more information). c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The 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 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 Applicant is requesting a CUP for the townhouse portion of the development because the proposed units do not meet the development standards contained in the Downtown Meridian Design Guidelines. The Council finds that if the site is designed in accordance with the site/landscape plan submitted with this application and the conditions of approval in Exhibit Exhibit D 0 CITY OF MERIDIAN PLANNING IPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 B, the site will be large enough to accommodate the proposed use and meet all other dimensional and development regulations of the O -T district. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council finds that the proposed residential townhouses and future offices in the proposed O -T zone comply with 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 Council finds that the proposed office and residential use of the property 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 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 Council finds that sanitary sewer, domestic water and irrigation is already provided to the front portion of the development where the existing homes are and can be made available to the townhouse units proposed at the rear of the property. Please refer to comments prepared by the Public Works Department, Fire Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Council finds that the applicant will pay to extend the sanitary sewer and water mains to the townhouse units at the rear of 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 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. Staff recognizes the fact that traffic and noise will increase with the approval of this development; however, Staff does not believe that the amount generated will be detrimental to the general welfare of the public. Exhibit D 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 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 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: a. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed density and proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services are currently provided to the front portion of the development where the existing homes are located and can be made available to accommodate the proposed development at the rear of the property. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. L The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic, or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage Exhibit D CITY OF MERIDIAN PLANNING I3EPARTMENT STAFF REPORT FOR THE HEAT � DATE OF AUGUST 21, 2007 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 August 31, 2007 CUP 07-010 MERIDIAN CITY COUNCIL MEETING September 4, 2007 APPLICANT Tealey's Land Surveying ITEM NO. 5-D REQUEST Findings for Approval — Request for a Conditional Use Permit to construct 6 town homes in a proposed O -T zone that do not meet the criteria of the downtown meridian design guidelines for Shaylee Estates — 1402 & 1414 N. Meridian Road 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: 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: Materlals presented at public meetings shall become property of the City of Meridian. E CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • r y- err° riF6 ridian - vq 4'tl���l$��gwil In the Matter of Request for Rezone of 0.77 of an Acre from C -C (Community Business) to O -T (Old Town); Preliminary Plat of 2 Office Building Lots, 6 Single-family Residential Building Lots, and 1 Common Lot on 0.77 of an Acre; and Conditional Use Permit to Construct 6 Townhomes in a Proposed O -T Zone that do not Meet the Criteria of the Downtown Meridian Design Guidelines, for Shaylee Estates Subdivision by Tealey's Land Surveying & Marc Johnson. Case No(s). RZ-07-011, PP -07-010, & CUP -07-010 For the City Council Hearing Date of. August 21, 2007 (Findings on the September 4, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 21, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 21, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 21, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 21, 2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-011, PP -07-010, & CUP -07-010 Page 1 of 5 0 • 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of August 21, 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 Rezone to O -T as evidenced by having submitted the Legal Description & Exhibit Map, stamped on February 2, 2007 by Patrick Tealey, is hereby approved per the Development Agreement provisions; 2. The Applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat, dated March 2007, is hereby conditionally approved; 3. The Applicant's Conditional Use Permit as evidenced by having submitted the Site/Landscape Plan, dated March 13, 2007, is hereby conditionally approved; and 4. The site specific and standard conditions of approval and Development Agreement provisions are as shown in the attached Staff Report for the hearing date of August 21, 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-011, PP -07-010, & CUP -07-010 Page 2 of 5 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. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-011, PP -07-010, & CUP -07-010 Page 3 of 5 i 0 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 August 21, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-011, PP -07-010, & CUP -07-010 Page 4 of 5 By action of the City Council at its regular meeting held on the 4 45 day of 2007. IF 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 SjMEL _ WILLIAM G. BERG, JR., tfITYCLERK Copy served upon: —�kpplicant %,, rl lanning Departm&V��4- -ublic Works Department City Attorney Dated: P P 10 0—'1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-011, PP -07-010, & CUP -07-010 Page 5 of 5 0 CITY OF MERIDIAN PLANNING 13EPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 STAFF REPORT HEARING DATE: August 21, 2007 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: Shaylee Estates • RZ-07-011 Request for Rezone of 0.77 of an acre from C -C (Community Business) to O -T (Old Town), by Tealey's Land Surveying. • PP -07-010 Request for Preliminary Plat approval of 2 office building lots, 6 single-family residential building lots, and 1 common lot on 0.77 of an acre, by Tealey's Land Surveying. • CUP -07-010 Request for Conditional Use Permit approval to construct 6 townhomes in a proposed O -T zone that do not meet the criteria of the Downtown Meridian Design Guidelines, by Marc Johnson. I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST Tealey's Land Surveying has applied for a Rezone (RZ) of 0.77 of an acre from C -C (Community Business) to O -T (Old Town). A Preliminary Plat (PP) is also requested for approval of 2 commercial office building lots, 6 single-family residential building lots, and 1 common lot on the property. Concurrently, Marc Johnson is requesting Conditional Use Permit (CUP) approval to construct 6 townhomes in the proposed O -T zone that do not meet the criteria of the Downtown Meridian Design Guidelines (DMDG). Per UDC 11-2D4D3, any applications that do not meet the criteria in the DMDG shall be subject to a CUP. The CUP request is only for the six easterly, single-family building lots; any future renovation of existing structures will be done under the requirements of the O -T district and will be subject to compliance with the DMDG in effect. The site is located on the east side of N. Meridian Road, approximately 1/a mile south of E. Fairview Avenue. The site consists of two properties currently addressed as 1402 and 1414 N. Meridian Road. Currently, there are two single-family homes and associated outbuilding on this site. The subject property is currently located within the Urban Service Planning Area and the corporate boundaries of the City. 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 and Preliminary Plat applications. Staff is recommending approval of the proposed Shaylee Estates development (RZ-07-011, CUP -07- 010, & PP -07-010) with the conditions listed in Exhibit B of the Staff Report. Shaylee Estates RZ PP CUP PAGE 1 errvnF;- �a IDAHO 7 • RZ-07-011 Request for Rezone of 0.77 of an acre from C -C (Community Business) to O -T (Old Town), by Tealey's Land Surveying. • PP -07-010 Request for Preliminary Plat approval of 2 office building lots, 6 single-family residential building lots, and 1 common lot on 0.77 of an acre, by Tealey's Land Surveying. • CUP -07-010 Request for Conditional Use Permit approval to construct 6 townhomes in a proposed O -T zone that do not meet the criteria of the Downtown Meridian Design Guidelines, by Marc Johnson. I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST Tealey's Land Surveying has applied for a Rezone (RZ) of 0.77 of an acre from C -C (Community Business) to O -T (Old Town). A Preliminary Plat (PP) is also requested for approval of 2 commercial office building lots, 6 single-family residential building lots, and 1 common lot on the property. Concurrently, Marc Johnson is requesting Conditional Use Permit (CUP) approval to construct 6 townhomes in the proposed O -T zone that do not meet the criteria of the Downtown Meridian Design Guidelines (DMDG). Per UDC 11-2D4D3, any applications that do not meet the criteria in the DMDG shall be subject to a CUP. The CUP request is only for the six easterly, single-family building lots; any future renovation of existing structures will be done under the requirements of the O -T district and will be subject to compliance with the DMDG in effect. The site is located on the east side of N. Meridian Road, approximately 1/a mile south of E. Fairview Avenue. The site consists of two properties currently addressed as 1402 and 1414 N. Meridian Road. Currently, there are two single-family homes and associated outbuilding on this site. The subject property is currently located within the Urban Service Planning Area and the corporate boundaries of the City. 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 and Preliminary Plat applications. Staff is recommending approval of the proposed Shaylee Estates development (RZ-07-011, CUP -07- 010, & PP -07-010) with the conditions listed in Exhibit B of the Staff Report. Shaylee Estates RZ PP CUP PAGE 1 CITY OF MERIDIAN PLANNINGPPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 _The Meridian Planning & Zoning Commission heard these items on June 7 2007 and July 5 2007. At the public hearing on July 5 2007 they moved to recommend approval to City Council of the subject RZ, PP. & CUP requests. a. Summary of Commission Public Hearing: i. In favor: Andrew Davis, BRS Architects (Applicant's Representative); Mark Johnson (Owner/Applicant); Bond Campbell (property owner to south) ii. In opposition: None iii. Commenting: Susan Hadley iv. Written testimony: None V. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issues) of Discussion by Commission: i. Construction of a private street and sidewalk from Meridian Road to the townhouse units on Lots 2.3 4 6, 7 & 8 Block 1• ii. Location of trees within the common lot on Lot 5, Block 1 outside of the future sewer easement c. Key Commission Change(s) to Staff Recommendation: i. Modify condition of approval #1.2.2 to state that no new trees may be located within the sewer easement. However, the trees may be located on the common lot if they are outside the easement; ii. Strike condition of approval #1.2.10, which requires a 25 -foot wide buffer adiacent to Meridian Road (buffer is not required in the O -T district) d. Outstanding Issue(s) for City Council: i. Update: Since the Commission hearing, the Applicant submitted a Certificate of Zoning Compliance application for Talon Construction 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-07- 011, CUP -07-010, & PP -07-010 as presented in staff report for the hearing date of August 21, 2007 with the following modifications: (Add any proposed modifications.) Shaylee Estates RZ PP CUP PAGE 2 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-07- 011, CUP -07-010, & PP -07-010 as presented in during the hearing on August 21, 2007 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat and conditional use permit. You must state what the applicant could do to gain your approval of the CUP in the future.) Continuance I move to continue File Numbers RZ-07-011, CUP -07-010, & PP -07-010 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: 1402 & 1414 N. Meridian Road (Parcel #'s R6129020550 & R6129020531) NW % of Section 7, Township 3 North, Range 1 East b. Owner: Marc Johnson 1402 N. Meridian Road Meridian, ID 83642 c. Applicants: Tealey's Land Surveying (RZ & PP) 187 E. 50'h Street Garden City, ID 83714 Marc Johnson (CUP) 1402 N. Meridian Road Meridian, ID 83642 d. Representatives: Donna Dodson, Tealey's Land Surveying (RZ & PP) Andrew Davis, BRS Architects (CUP) e. Present Zoning: C -C (Community Business) f. Present Comprehensive Plan Designation: Old Town g. Description of Applicant's Request: `BRS Architects on behalf of Talon Construction is requesting a CUP to construct 6 townhomes in the O -T district, which deviate from the requirements of the Design Guidelines. The property is currently two lots in the C -C district, each with an existing structure which will remain but will be subdivided into 9 separate lots and rezoned to the O -T district. The two re -defined westerly lots will have new parking areas developed behind the existing structures that remain but the buildings themselves will not be modified. The townhomes will be developed on the 7 lots to the east. The CUP application only considers the 7 easterly lots. Any future renovation of the existing structures will be done under the requirements of the O -T district. The design guidelines for the O -T district primarily address commercial structures fronting the street and do not adequately address residential uses or account for structures located behind those fronting on the street. The proposed townhouses are located more than 140' from the street and are behind the two existing Shaylee Estates RZ PP CUP PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 structures which will remain. The new buildings have been designed to create interest through modulations of the roof line and facade as well as a mix of stone, wood siding and shingle finish materials. This design should fit in well with the intent of the district and will be a positive addition to the area. We not meet, however, some of the requirements of the district for glazing area, balcony heights and parapets which are not readily achievable in residential structures and which may not be applicable to buildings located in the rear of a development." (See Applicant's letter for more detail.) 1. Date of Site/Landscape Plan (attached in Exhibit A): March 13, 2007 2. Date of Preliminary Plat (attached in Exhibit A): March, 2007 3. Date of Building Elevations (attached in Exhibit A): March 13, 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 application will in fact constitute a Preliminary Plat 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. d. Newspaper notifications published on: June 18, 2007 and July 2, 2007 (Commission); July 30, 2007 and August 13, 2007 (City Council) e. Radius notices mailed to properties within 300 feet on: May 29, 2007 (Commission); July 27, 2007 (City Council) f. Applicant posted notice on site by: May 17, 2007 (Commission); July 24, 2007 (City Council) 6. LAND USE a. Existing Land Use(s): There are two single-family homes and associated outbuildings on the site. The home on the property at 1402 N. Meridian Road is currently being used as an office for Talon Construction Company (Note: the property has not received Certificate of Zoning Compliance approval for a change in use from residential to office) b. Description of Character of Surrounding Area: The general area surrounding this site consists primarily of residential uses, with a beauty salon, a church, and a ceramic store (Kock -a - Doodles). c. Adjacent Land Use and Zoning: 1. North: Commercial property, zoned C -C 2. East: Commercial property and residential mobile home park, zoned C -C 3. South: Residential property, zoned C -C 4. West: Residential properties, zoned R-4 d. History of Previous Actions: • This property consists of a portion of Block 4 of F. A. Nourse's Third Addition subdivision. Shaylee Estates RZ PP CUP PAGE 4 CITY OF MERIDIAN PLANNINGIEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 • This property was previously rezoned to C -C (date unknown) e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This property is proposing to sewer to mains located near the east property line of the project. Location of water: This property is proposing water service to mains located in N Meridian Road. Issues or concerns: None 2. Canals/Ditches Irrigation: 3. Hazards: None known 4. Proposed Zoning: O -T (Old Town) 5. Size of Property: 0.77 of an acre f. Landscaping 1. Width of street buffer(s): A 25 -foot wide buffer is required along N. Meridian Road in accordance with the standards listed in UDC 11 -3B -7C. 2. Width of buffer(s) between land uses: A buffer to adjoining uses in not required in the proposed O -T zone per UDC 11 -3B -9C. Parking Lot Landscaping: Perimeter and internal parking lot landscaping is required on Lots 1 & 9 in accordance with the standards listed in UDC 11 -3B -8C. Perimeter and internal landscaping on Lots 1 & 9 will be reviewed for compliance with UDC standards with submittal of the Certificate of Zoning Compliance application. (Note: The parking stall dimensions shown on the site plan do not meet the dimensional standards listed in UDC 11-3C-5.) g. Off -Street Parking: UDC 11-3C-6 requires single-family dwellings with more than 1 bedroom to have 2 parking spaces per dwelling unit in an enclosed garage with a 20 foot x 20 foot parking pad between access and garage. The site plan shows concrete driveways for each of the units that exceed the afore -mentioned size requirements. h. Summary of Proposed Streets and/or Access: Access to the site will be provided from N. Meridian Road. The applicant is proposing to construct a 20 -foot wide driveway within an ingress/egress and public utilities easement for access to the parking area for the commercial uses and the townhomes. ACHD and Staff are supportive of the proposed location of the driveway. Driveways are also stubbed to the properties to the north and south for future connectivity. However, for addressing purposes, Staff is requesting that the proposed driveway be approved and constructed as a private street (see comments and conditions stated in Section 10, Analysis, and Exhibit B of this report.) 7. COMMENTS MEETING On May 18, 2007 a joint agency and department meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. Shaylee Estates RZ PP CUP PAGE 5 CITY OF MERIDIAN PLANNING�PARTMENT STAFF REPORT FOR THE HEAR DATE OF AUGUST 21, 2007 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Old Town" on the Comprehensive Plan Future Land Use Map. The Applicant is proposing to rezone the property to O -T (Old Town), which is compatible with this designation. Old Town is defined in the Comprehensive Plan as follows: "This includes the historic downtown and the true community center. Uses would include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses could include reuse of existing buildings for residential uses, new construction of multi -family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historical character, specific design requirements may be imposed. Pedestrian amenities would be emphasized. Public investment to ensure that Old Town becomes a centralized activity center with public, cultural, and recreational structures would be encouraged. The boundary of the Old Town district predominantly follows Meridian's historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings." Staff fords that the proposed Rezone complies with the applicable provisions of the Comprehensive Plan and furthers the goals and objectives set forth therein. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1, page 111). When the City established its Area of City Impact, it planned to provide City services to the subject property. The subject property is already within the corporate boundaries of the City and the two existing homes are already serviced. The City of Meridian plans to provide municipal services to the lands proposed to be developed 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 (AChD). 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. • Promote development of Old Town and encourage infill development (Chapter IV, Goal II, Objective D, page 28). The subject application proposes to develop an infill property located within the downtown area that contains two existing homes, which will be retained for commercial office property. The remainder of the property will be developed with 6 residential townhouse units. • Encourage infill development in vacantlunderdeveloped areas within the City over fiinge area development to halt the outward progression of urban development (Chapter V, Goal I, Objective A.3, page 39). The subject property is currently an underdeveloped piece of land that lies within the City's Old Town designated area. The subject application proposes to develop the property with Shaylee Estates RZ PP CUP PAGE 6 CITY OF MERIDIAN PLANNING EPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 more intense uses, a mix of residential and commercial office uses. Staff believes that by providing both residential and commercial opportunities within the downtown area, this will slow the outward progression (sprawl) of urban development. • Require all commercial and industrial businesses to install and maintain landscaping (Chapter V, Goal III, Objective D, Action 3, page 43). The commercial (office) portion of this property (Lots I & 9) will be required to install landscaping as follows: A 25 foot wide landscape buffer is required adjacent to N. Meridian Road and internal parking lot landscaping is required (see Section 10 Analysis and Exhibit B of this staff report). • Encourage residential infill to utilize existing services (Chapter VII, Goal IV, Objective C, page 113). The proposed residential portion of this development will utilize existing services in this area. • Support a variety of residential categories (low-, medium-, and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The proposed townhouse units will assist in providing a variety of different housing types within the City. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1, page 113). Staff believes that the proposed office uses of the front portion of the property are more compatible with existing residential uses to the south and west and will not be as intense as other types of commercial uses that could be permitted in Old Town. Staff believes that the proposed residential use of the property for townhomes will be compatible with the adjacent land uses. Staff believes that the proposed O -T zoning of the property complies with the Comprehensive Plan Land Use Map designation of Old Town. Further, Staff believes that the proposed use of the property will be compatible with the other uses in the area and the intended character of the Old Town area. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: UDC Table 11-2D-2 lists the principal permitted, accessory, and conditional or prohibited uses in the O -T zoning district. The proposed townhouse dwellings and professional services (offices) are listed as principal permitted uses in the O -T zone. b. Purpose Statement of the Traditional Neighborhood Districts: Per UDC 11-2D-1, the purpose of the traditional neighborhood districts is to encourage mixed use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. Vertically integrated residential projects are encouraged in all traditional neighborhood districts. A traditional neighborhood district diversifies and integrates land uses within close proximity to each other, and it provides for the daily recreational and shopping needs of the residents. Shaylee Estates RZ PP CUP PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21 2007 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: .REZONE: Based on the policies and goals contained in the Comprehensive Plan and the Future Land Use Map designation of Old Town, Staff believes that the requested O -T zone is appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and findings for a rezone. The rezone legal description submitted with the application (stamped on February 2, 2007 by Patrick A. Tealey, PLS) is accurate and meets the requirements of the City of Meridian and Idaho State Tax Commission. UDC 11-5B-3132 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. Due to the development standards of the Old Town district, Staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties. If the Commission or Council feels additional development agreement requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 8884433 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: • The applicant shall comply with all standards in the Downtown Meridian Design Guidelines upon development and any proposed improvements to existing development on Lots 1 and 9 (the future office lots) along N. Meridian Road, such as fagade improvements and/or building additions. • Obtain CZC approval for Talon Construction Company currently in operation on the southern property proposed as Lot 9, prior to issuance of any future CZC's on this site. (Note: Contractor's yard is a prohibited use in the O-Tzone) • A Certificate of Zoning Compliance is required prior to issuance of building permits for any and all of the proposed townhouse units within this development. All structures must substantially comply with the elevations submitted with this application. The Applicant is not required to comply with the Downtown Meridian Design Guidelines for the townhouse units proposed at the rear of the property. NOTE: A CZC application a include all townhouse structures within the development. CONDITIONAL USE PERMIT: The Applicant is requesting a Conditional Use Permit (CUP) to construct 6 townhouse units in a proposed O -T zone that do not meet the criteria of the Downtown Meridian Design Guidelines (DMDG). Per UDC 11 -2D -4D3, any applications that do not meet the criteria in the DMDG shall be subject to CUP approval. The CUP request only applies to the structures proposed on the easterly, residential building lots (Lots 2, 3, 4, 6, 7, and 8), not the proposed office lots (Lots 1 & 9). The Applicant states that any future renovation of the existing structures on Lots 1 & 9 will be done under the requirements of the O -T district. When the DMDG were drafted, they were intended to apply to new development and any improvements to existing development such as fagade improvements and/or building additions of commercial buildings that are located adjacent to right-of-way. The applicant is not planning to Shaylee Estates RZ PP CUP PAGE 8 CITY OF MERIDIAN PLANNING ISEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21 2007 make any improvements to the existing structures proposed for future office use that are located along Meridian Road (Lots 1 & 9), therefore compliance with the DMDG is not required at this time. If improvements are proposed in the future, the structures on these lots and the site shall comply with the DMDG. The townhomes are proposed to be located approximately 140 feet from the street behind the existing structures proposed for office uses. For this reason, Staff does not believe that any of the DMDG pertaining to setbacks, building orientation, building height and form, facade treatment/entrances/roofs, mid -block pedestrian pathways, streetscape design, street landscaping, and parking apply to the townhouse portion of the development. The elevations submitted by the Applicant incorporate modulations in the roofline and facade as well as a mix of stone, wood siding and shingle finish materials. Staff believes that the design of the proposed townhouse units will fit well in the Old Town area and will provide a very attractive housing alternative. For the above-mentioned reasons, Staff is in support of the proposed site plan and elevations submitted by the applicant, even though they do not comply with the afore -mentioned design guidelines. Elevations: The Applicant has submitted building elevations for the proposed townhouse units that are included in Exhibit A.3 of this report. The townhouses units are proposed to be two stories, 36'2" in height, and the minimum square footage of the structures, excluding the garage, will be 1,400 square feet. The townhouses will contain two or more bedrooms. Building materials depicted on the elevations are as follows: asphalt shingles on the roof, wood siding, cedar shingles for accents on the walls, manufactured stone on portions of the west and front elevations with manufactured stone accents on the west elevation. Staff approves of the elevations and construction materials submitted with this application for the proposed townhouse units. Certificate of Zoning Compliance (CZC): A CZC is required for the change in use of the existing structures from residential to commercial. Talon Construction Company is currently operating on the southern property proposed as Lot 9, without CZC approval for a change in use of the property. The applicant should obtain CZC approval for Talon Construction Company prior to issuance of any future CZC's on this site. (Note: Contractors yard is a prohibited use in the O-Tzone) The Applicant shall receive CZC approval prior to issuance of Certificate of Occupancy for the proposed office buildings. Further, a CZC is required prior to issuance of building permits for any and all of the proposed townhouse units within this development. All structures must substantially comply with the elevations submitted with this application. PRELEVIINARY PLAT: The Applicant is requesting preliminary plat approval of 2 commercial office building lots, 6 single-family building lots consisting of two sets of 3 townhouse units, and 1 common area lot on 0.77 of an acre. The preliminary plat was prepared by Tealey's Land Surveying and stamped by Patrick Tealey on March 15, 2007. The Applicant is proposing to construct 6 townhouse units on 6 building lots. The gross density for the residential portion of the development is 7.8 dwelling units per acre. There are two existing homes on the lots adjacent to Meridian Road that will be converted from residential to office use in the future. No improvements (i.e. facade improvements and/or building additions) are proposed for these structures with this application. Dimensional Standards: This site is required to comply with the development standards of the O -T zoning district listed in UDC 11-213-4 as follows: A. Maximum building height is seventy-five (75'). The elevations show the proposed townhouse units are 38' 2" in height; no improvements are planned for the existing structures proposed for office use. Shaylee Estates RZ PP CUP PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 B. Minimum number of stories for new construction is two (2). The elevations show the proposed townhouse units are two stories. C. Additional height exceeding the maximum height allowed requires approval through a conditional use permit. The townhouse units will not exceed the maximum height allowed. D. Administrative design review: 1. All new construction and exterior modifications shall be subject to administrative design review in accord with the procedures set forth in Chapter 5 ADMINISTRATION of this Title. No new construction or exterior modifications are planned for the existing structures proposed for office use; the Applicant is requesting CUP approval for the proposed townhouse units that do not meet the criteria of the Downtown Meridian Design Guidelines as required in UDC 11 -2D -4D3 below. 2. The criteria for the administrative design review are set forth in the document "Downtown Meridian Design Guidelines." 3. Any applications that do not meet the criteria in the Downtown Meridian Design Guidelines shall be subject to a conditional use permit as set forth in Chapter 5 ADMINISTRATION. The Applicant is requesting CUP approval with this application for the proposed townhouse units as they do not comply with the afore -mentioned design guidelines. E. Landscaping Requirements: See Chapter 3 Article B LANDSCAPING REQUIREMENTS. Note: The future office portion of this site located on Lots 1 & 9 has not been reviewed for compliance with UDC internal parking and landscaping standards. Review of the internal elements of the site will take place with Certificate of Zoning Compliance approval. (Note: The parking stall dimensions shown on the site plan do not meet the dimensional standards listed in UDC 11-3C-5) Existing Structures: The site currently contains two homes and a garage. The existing residences will be retained and converted to offices. All other structures, including the detached garage on the site, shall be removed as proposed prior to release of building permits for this development. Sidewalk: A 5 -foot wide detached sidewalk is required to be constructed along Meridian Road, in accordance with ACHD standards and UDC 11-3A-17. The sidewalk shall be placed within the right-of-way or a public pedestrian easement depicted on the plat. Landscaping: A 25 -foot wide street buffer is required along N. Meridian Road and should be landscaped according to the standards listed in UDC 11-3B7C. Said buffer shall be on a common lot or on a permanent easement maintained by the property owner or business owners' association (see condition in Exhibit B). A buffer to adjoining uses in not required in the proposed O -T zone per UDC 11 -3B -9C. The new trees proposed within the common area on Lot 5 are located within a sewer easement and are not allowed; existing trees may remain. The site/landscape plan submitted by the Applicant complies with the required street buffer landscaping. The existing buildings are located outside of the required buffer; the existing setback dimensions shown on the plan are incorrect. Fencing: The applicant has indicated on the sitellandscape plan that the existing fence is to be removed. No new fencing is proposed on the plan. Because the UDC does not require fencing for this development, Staff is not including a condition as such. Fencing constructed adjacent to the common area on Lot 5 shall not exceed 4 feet in height if closed vision fencing is used. Open Shaylee Estates RZ PP CUP PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINNDATE OF AUGUST 21, 2007 vision up to 6 feet in height is allowed as it provides visibility from adjacent homes or buildings (see UDC 11-3A-7). Cross Access: The applicant is proposing a driveway stub to the properties to the north and south of the site for future connectivity. Staff is supportive of this proposed cross -access. Cross -access should be provided to the properties to the north and south via a note on the plat or a recorded cross -access agreement. 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. PRIVATE STREETS: The applicant is not proposing private streets within this development. However, Staff is requesting that the proposed driveway from N. Meridian Road to the townhouse units be constructed and designed as a private street for addressing purposes of the townhouse units. The Applicant should submit a Private Street application to the Planning Department for staff level approval prior to submittal of the final plat application (see condition of approval in Exhibit B). Per UDC 11-3F-4, all private streets shall be designed and constructed to the following standards: A. Design standards: Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to all applicable properties. 2. Connection point: Where the point of connection of the private street is to a public street, the private street shall be approved by the Transportation Authority. 3. Emergency vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Meridian Fire Department. 4. Gates: Gates or other obstacles shall not be allowed. B. Construction standards: 1. For conversion of an existing facility to a private street at the direction of the Fire Marshal: a. All drive aisles shall be posted as fire lanes with no parking allowed. b. If a curb exists next to the drive aisle, it shall be painted red. 2. For all other private streets: a. Roadway and storm drainage: The private street shall be constructed in accord with the roadway and storm drainage standards of the Transportation Authority or as approved by the City of Meridian based on plans submitted by a certified engineer. b. Street width: The private street shall be constructed within the easement and shall have a travel lane width of twenty-four (24) feet or twenty-six (26) feet as determined by the Fire Marshal relative to the height and size of the proposed structures that adjoin the private street. Shaylee Estates RZ PP CUP PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE • ATE OF AUGUST 21, 2007 c. Sidewalks: A five-foot (5') attached sidewalk or four -foot (4') detached sidewalk shall be provided on one side of the street in commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists. d. Fire lanes: all drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. b. Staff Recommendation: Staff recommends approval of the subject applications (RZ-07-011, CUP -07-010, & PP -07-010) based on the Findings listed in Exhibit D and the conditions listed in Exhibit B of this Staff Report for the hearing date of July 5, 2007. The Meridian Planning & Zoning Commission heard these items on June 7. 2007 and July 5. 2007. At the public hearing on July 5 2007 they moved to recommend approval to City Council of the subject RZ. PP & CUP requests. The Meridian City Counc l heard these items on August 21, 2007. At the public hearing they approved the subject RZ,PP, and CUP request. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 3/07, stamped 3/15/07 by Patrick Tealey) 2. Site/Landscape Plan (dated 3/13/07) 3. Townhouse Elevations (dated: 3/13/07) 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 Shaylee Estates RZ PP CUP PAGE 12 CITY OF MERIDIAN PLANNII�TG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 A. Drawings 1. Preliminary Plat (dated: 3/07, stamped 3/15/07 by Patrick Tealey) Exhibit A A i9 �r <EM W:=aS' eiM rg .tea>� s �,�ag Vi�a�. • » mut 'ati �W e�a4k a PRELLA&MY PLAT CF S MYLU SUKOWN McNrig 6i!Y!, T,TAW#x!1!1W N . no? ffi�IM� L-9 ACNILINUM 04 �illPdb_ f.iP �T !1/4811 • ®^ ed46 Gem 1* r4. sax3jumm Mv of am* Ulf ff pyiWWN CITY OF MERIDIAN PLANNRDEPARTMENT STAFF REPORT FOR THE • G DATE OF AUGUST 21, 2007 2. Site/Landscape Plan (dated 3/13/07) Sm mut v wost v m Few Exhibit A CITY OF MERIDIAN PLANNING IPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 REZONE COMMENTS 1.1.1 The rezone legal description submitted with the application (stamped on February 2, 2007 by Patrick A. Tealey, PLS) is accurate and meets the requirements of the City of Meridian and Idaho State Tax Commission. 1.1.2 Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: • The applicant shall comply with all standards in the Downtown Meridian Design Guidelines upon development and any proposed improvements to existing development on Lots 1 and 9 (the future office lots) along N. Meridian Road, such as facade improvements and/or building additions. • Obtain CZC approval for Talon Construction Company currently in operation on the southern property proposed as Lot 9, prior to issuance of any future CZC's on this site. (Note: Contractor's yard is a prohibited use in the O-Tzone) • A Certificate of Zoning Compliance is required prior to issuance of building permits for any and all of the proposed townhouse units within this development. All structures must substantially comply with the elevations submitted with this application. The Applicant is not required to comply with the Downtown Meridian Design Guidelines for the townhouse units proposed at the rear of the property. NOTE: A CZC application may include all townhouse structures within the development. 1.2 PRELIMINARY PLAT — SITE SPECIFIC REQUIREMENTS 1.2.1 The preliminary plat, prepared by Tealey's Land Surveying, dated March, 2007 (stamped by Patrick Tealey on March 15, 2007), is approved, with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ-07-011) and Conditional Use Permit (CUP -07- 010) applications shall also be considered conditions of the preliminary plat. 1.2.2 The site/landscape plan prepared by BRS Architects on March 13, 2007, is approved with the following modifications/notes: • The new trees proposed within the common area on Lot 5 am leeated w shall be located outside of the future a sewer easement ; existing trees may remain. Revise plan accordingly. • Depict a 5 -foot wide detached sidewalk along N. Meridian Road within the landscape street buffer or within the right-of-way (see ACHD's conditions for exact location). • 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. 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 Final Plat and Certificate of Zoning Compliance application(s). Exhibit B 40 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 1.2.3 A private street is required to be constructed from N. Meridian Road to the townhouse units for addressing purposes. The Applicant shall submit a Private Street application for staff level approval prior to submittal of the final plat application. Said Private Street shall be designed and constructed according to the standards listed in UDC 11-3F-4. 1.2.4 A 5 -foot wide detached sidewalk is required to be constructed along Meridian Road, in accordance with ACRD standards and UDC 11-3A-17. The sidewalk shall be placed within the right-of-way or a public pedestrian easement depicted on the final plat. See ACHD's requirements for location of the sidewalk. 1.2.5 A Certificate of Zoning Compliance (CZC) is required for the change in use of the existing structures from residential to commercial. The Applicant shall receive CZC approval prior to issuance of Certificate of Occupancy for the proposed office buildings and townhouse buildings. 1.2.6 Cross -access shall be provided to the properties to the north and south of the subject property at the driveway stub locations shown on the site plan. Place a note on the final plat or record an easement granting vehicular access to the properties to the north and south. 1.2.9 A note prohibiting direct access to N. Meridian Road, except for the access point approved with �f 1 this application, shall be added to the final plat. �I_Y Y�Y0- 25 feet wide �stfeet buffer- is Fequir-ed along N. Meridian Read and shall be 1.,n x...,..eemmen lot or- on a pennment easenwat mafi#ained by the property owner- or- business 0.7 e asseeiatien. 1.2.11 All signage for the site requires approval of a sign permit. All signage must comply with the standards listed in UDC 11-3D. 1.2.12 If permanent perimeter fencing is not provided on the site, temporary fencing to contain debris during construction shall be installed around the residential portion of the site prior to release of building permits. 1.2.13 Fencing constructed adjacent to the common area on Lot 5 shall not exceed 4 feet in height if closed vision fencing is used. Open vision up to 6 feet in height is allowed as it provides visibility from adjacent homes or buildings (see UDC 11-3A-7). 1.2.14 Underground, pressurized irrigation must be provided to all lots within this development. 1.2.15 Prior to signature of the final plat, remove existing structures that span across proposed lot lines. 1.3 CONDITIONAL USE PERMIT — SITE SPECIFIC CONDITIONS OF APPROVAL 1.3.1 The site/landscape plan, prepared by BRS Architects, dated March 13, 2007, labeled as Sheet SD - 1, is approved, with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ-07-011) and Preliminary Plat (PP -07-010) applications shall also be considered conditions of the conditional use permit. 1.3.2 A Certificate of Zoning Compliance is required prior to issuance of building permits for any and all of the proposed townhouse units within this development. All structures must substantially comply with the elevations submitted with this application. The Applicant is not required to comply with the Downtown Meridian Design Guidelines for the townhouse units proposed at the rear of the property. NOTE: A CZC application may include all townhouse structures within the development. Exhibit B CITY OF MERIDIAN PLANNING SPARTMENT STAFF REPORT FOR THE HEG DATE OF AUGUST 21, 2007 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains located near the east property line. 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 N Meridian Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Prior to any excavation or improvements within this development that applicant shall submit a Flood Plain Development Permit and comply with all conditions of the same. 2.4 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. 2.5 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.6 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. 2.7 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. 2.8 All existing structures not meeting setbacks or the dimensional standards of the UDC shall be removed prior to building permits being released. 2.9 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. 2.10 Any meter tiles located in common driveways shall be upgraded to traffic rated materials per City of Meridian Standard Specifications. 2.11 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. 2.12 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. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 2.13 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. 2.14 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. 2.15 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. 2.16 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. 2.17 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. 2.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.19 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.20 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. 2.21 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. 2.22 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. 2.23 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25 -feet, height for 250 watt fixtures is 30 -feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" 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. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 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. 3.6 Building setbacks shall be per the International Building Code for one and two story construction. 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 Maintain a separation of 5' from the building to the dumpster enclosure. 3.9 The Fire Dept. has concerns about the addresses of the proposed townhouses being visible from the street which the project is addressed off of. For this reason, the Fire Department requests that a private street be provided from Meridian Road to the townhouse units for addressing purposes. 3.10 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.11 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.12 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.13 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 4. POLICE DEPARTMENT 4.1 A private street should be provided from N. Meridian Road to the townhouse units located at the rear of the property for addressing purposes. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. Exhibit B CITY OF MERIDIAN PLANNINAEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 6. SANITARY SERVICE COMPANY 6.1 No comments were received from SSC regarding this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Construct a 5 -foot detached concrete sidewalk a minimum of 28 -feet from the centerline of the roadway, OR provide the district with a road trust in the amount of $3250.00 for the future construction of the sidewalk as part of the Meridian Split Corridor Project. 7.1.2 Utilize an existing 20 -foot driveway located approximately 55 -feet north from the south property line (measured property line to near edge). Pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 - foot radii abutting the existing roadway edge. 7.1.3 Other than the access specifically approved with this application, direct lot access is prohibited to Meridian Road and shall be noted on the final plat. 7.1.4 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of-way. 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 ACED 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 ACED 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 Exhibit B CITY OF MERIDIAN PLANNING EPARTMENT STAFF REPORT FOR THE HEAT• DATE OF AUGUST 21, 2007 prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito -breeding problem. Exhibit B • CITY OF MERIDIAN PLANNINGIEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 C. Legal Description & Exhibit Map TEALI=Y'S LAND 187 E 50h SlYeV .13rdeft 'CIN, ift s ' _V14 SURVEYING t1 636 Em SM- 0�10 Fax (288) 96 Project. No.. 3478 Date: March 2„ 2007 DESCRIPTION FOR O -T DISTRICT PROPOSED SNAYLEE SUBDIVISION A parcel of land being a porn of the NW 114 of Section 7, T.3N., RIE, B.M., and a portion of Block 4 of F.A, Nourse's Third Addition, as filed for record in the office of Me Ada County Recorder. Boise. Idaho in Book 6 of Plats at page 289, Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a brass cap marking the Northwest comer of said Section 7, thence along the West boundary of said Section 7. which Is also the centerline of North Meridien Road South 48°24'19" West 911 W feet to the POINT OF BEGINNING: thence leaving said c entedine along a fine North of and parallel With the North boundary of said Block 4 North 89"3T05" East 263.11 feet to a point on the North-South centerline of said Block 4: thence along said centerline South 00028°48" West 29.13 feet to a pointe thence leaving said centerline North 890'37'05" East 0.08 feet to a point, thence along a lune East of and parallel with said West boundary of Block 4 South 0002419" West 100.87 feet to a point on said South boundary of Slock 4. them along said South boundary and South boundary extended South 89°97'05" West 263.15 feet to a point on said West boundary of Section 7; thence along said West boundary North 00°2419" Eastt 130.00 feet to the POINT OF BEGINNING, Said parcel of land contains 0.785 acre, more or lam. Exhibit C 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 -At?LX- ------------- QLaw PAF= 94j%f4" Az T4W MW" Exhibit C ZONING EXHIBIT FOO SHAYLEE SUBDIVISION A FW= (F R= 4. FA WRn M AD= LMN KWASM7, MRf-M WWK AM am. WN I'l., Al, I lij A -i STs T5 . WWW V 99.13° tv KAM r - a, I'l., Al, I lij A -i STs CITY OF MERIDIAN PLANNINREPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 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 zone all of the subject property to O -T (Old Town). The 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 Council finds that future development of this properly will comply with the purpose statement of the O -T zone, which encourages mixed use, compact development that facilitates the efficient use of services. The Applicant is requesting a CUP for the townhouse portion of the development because the proposed units do not meet the development standards contained in the Downtown Meridian Design Guidelines (see Section 10 of this report for more information). c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The 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 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 Applicant is requesting a CUP for the townhouse portion of the development because the proposed units do not meet the development standards contained in the Downtown Meridian Design Guidelines. The Council finds that if the site is designed in accordance with the site/landscape plan submitted with this application and the conditions of approval in Exhibit Exhibit D CITY OF MERIDIAN PLANNINVEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 B, the site will be large enough to accommodate the proposed use and meet all other dimensional and development regulations of the O -T district. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council finds that the proposed residential townhouses and future offices in the proposed O -T zone comply with 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 Council finds that the proposed office and residential use of the property 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 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 Council finds that sanitary sewer, domestic water and irrigation is already provided to the front portion of the development where the existing homes are and can be made available to the townhouse units proposed at the rear of the property. Please refer to comments prepared by the Public Works Department, Fire Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Council finds that the applicant will pay to extend the sanitary sewer and water mains to the townhouse units at the rear of 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 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. Staff recognizes the fact that traffic and noise will increase with the approval of this development; however, Staff does not believe that the amount generated will be detrimental to the general welfare of the public. Exhibit D CITY OF MERIDIAN PLANNINVEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 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 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: a. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed density and proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services are currently provided to the front portion of the development where the existing homes are located and can be made available to accommodate the proposed development at the rear of the property. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. L The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic, or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage Exhibit D CITY OF MERIDIAN PLANNIN NEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 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 E LJ August 31, 2007 RZ 07-012 MERIDIAN CITY COUNCIL MEETING September 4, 2007 APPLICANT Valley Shepherd Church of the Nazarene ITEM NO. 5-E REQUEST Findings for Approval — Request for a Rezone of approximately 22.7 acres from an R-8 to a C -G zone for Valley Shepherd on Meridian — 150 West Maestra 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 Findings marenaw presenrea ar puonc ate: '� l 0/ Phone: x y/ �dSttaff Initials: 4K becom07operty of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • fia .. e -t "F ridia? �41b+ F. In the Matter of the Rezoning of 22.7 acres from R-8 (Medium -Density Residential) to C -G (General Retail and Service Commercial), for Valley Shepherd Church Meridian by Valley Shepherd Church of the Nazarene Case No(s). RZ-07-012 For the City Council Hearing Date of. August 21, 2007 (Findings on the September 4, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 21, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 21, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 21, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 21, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-012 Page 1 of 3 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, and the Conditions of Approval all in the attached Staff Report for the hearing date of August 14, 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: The applicant's Rezone as evidenced by having submitted the legal description and exhibit map stamped and dated April 13, 2007 by Kevin Sorensen, PLS, is hereby approved; and, 2. A Development Agreement is required with approval of the subject rezone and shall include the provisions noted in the attached Staff Report for the hearing date of August 21, 2007 incorporated by reference. D. Attached: Staff Report for the hearing date of August 21, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-012 Page 2 of 3 • 0 By action of the City Council at its regular meeting held on the 4-44' day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED_O*�!7 COUNCIL MEMBER JOE BORTON VOTED_YG�• COUNCIL MEMBER CHARLIE ROUNTREE VOTED_#G— COUNCIL MEMBER KEITH BIRD VOTED--zi� TIE BREAKER MAYOR TAMMY de WEERD VOTED �,le WEERD ATTEST: WILLIAM G. BERG, JR.VCrrY CL //®//e/%g,/PIPI PPI 19990tp9�,'it,`ha Copy served upon: 1' Applicant Planning Department v",Public Works Department y" City Attorney By: Dated: - Cl -1® -U-1- Mi Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-012 Page 3 of 3 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 STAFF REPORT Hearing Date: 8/21/2007 TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner (208) 884-5533 SUBJECT: Valley Shepherd Nazarene Church • RZ-07-012 A� eta IDAHO Request for rezoning of 22.7 acres from R-8 (Medium -Density Residential) to C -G (General Retail and Service Commercial), by Valley Shepherd Church of the Nazarene 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Valley Shepherd Church of the Nazarene, has applied for Annexation and Zoning (AZ) to C -G (General Retail & Service Commercial) of approximately 22.7 acres of property currently zoned R-8 (Medium Density Residential) in the City of Meridian. The Applicant requests annexation to allow for electronic signage and recreational activities on-site which are not principally permitted uses within the existing R-8 zone. The site is located at 150 West Maestra Street on the west side of S. Meridian Road, at approximately the %Z mile mark between Overland and Victory Roads. This site is currently under construction for a church / place of worship. This property is within the City's Area of Impact and Urban Service Planning Area and also lies within Meridian City limits. 2. SUMMARY RECOMMENDATION The subject application (AZ) was submitted to the Planning Department for review. Below, Staff has provided a detailed analysis, comments, and recommended actions for the requested RZ application. Staff is recommending approval of the Valley Shepherd rezoning (RZ-07-012) request as presented in the staff report for the hearing date of July 19, 2007, and based on the Findings of Fact listed in Exhibit D. The Meridian Planning & Zoning Commission heard this item on June 21, 2007 and July 19, 2007. At the public hearing the Commission moved to recommend approval of the rezone (R7 07-012) from R-8 to L -O. a. Summary of Commission Public Hearing: i. In favor: Brad Hoaglun (Church Board Member) ii. In opposition: Shanna Gardiner, Kathleen James (Resident of Strada Bellissima, Jim Kouril (Representation for Residents of Bear Creek), Debra Ross, Darlene Wheeler(Resident), Lachelle Bonner (Resident) iii. Commenting: Larry Kellv iv. Written testimony: Brian Beckley, VP of Bear Creek HOA (letter w/petition containing 236 signatures), Scott Anders, Aaron Neal V. Staff presenting application: Amanda Hess vi. Other staff commenting on application: Ted Baird, Caleb Hood Valley Shepherd Nazarene Church — RZ-07-012 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 b. Kev Issue(s) of Discussion by Commission: i. _The increase in traffic to the adiacent residential subdivisions (Strada Bellissima and Bear Creek). ii. The allowed signage for the L -O and C -G zoning districts (Electronic Reader Boards). iii. The impacts of future commercial developments may have on the existing residential neighborhoods. c. Key Commission Change(s) to Staff Recommendation: i. Commission was in favor of changing the zoning from C -G to L -O and having the L -O signage standards apply to the property. d. Outstanding Issue(s) for City Council: i. Appropriate zoning for the site. a. Summary of City CoundLPublic Heari . i. In Mark favor: Brad Hoagbn Johnson, K I_I 1 __ (Chuch Board Memberl-Vcftt-lr,�i&e�ts. Jim Bya-rell 11.1_ I I_ Gerald 1_I.I 1 I I "' __' - 1 1_ i 1 1 M�_, 1 __� 1_1_ opposition: None 1_I_. IJ ' I_'_ I ' James Prather Written testi I I. 1 1_ -_' I i , 1 . V. Staff 1 It__1 ' I I 1 1 Anna I I Other staffcommenting on 1 1 I 1 1 Key Issuesof Discussioni. 1 I I Location I _ 1proposed to tie c_ ' r I I _ reader 1I : _1sign on Meridian Rd.in c. relation Key addressing ChangesI _ ffiI of the church (15fl W-Maestra SIL I 1 __I I _ _ _ _ 1 _ I. RecomMendafM i. _ The _, Council approved he annicant's rezone111 R--8 1 The _,Council _ 1 I I r 1Staff 11the Conmiissions1 I I. 11 I_ 1 d 1 _I 1 amendthe Planning's currentD. 1 1 1' 1 I_ 1 approval for _ 1 site I include _I_ ' pro3jsWasli&ted within 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to recommend approval to the City Council of File Number RZ-07-012, as presented in the staff report for the hearing date of August 21, 2007, with the following modifications: (add any proposed modifications) Denial After considering all Staff, Applicant, and public testimony, I move to recommend denial to the City Council of File Number RZ-07-012, as presented during the hearing on August 21, 2007: (please state specific reasons for denial of the rezone request) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number RZ-07- 012 to the hearing date of (insert continued hearing date here) for the following reason(s): (state specific reason(s) for continuance) Valley Shepherd Nazarene Church — RZ-07-012 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 150 W. Maestra Street Meridian, ID 83642 NE % SE'/ Section 24, T3N, R1W b. Owner / Applicant: Valley Shepherd Church of the Nazarene 831 N. Main Street Meridian ID 83642 c. Representative: George Zickefoose, Valley Shepherd Church of the Nazarene d. Present Zoning: R-8 e. Present Comprehensive Plan Designation: Public / Quasi -Public f. Description of Applicant's Request: Request for change in zoning to accommodate the desired signage for the church. Reader board signs are currently prohibited in all residential, office, and neighborhood and community commercial districts. g. Applicant's Statement/Justification (reference submittal material): Valley Shepherd Church of the Nazarene is building a new church on the Meridian -Kura Highway. Presently zoned R-8, we find that several of the normal functions of the church and congregational life are not permitted. We request rezoning to "Commercial" to allow for electric signage and the use of the site for celebrative and recreational activities. MJ:Z1Z0*13WT"IEI a. The subject application will, in fact, constitute a rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code, Title 11, Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. Newspaper notifications published on: June 4, 2007; June 18, 2007 (Commission); July 30, 2007 and August 13, 2007 (City Council) c. Radius notices mailed to properties within 300 feet on: May 30, 2007 (Commission); July 27, 2007 (City Council) d. Applicant posted notice on site by: June 11, 2007 (Commission); August 10, 2007 (City Council 6. LAND USE a. Existing Land Use(s): Under construction for a church. b. Description of Character of Surrounding Area: Existing single family residences (Bear Creek) and Light -Office properties to the south. c. Adjacent Land Use and Zoning 1. North: Single family residential, zoned R4 2. East: Single family residential, zoned RUT (Ada County) 3. South: Office and Residential (Strada Bellissima), zoned L -O and R-4 Valley Shepherd Nazarene Church — RZ-07-012 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 4. West: Single family residential, zoned R4 d. History of Previous Actions: In 2000, the Applicant, Valley Shepherd Church of the Nazarene, was granted annexation and zoning approval for a church / multi-purpose facility to be located at 150 W. Maestra (AZ -00- 018). The approved zoning was R-8. At that time, the Applicant was required to enter into a development agreement which limited use of the site to just that — a church. The DA also stipulated that prior to construction of the church building or other buildings on-site, procurement of a CUP was first required. In 2006, Valley Shepherd Church of the Nazarene was granted detailed conditional use approval for construction of the church lying within an R-8 (Medium Density Residential) district. (See CUP -05-058 for more information, if necessary.) e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: Service extension from mains in Meridian Road. Location of water: Stub streets in Strada Bellissima to the south and Bear Creek to the north. Issues or concerns: Preserving a corridor for a future sewer trunk. 2. Vegetation: None 3. Floodplain: None 4. Canals / Ditches / Irrigation: Kennedy Lateral 5. Hazards: None 6. Proposed Zoning: C -G 7. Size of Property: 22.69 acres 8. Description of Use: Place of religious worship f. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the site will be via W. Maestra Street. 7. COMMENTS MEETING On June 1, 2007, Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police 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 "Public / Quasi -Public" on the Comprehensive Plan Future Land Use Map. "Public / Quasi -Public" areas are designated to preserve and protect existing private, municipal, state, and federal lands (see Page 106 of the Comprehensive Plan). This category includes churches and public lands (excluding parks and schools) within the Area of City Impact. The redevelopment of these areas should be guided by the intensity of the existing use, the underlying zoning of the property, the surrounding land uses, the location of the property, and the transportation issues associated with the development of the property. The Applicant is requesting to rezone this property to C -G. A church is a principally permitted use in all of the commercial zones (L -O, C -N, C -C, & C -G), a conditional use in industrial and certain residential Valley Shepherd Nazarene Church — RZ-07-012 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 zones (I -L, I -H, R-8, R-15, & R-40), and is prohibited in the R-2 and R-4 zones. The Comprehensive Plan Future Land Use Map designation for this property is "Public / Quasi -Public." The UDC does not have a Public / Quasi -Public zoning district. However, the Applicant has received prior conditional use approval for a church in an R-8 zone. Staff believes that the requested C -G zoning designation for this property for a church generally complies with the intent of the Comprehensive Plan for the existing and future land use of this property. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining the most appropriate zone for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-213-2 lists churches or places of religious worship as principal permitted uses in the requested 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 (4) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways." 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONE ANALYSIS: The legal description for the proposed rezone submitted with the application (prepared on April 13, 2007, by Kevin N. Sorensen, PLS) shows the property within the existing corporate boundary of the City of Meridian. The current church use of this property is not proposed to change. Following annexation of the property to the R-8 (Medium Density Residential) zoning district, the site received conditional use permit approval for construction of a church within the R-8 zone, as churches are conditionally allowed within the said zone. Rezoning the property to C -G will allow the church to operate as a principally permitted use in the zone. As a permitted use, the church will be able to obtain a permit for a reader board sign and expand the existing use, if so desired. The Applicant has not submitted a site plan or elevations with this application as there are no changes proposed to the site or building at this time. The Applicant only wishes to rezone the property at this time. Staff believes the Applicant's request to rezone the property to C -G is reasonably compatible with the surrounding zoning. The property to the southeast (across Meridian Road) is currently zoned C -G, while a portion of the property directly south is zoned L -O. A majority of the adjacent lands are zoned residential. However, based on the fact that the current use of the property is not proposed to change, the compliance of the church use in the proposed C -G zone with the Unified Development Code, and the general conformance of the proposal with the policies and goals contained in the Comprehensive Plan, Staff believes that rezoning the subject property from R-8 to C -G is justifiable. Please see Exhibit D for detailed analysis of the required facts and findings for rezoning. Development Agreement: UDC 11 -5B -3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the Applicant's request for an intense commercial district for the site, and recognizing the surrounding residential uses, Staff believes that a Development Agreement is necessary to Valley Shepherd Nazarene Church — RZ-07-012 • r CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 ensure that this property is utilized in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties. If the Commission or Council feels additional development agreement requirements are necessary, Staff recommends a clear outline of the commitments of the developer being required. As there already exists a development agreement (DA) approved with the Annexation and Zoning (AZ -00-018), Staff believes an addendum to said DA should be required as part of the rezone of this property. Prior to the rezone ordinance approval, said addendum shall be accomplished between the City of Meridian and the property owner(s) (at the time of rezone ordinance adoption). The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this. The addendum shall include, at a minimum, the following: • That the following shall be the only allowed uses on this property: Church / religious place of worship and ancillary church celebrative & recreational activities. No retail or service uses or conditionally allowed commercial uses are permitted on this property. • Future development of the property shall remain consistent with the site and landscaping plans approved with CUP -05-058. • That all uses shall not involve activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. • Any proposed change in use of the property shall require public hearings before the Meridian Planning & Zoning Commission and City Council. Said hearings shall consist of modifications to the Development Agreement and the existing Conditional Use Permit in effect for the site. b. Staff Recommendation: Staff recommends approval of the proposed Rezone (RZ_07-012) based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement provisions listed in Section 10 and Exhibit B of the staff report. The Meridian Planning & Zoning Commission heard this item on June 21 2007 and July 19, 2007. At the public hearing the Commission moved to recommend approval of the subject rezone (RZ-07-0121 from R-8 to L -O. The Meridian City Council heard these item on August 21- 7007 At the public hearing the. City Council approved the re zoning request !R7 07-0121 from R-8 11. EXHIBITS A. Drawings 1. Vicinity / Zoning Map 2. Previously Approved CUP Site Plan (dated: November 15, 2005) B. Agency Comments / Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Services Company Valley Shepherd Nazarene Church — RZ-07-012 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 6. Ada County Highway District C. Legal Description D. Required Findings from Unified Development Code Valley Shepherd Nazarene Church — RZ-07-012 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 A. Drawings 1. Vicinity Map / Zoning Map r 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 2. Previously Approved Site Plan (dated: November 15, 2005) e= 5w F -L" 4 s V li Shepherd Church of the Na vene J 0 & - - A. A • o CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 B. Agency Comments / Conditions of Approval 1. PLANNING DEPARTMENT 1.1 REZONE COMMENTS 1.1.1 The rezone legal description submitted with the application (prepared on April 13, 2007, by Kevin N. Sorensen, 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 to C -G, an addendum to the existing Development Agreement (DA) for the site (Instrument No. 101015259) shall be accomplished between the City of Meridian and the property owner(s) (at the time of rezone ordinance adoption). The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The addendum shall incorporate the following: • That the following shall be the only allowed uses on this property: Church / religions place of worship and ancillary church celebrative & recreational activities. No retail or service uses or conditionally allowed commercial uses are permitted on this property. • Future development of the property shall remain consistent with the site and landscaping plans approved with CUP -05-058. • That all uses shall not involve activities processes materials equipmentand 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. • Any proposed change in use of the property shall require public hearings before the Meridian Planning & Zoning Commission and City Council. Said hearings shall consist of modifications to the Development Agreement and the existing Conditional Use Permit in effect for the site. • The Applicant shall comply with all Agency Comments outlined in the associated staff report for RZ-07-012. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of services from mains in Meridian Road. The Applicant shall install all mains necessary to provide service; 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 Strada Bellisima and Bear Creek. The Applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The Applicant shall be required to loop the water system to achieve any necessary fire flow requirements. 2.4 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 B • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 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. 2.5 The Applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall be dedicated as a separate document using the City of Meridian's standard forms. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. 2.6 All development improvements, including but not limited to sewer, fencing, micropaths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.7 Applicant shall be required to pay Public Works development plan review and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.8 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. 2.9 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.10 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.11 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. 3. FIRE DEPARTMENT 3.1 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. 3.2 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. 3.3 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183). a) For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b) For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). B • r CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 3.4 Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. SANITARY SERVICES COMPANY 5.1 SSC has no comments related to this application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 The District has previously approved this site with a CUP application (MCUP-05-058). If the site plan or use should change in the future, ACHD will review the site plan and may require improvements to the transportation system at that time. 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 C. Legal Description EXHIBIT "A" VALLEY SHEPHERD RE -ZONE DESCRIPTION A parcel of land for re -zone purposes situated in a portion of the NE1/4 of the SE1/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at an aluminum cap monument marking the northeast comer of said NEI/4 of the SEI/4, thence along the East line of said NEI/4 of the SE1/4 and the centerline of South Meridian Road S00°39' 10"W a distance of 1339.86 feet to a 5/8 inch rebar marking centerline intersection of said South Meridian Road and West Maestra Street from which an aluminum cap monument marking the southeast comer of said Section 24 bears S00°39' 10"W a distance of 1321.03 feet; Thence leaving said East line and centerline of South Meridian Road and along the centerline of said West Maestra Street the following courses, N89°24'54"W a distance of 204.44 feet to a 5/8 inch rebar, Thence along the are of a curve to the left having a radius of 180.00 feet, an arc length of 23.47 feet, a central angle of 07°28'20", a chord bearing S86°50'56"W a distance of 23.46 feet to a 5/8 inch rebar; Thence S83°06"46"W a distance of 100.54 feet to a 5/8 inch rebar; Thence along the arc of a curve to the right having a radius of 180.00 feet, an arc length of 19.90 feet, a central angle of 06°19'58", a chord bearing S87°25'07"W a distance of 19.89 to a 5/8 inch rebar; Thence N89°24'54"W a distance of 115.82 feet to a 5/8 inch rebar marking the centerline intersection of said West Maestra Street and South Alfani Way; Thence leaving said centerline of West Maestra Street and along said centerline of South Alfani Way N00°39' 10"E a distance of 25.00 feet to a 5/8 inch rebar marking the intersection of said centerline of South Alfani Way and the North boundary of Strada Bellissima Subdivision No. I as recorded in Book 93 at Pages 11265 through 11268 official records of Ada County, Idaho; Thence leaving said centerline of South Alfani Way and along said North boundary line N89°24'54"W a distance of 356.13 feet to a 5/8 inch rebar; Thence leaving said North boundary line N00°45'45"E a distance of 1050.09 feet to a 5/8 inch rebar on the South boundary line of Bear Creek Subdivision No. 6, as recorded on the official plat thereof, in Book 87 at Pages 9986 and 9987, Ada County, Idaho; Thence along said South boundary line 589°27'46"E a distance of 281.52 feet to a 5/8 inch rebar making an angle point in said South boundary line; Thence continuing along said South boundary line N24°42'45"E a distance of 104.60 feet to a 5/8 inch rebar marking an angle point in said South boundary line; Thence leaving said South boundary line and along the westerly boundary line of Lot 9, Block 22 of said Bear Creek Subdivision No. 6 N24°42'45'B a distance of 9.55 feet to a 1/2 inch rebar making an angle point in said westerly boundary line; Thence continuing along said westerly boundary line N48°33' 12"E a distance of 243.86 feet to a 1/2 inch rebar; 0056140 RE ZONE LEGAL FOR VALLEY SHED TINS APRIL 12 07.doc Page 1 of 2 C 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 Thence leaving said westerly boundary line and along the North boundary line of said Lot 9, N8527'1 8"E a distance of 141.87 feet to a 1/2 inch rebar marking an angle point in said North boundary line; Thence continuing along said North boundary line S89°26'49"E a distance of 102.05 feet to a 5/8 inch rebar marking the intersection of said North line and the West right-of-way line of said South Meridian Road; Thence S89°26'49"E a distance of 65.00 feet to the POINT OF BEGINNING. Said parcel contains 22.69 acres more or less and is subject to any easements and or rights -of -ways of record or implied. ftEvl 16VAL 9Y A P 163' w e. MERIDIAN PUBLIC WORKS DEPT. C056140 RE ZONE LEGAL FOR VALLEY SHEP KNS APRIL 12 07.doc Page 2 of 2 C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 tinGViNt itsILtlltill, FOR VALLEY SHEPHERD CHURCH A PORTION OF THE NEI/4 OF THE SE 1/4 OF SECTION 24 TOWNSHIP 3 NORTH, RANGE 1 (PEST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 2007 GENERAL LEGEND I - - - - BOUNDARY LINE REVI PRO AL - - - - EXISTING BOUNDARY LINE By - - SECTION LINE — - — ROAD CENTER LINE ROAD RIGHT-OF-WAY A $10 - - - - EXISTING LOT LINE MERIDIAN PUBLIC ® FOUND 5/8 INCH REBAR WORKS DEPS• FOUND 1/2" REBAR ® FOUND ALUMINUM CAP e h� by BEAR GREEK .0 p suean�sronl Mo.e a,�a F o �w ¢m •oo SCALE 1' " 200' �I zl I I I I 1 1 N89.24'S �- 356.131 589'26'49"E 102.05' S89'26'49"E 65.00' N85'27'18'E E1/4 =&06 141.7 gyp, 9149906 I 1 I moo.I I 7 I � 1 I I I I I I I I m I II I W. MAESTRA ' ST. 1 1 ND 0"E �N89'24'54°W I-SBrOV" W204.44 K SIRATA BE1LfSSJNA I 115.82 100.54 sueOrvmoMo. i 25.00 25.0 I S. AUANI WAY �MCHECKED BY. CURVE TABLE VICTORY 24 19 KMS CURVE LENGTH RADIUS DELTA TANGENT CHORD CHORD out DATE ROAD a �. C7 23.47 180.00 T28'ZO` 11.75 23.46 58650'S6W slw�oa L1J Q4 -1J-07 C2 19.90 180.00 818'58' 9.96 19.89 S87'25'07'* lgt'Lyil{�1 DRAWN BY: VALLEY SHEPARD CHURCH NAI 9'=208' R ZONE �' 74 H 1® 1 T Engineers. el's'.,� a 8a•Wq R. 44• eSi1] lssJ ms-aam ;mM—f=—n I I map REVI PRO AL Baa I I n 0p tj By a A $10 Ig In MERIDIAN PUBLIC I HQ I °° ai WORKS DEPS• I I I I I I I m I II I W. MAESTRA ' ST. 1 1 ND 0"E �N89'24'54°W I-SBrOV" W204.44 K SIRATA BE1LfSSJNA I 115.82 100.54 sueOrvmoMo. i 25.00 25.0 I S. AUANI WAY �MCHECKED BY. CURVE TABLE VICTORY 24 19 KMS CURVE LENGTH RADIUS DELTA TANGENT CHORD CHORD out DATE ROAD a �. C7 23.47 180.00 T28'ZO` 11.75 23.46 58650'S6W slw�oa L1J Q4 -1J-07 C2 19.90 180.00 818'58' 9.96 19.89 S87'25'07'* lgt'Lyil{�1 DRAWN BY: VALLEY SHEPARD CHURCH NAI 9'=208' R ZONE �' 74 H 1® 1 T Engineers. el's'.,� a 8a•Wq R. 44• eSi1] lssJ ms-aam ;mM—f=—n 0 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 D. Required Findings from the Unified Development Code 1. Rezone Findings Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to rezone the subject property to C -G. The City Council finds that a zoning map amendment from R-8 to C -G for the subject property complies with the applicable provisions of the Comprehensive Plan "Public / Quasi -Public" designation. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed church / religious place of worship and ancillary church uses are permitted within the requested C -G zone. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that a zoning amendment to C -G will not be detrimental to the public health, safety, or welfare, if retail, service, and other commercial uses are prohibited on this site at this time. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. c. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. i� August 31, 2007 PP 07-006 MERIDIAN CITY COUNCIL MEETING September 4, 2007 APPLICANT Moose Creek Construction ITEM NO. 5-F REQUEST Findings for Approval — Request for a Preliminary Plat of 7 single family residential building lots and 2 common area lots on 1.96 acres in an R-4 zone for Moose Creek Subdivision — 4275 North Jones Creek Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Emailed: COMMENTS See attached Findings Date: Chill /Q Materials presented at publlL-Weetings shall tfecome property of the City of Meridian. ?00 • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • .,. T Cifar,iAWI GR'V� In the Matter of Preliminary Plat of 6 single-family building lots and 1 common lot on 1.96 acres in the R-4 District, for Moose Creek Subdivision by Moose Creek Construction Case No(s). PP -07-006 For the City Council Hearing Date of. August 21, 2007 (Findings on the September 4, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 21, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 21, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 21, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 21, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -07-006 Page I of 4 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 Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of August 21, 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 6/25/07 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 August 21, 2007 incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -07-006 Page 2 of 4 • Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 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 August 21, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -07-006 Page 3 of 4 • E B action of the City Council at its regular meeting held on the h day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED__Y � COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED *!r — COUNCIL MEMBER KEITH BIRD VOTED OC41, TIE BREAKER MAYOR TAMMY de WEERD VOTED Copy served upon: / /ir a° '� A� ss'i SUAL _ JR., CITY LERK �� �P vl" Applicant `'%,,, T� � Planning Departrii p 111w Public Works Department ✓City Attorney By: Dated: C—O -CM ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -07-006 Page 4 of 4 0 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 STAFF REPORT Hearing Date: 8/21/2007 TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner 884-5533 SUBJECT: Moose Creek • PP -07-006 ,e nF 'IV "Ad, Preliminary Plat of 6 single-family building lots and 1 common lot on 1.96 acres in the R4 District, by Moose Creek Construction 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Moose Creek Construction, has applied for Preliminary Plat approval of 6 single family residential lots and 1 common lot on 1.96 acres. The Moose Creek Subdivision has been previously platted as Lot 2, Block 1, Hearthstone Subdivision, and is currently zoned R-4 (Medium Low -Density Residential). The site is located on the south side of Cherry Lane, 1/3 mile east of Black Cat Road in Section 10, Township 3 North, Range 1 West, B.M., and is currently referenced as Assessor's Parcel Number R3531730020. The subject application (PP -07-006) was submitted to the Planning Department on January 31, 2007, and first scheduled to be heard before the Planning & Zoning Commission on April 19, 2007. The Commission should note that this property is encumbered by a private lane easement in favor of the property to the south, which is located at the west property boundary. Said easement and associated 20 feet of asphalt provide access to Cherry Lane for the 2.5 acre parcel to the south. After a meeting with ACHD Staff, Planning Staff and the Applicant believed that the submitted plat, allowing continued use of a private street was acceptable. However, it was not, which prompted continuance of the P & Z hearing to June 7, 2007, so as to obtain final decision from the ACHD Commission. The Commission denied additional usage of the private street. ACHD's decision necessitated negotiations with the neighbor to the south (Jones') to relinquish the easement / private street which runs across the Moose Creek property. Negotiations are still ongoing; however, Planning Staff is under the impression that the neighbor will terminate rights to the access easement shortly. Staff has worked with the Jones' to even determine the best possible design of Moose Creek which will facilitate the easiest redevelopment of their property. Staff believes the newly revised plan, the subject of the staff report, does just that. 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis and recommended conditions of approval for the requested Preliminary Plat application. Staff is recommending approval of the proposed Moose Creek project subject to the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard this vroiect on April 19. June 7. and July 19, 2007. At the July 19, 2007, public hearing they moved to recommend approval to the Citv Council. Moose Creek — PP -07-006 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 a. Summary of Public Hearin i. In favor: Sabrina Whitehead (Applicant's Representative) ii. In opposition: None iii. Commenting: Terri Jones (Neighbor) iv. Written testimony: Terri Jones (Neighbor) v. Staff presenting application: Amanda Hess vi. Other Staff commenting on application: None b. Key Issues of Discussion by Commission: i. The neighbor is amenable to vacating their interest in Jones Creek Lane and the underlying ingress ss / egress easement across the Moose Creek property• and ii. If permanent perimeter fencing is to be installed and the tyke. c. Key Commission Changes to Staff Recommendation: i. That the Applicant provide permanent 6 -foot vinyl perimeter fencing around the subdivision. d. Outstanding Issue(s) for City Council: i. The Jones', the prop_crty owner to the south, have had some issues with the proposed access, improvements and ,giving up their interest in the private lane easement across the subject property. ii. The out parcel to the northeast of this development has a drain field on this rp opgly. The preliminary plat shows services being stubbed to the out parcel but makes no mention of who will pay for the assessments and the actual physical connection to City services. The Applicant should clarify at the Public Hearing who will pay the sewer and water assessments, and pay for the actual physical connection of the out parcel to the City services. 1, Summary of City CounciiPublic Hea 'n : i. In favor: Sabrina Whitehead, Teri Jones ii. In opposition: None iii. Commenting: Scott Stanfield iv. Written testimony: None V. Staff presenting application: Anna Canning vi. Other staff commenting on application: No b2, Key Issues of Discussion by Council: i. None rc Ka Coi ne'i Changes to Staff/Commission Recommen anon i. None 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number PP -07- 006, as presented in the staff report for the hearing date of August 21, 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 approve File Number PP -07- 006, as presented in the staff report for the hearing date of August 21, 2007, for the. following reasons: (state specific reasons for denial of the preliminary plat request) Moose Creek - PP -07-006 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number PP -07- 006 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: 4275 N. Jones Creek Lane Meridian, ID 83642 b. Applicant / Owner: Moose Creek Construction 1220 N. Meridian Road, Ste. 13 Meridian, ID 83642 c. Representative: Sabrina Whitehead, Briggs Engineering d. Present Zoning: R-4 (Medium Low -Density Residential) e. Present Comprehensive Plan Designation: Medium Density Residential f. Description of Applicant's Request: 1. Date of REVISED Preliminary Plat (See Exhibit A): June 25, 2007 2. Date of REVISED Landscape Plan (See Exhibit A): June 25, 2007 g. Applicant's Statement/Justification: The proposed overall density (3.06 dwellings per acre) of the project complies with the City's designation of Medium Low -Density Residential (R4) which allows for densities of up to 4 dwellings per acre. The subdivision will provide a mix of lot sizes ranging from approximately 8,200 sq. ft. to 11,500 sq. ft. 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 City Council on this matter. b. Newspaper notifications published on: February 26, 2007, & March 12, 2007 (Planning & Zoning Commission) July 30, 2007, & August 13, 2007 (City Council) c. Radius notices mailed to properties within 300 feet on: February 16, 2007 (Planning & Zoning Commission) July 27, 2007 (City Council) d. Applicant posted notice on site by: March 5, 2007 (Planning & Zoning Commission) August 11, 2007 (City Council) 6. LAND USE a. Existing Land Use(s): Vacant Moose Creek — PP -07-006 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 b. Description of Character of Surrounding Area: Single Family Residential c. Adjacent Land Use and Zoning: 1. North: Golf View Estates Subdivision, zoned R4 2. East: Cherrywood Village Subdivision, zoned R-8 3. South / West: Residential, zoned Rl & R2 (Ada County) d. History of Previous Actions: On March 19, 2002, City Council granted approval for the annexation and zoning (AZ -01-026) of approximately 2.3 acres from Rl (Ada County) to R4 (Medium Low -Density Residential), and preliminary plat of the Hearthstone Subdivision. The Hearthstone Subdivision created two building lots. Lot 1, Block 1, totals 0.33 acres. Lot 2, Block 1, totals 1.96 acres and is the subject of this preliminary plat application. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is currently sewer in North Summertree Way Location of water: There is currently water in North Summertree Way Issues or concerns: 1) The vacation of the drain field easement; 2) Who will pay and hook up the out parcel (Lot 1, Block 1, Hearthstone) to sewer and water; and 3) Vacation of the private drive easement 2. Vegetation: Three mature trees at east property boundary are to be retained, or mitigated for. 3. Floodplain: N/A 4. Canals / Ditches / Irrigation: N/A 5. Hazards: N/A 6. Current Zoning: R-4 7. Size of Property: 1.96 acres f. Subdivision Plat Information: 1. Residential Lots: 6 2. Non-residential Lots: 0 3. Total Building Lots: 6 4. Common Lots: 1 5. Other Lots: 0 6. Total Lots: 7 7. Open Lots: 0 8. Residential Area: 1.28 acres 9. Gross Density: 3.06 units per acre (4.26 net density) 10. Lot Sizes: Lot sizes range from approximately 8,200 square feet to 11,500 square feet. The average lot size is roughly 9,250 square feet. g. Landscaping: Moose Creek — PP -07-006 CITY OF MERIDIAN PLANNING•ARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 1. Width of street buffer(s): A 25 -foot wide landscape buffer is provided to buffer Cherry Lane, a principal arterial, from Moose Creek Subdivision. 2. Width of buffer(s) between land uses: N/A 3. Width of buffer required adjacent to N. Summertree Way: 5 feet (See Staff's analysis below in Section 4. Percentage of site as landscaping: 0.13 acres (6.6%) h. Required Residential Setbacks: As per the R4 zone for detached single family dwellings i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): All of the internal streets are proposed as public. The sole access to the development from the existing street system will be from N. Summertree Way, constructed with Cherrywood Village Subdivision. Cherrywood Village, via Summertree Way, currently has access to/from Cherry Lane. Additionally, one stub street at the west property line will be constructed to provide connectivity to the adjacent County parcel when it redevelops. Staff has not received updated comments on this project from ACHD regarding this revised plan. Staff will include the comments and conditions from ACHD into the Staff Report once they are received. NOTE: This property is encumbered by a private lane easement in favor of the property to the south which is located at the west property boundary. Said easement and associated 20 feet of asphalt provide access to Cherry Lane for the 2.5 acre parcel to the south. The Applicant is proposing to vacate this easement. However, the property owner to the south still has not yet given consent for this vacation. Staff has conditioned approval of the subject plat upon the Applicant vacating said existing easement for Jones Creek Lane. (See Analysis and Conditions below.) 7. COMMENTS MEETING On June 29, 2007, Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police 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. S. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. The Comprehensive Plan calls for single-family homes at densities of three to eight dwelling units per acre on this site. (See Page 95 of the Comprehensive Plan) There are only 6 buildable lots proposed on the subject 1.96 acres. There is a maximum density of 4 dwelling units per acre allowed in the R4 zone by the UDC; the proposed gross density of Moose Creek Subdivision is 3.06 dwelling units per acre. Staff finds that the proposed zoning designation (R4) and density (3.06 d.u.'s / acre) is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map. The following Comprehensive Plan policies apply to this application: • 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 currently provides municipal services to the subject development in the following manner: ➢ Sanitary sewer and water service will be extended to the project at the developer's expense. Moose Creek — PP -07-006 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 ➢ The lands are currently under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. This service will not change. ➢ The lands are currently under the jurisdiction of the Meridian Police Department (MPD). This service will not change. ➢ The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRID). This service will not change. ➢ The subject lands are currently serviced by the Meridian School District #2. This service will not change. ➢ The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • 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. As the Applicant will be installing all necessary sidewalks within and around the development, where necessary, Staff believes that the subject application complies with the policies listed in the literature noted above. • 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. Staff is supportive of the street layout which will provide for connectivity with Cherrywood Village and the county parcels to the south and west upon redevelopment via the sidewalk system. • Chapter VII, Goal IV, Objective D, Action item 2 - Restrict curb cuts and access points on collectors and arterial streets. The Applicant is proposing to construct a public street off of an existing local road, N. Summertree Way, within the Cherrywood Village Subdivision. Access will not be taken from Cherry Lane, any arterial road. The proposed development and street layout is supported by Staff. However, development is contingent on vacation of the access easement along the west property line. • Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. Staff finds that the surrounding developments are generally compatible with the proposal; the lot sizes blend well with that of Golf View Estates. The existing residence to the south, currently zoned Rl, and the home to the west, currently zoned R2, have also been provided with appropriate -sized lots. • Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi -family, townhouses, duplexes, apartments, Moose Creek — PP -07-006 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject property is currently zoned R-4, and is located adjacent to lands zoned R-4 and R-8. Stafffinds that the proposal is generally consistent with the Comprehensive Plan designation for this site. • Chapter VI, Goal H, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The Applicant is providing street frontage with the construction of Jones Creek Street for the property to the south and is also proposing one stub connection to the underdeveloped property to the west. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the Applicant's development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family developments as a Permitted Use in the R4 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 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 single-family residential development. Please see Exhibit C for detailed analysis of facts and findings for a preliminary plat. 1. Access: New residents will use the existing N. Summertree Way in Cherrywood Village Subdivision, and turn west onto the proposed Jones Creek Street o access the proposed subdivision. N. Summertree Way is constructed within a 40' right-of-way that runs parallel to the east boundary of Moose Creek Subdivision and will serve as the sole access to the proposed subdivision. 2. Access Easement. Access to this site is currently available from a private lane to Cherry Lane. Said private lane is constructed 20 -feet wide within a 30 -foot wide access easement. The private lane is also used by the property to the south, Parcel No. S1210212530 (Jones). The private lane easement runs the entire length of the west boundary of the subject site and terminates at the Jones' property. This private lane was approved by Ada County in 1999. However, per UDC 11-3F, private streets are reserved for commercial, industrial, mew, and multifamily developments only. Therefore, the access easement from Cherry Lane to the Jones' property must be vacated prior to signature of the final plat by the City Engineer. All access to the subject property and the Parcel No. 51210212530 (Jones) will be taken from the proposed Jones Creek Street. Direct lot access to Cherry Lane is prohibited. Moose Creek — PP -07-006 CITY OF MERIDIAN PLANNING9PARTMENT STAFF REPORT FOR THE HEA)A) � DATE OF AUGUST 21, 2007 3. Moose Creek Place: This street section is proposed to be at least 28 -feet wide with 4 -foot wide attached sidewalks. Although Staff has not received comments from ACHD as of yet, Staff believes that the proposal does not meet ACHD's road design standards. ACRD (in addition to the Meridian Fire Department) requires, at minimum, 26 feet of travel lane, within 42 feet of right-of-way, curb, gutter, and 5 -foot attached concrete sidewalk. ACHD allowed, with the previous application for Moose Creek Subdivision, that Jones Creek Street, which abuts the south property line, be constructed as a 40 -foot right-of-way with curb, gutter, and sidewalk on the north side of the road and a three-foot gravel shoulder and borrow ditch on the south side. All public roads should be constructed to ACHD's standards. 4. Turnaround /Snoopy: The Fire Department requires all turnarounds to have a turning radius of 28' inside and 48' outside. 5. Parking. No on -street parking shall be allowed along Moose Creek Place. Vehicles shall be parked in garages, driveways, or along other public roads. The turnaround shall be signed as "No Parking" as per the Meridian Fire Department's comments. 6. Elevations: The Applicant has submitted building elevations for the proposed single family detached structures. Although not required by code, Staff believes that the residential units generally comply with the design standards listed in UDC -11-3A-19. 7. Landscape Buffers: The Applicant has provided a 25 -foot wide landscape buffer along Cherry Lane, as required by UDC 11-2A-5. As proposed, Lots 6 & 7, Block 1, double -front two public streets, N. Summertree Way and Moose Creek Place. As direct access to N. Summertree Way will be prohibited for any lot within Moose Creek, Staff is recommending the Applicant provide, at minimum, a 5 -foot wide landscape buffer along N. Summertree Way. Said landscape buffer must be located in a platted common lot. All landscaping should conform to the requirements of UDC 11-3B-7. Maintenance of said buffer shall be the responsibility of the Moose Creek Homeowners Association. 8. 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. 9. Fencing: Excepting where fencing currently exists along the southern and western boundaries and is proposed along Cherry Lane, perimeter fencing along eastern boundary is not shown on the submitted landscape plan or preliminary plat. At the public hearing, the Applicant should state whether or not permanent fencing is proposed along said boundary. The Applicant should 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 perimeter fencing must be completed prior to issuance of building permits. 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. Moose Creek — PP -07-006 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 10. Tree Mitigation: Any existing, on-site tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department. b. Staff Recommendation: Based on the above analysis, Staff finds that application PP -07-006 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of said PP application subject to the conditions listed in Exhibit B. 11. EDITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (Revised: June 25, 2007) 3. Landscape Plan (Dated: June 25, 2007) 4. Building Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Sanitary Service Company 5. Ada County Highway District (CONDTTIONS BASED ON ORIGIN L 1,AYDJLT---- CONDITIONS NEED TO BE UPDATED TO REFLECT RFVISFD P .ATI 6. Nampa / Meridian Irrigation District C. Required Findings from Unified Development Code Moose Creek — PP -07-006 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 A. Drawings 1. Vicinity Map Exhibit A Page 1 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 2. Preliminary Plat (REVISED: June 25, 2007) s fl e �e g s 8Ce@a �E[l�e9[[�[�[ilEl[It�[I�I@Ill���ills�966669�6 � I el!- - -- --- v 1 p e �----- --� .- -- — s aasrem -- _ Exhibit A Page 1 _- I el!- - -- --- v 1 p e �----- --� .- -- — s aasrem -- _ Exhibit A Page 1 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 3. Landscape Plan (REVISED: June 25, 2007) 00 d' .4 0 z kVM 3318319615 N Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 FRONT ELEVATION Exhibit A FRONT ELEVATION 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.1.1 The preliminary plat prepared by Briggs Engineering, labeled as Drawing No. 60402-1 and stamped REVISED on June 25, 2007, is approved, with the conditions listed herein. Any future development agreement shall also be considered conditions of the Preliminary Plat (PP -07-006). 1.1.2 Dedicate and construct all public internal roadways to meet ACHD's road design standards. 1.1.3 Direct lot access to Cherry Lane is prohibited. 1.1.4 Provide a street connection (stub), including services. to Assessor's Parcel Number S 1210212703 to the west, as depicted on the preliminary plat and testified to during the public hearing. 1.1.5 The snoopy / turnaround for Moose Creek Place shall meet the Meridian Fire Department's requirement of 28' inside / 48'outside turning radius and be constructed in accordance with ACHD's requirements. No parking signs shall be installed along Moose Creek Place. 1.1.6 The existing private access easement that runs the length of the west property boundary must be vacated prior to signature of the final plat by the City Engineer. 1.1.7 The landscape plan prepared by Briggs Engineering, labeled as Sheet 1 and stamped REVISED on June 25, 2007, is approved with the following modifications / notes: • To prevent double -fronted lots, provide a minimum 5 -foot wide landscape buffer along the frontage of N. Summertree Way. • Provide 6 -foot Permanent vinyl fencing around the perimeter of the subdivision • Landscaping standards for all buffers shall comply with UDC 11-3B-7. • Coordinate a tree mitigation plan with Elroy Huff of the Meridian Parks Department. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. Submit ten (10) revised copies of the landscape plan with the changes listed above no later than ten (10) days prior to the hearing before City Council. 1.1.9 All homes within the subdivision shall contain at least 1,400 square feet of living area, exclusive of garages. 1.1.10 Maintenance of all common areas shall be the responsibility of the Moose Creek Subdivision Homeowners Association. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.2.1 Sidewalks/walkways shall be installed within the subdivision and on Cherry Lane pursuant to UDC 11-3A-17. 1.2.2 All lot lines common to a public right-of-way shall reserve a 10' utility easement. 1.2.3 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The Applicant should be required to 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 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE � DATE OF JULY 20 2006 final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.2.5 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the Applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.2.6 The Applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 1.2.7 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. 1.2.8 Staff's failure to cite specific ordinance provisions or terms of the approved annexation or preliminary plat does not relieve the Applicant of responsibility for compliance. 1.2.9 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N. Summertree Way. The Applicant shall install 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. 2.2 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. The Applicant's engineer shall coordinate with the Public Works Department an acceptable design of the sewer system that allows for the required minimum cover of the pipe. 2.3 Prior to signature on the final plat the Applicant shall vacate the drain field easement dedicated on the Hearthstone Plat on this property. 2.4 The out parcel in the northeast comer of this development has a drain field on this property. The preliminary plat shows services being stubbed to the out parcel but makes no mention of who will pay for the assessments and the actual physical connection. The Applicant shall ggs who will pay the sewer and water assessments, and pay for the actual physical connection of the out parcel to the City services nronosed durine the public heanne. 2.5 Water service to this site is being proposed via extension of mains in N. Summertree Way. The Applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.6 The preliminary plat shows an access to the southern property through what is labeled as a private drive. However the way it is drawn on the plat it looks like dedicated right-of-way. Revise the plat to show the private drive as either a common lot or an easement. 2.7 Prior to signature on the final plat the Applicant shall submit documentation that the private drive easement through Lot 2 Block 1 is vacated. Exhibit B CITY OF MERIDIAN PLANNINDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 2.8 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. 2.9 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. 2.10 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.11 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. 2.12 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-14 and 94-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.13 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. 2.14 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.15 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.16 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 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 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 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, 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 the 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. FIRE DEPARTMENT 3.1 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" 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 tum around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. The Fire Department must be afforded continued use of the turnaround currently provided at 1490 Junes Creek Lane. 3.5 All entrance and internal roads, and turnarounds shall have a turning radius of 28' inside and 48' outside radius. 3.6 For all Fire Lanes, provide signage "No Parking Fire Lane." 3.7 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. 3.8 The Applicant shall work with Planning Department staff to provide an address identification plan for the property currently located at 1490 Jones Creek Lane. 3.9 Where a portion of the facility or building hereafter constructed or moved into or within the Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 M). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. SANITARY SERVICE COMPANY 4.1 Parking should be restricted indefinitely along Moose Creek Place and temporarily on Jones Creek Street until the remaining street section is completed. 5. ADA COUNTY HIGHWAY DISTRICT (CONDITIONS BASED ON ORi INAI LAYOUT — CONDITIONS ED TO BE UPDATED TO REF1,FCT RFYL5EDJUAn Site Specific Conditions of Approval 5.1 Dedicate 10 -feet of additional right-of-way on North Summertree Way to total 25 -feet from center or 50 -feet for the entire local roadway and construct a 5 -foot attached concrete sidewalk on Summertree Way along the entire sites frontage to complete the 36 -foot street section within 50 - feet of right-of-way complete with curb, gutter and sidewalk. 5.2 For Moose Creek Drive where it abuts the south property line, dedicate 40 -feet of right-of-way and construct curb, gutter and 5 -foot attached concrete sidewalk on the north side of Moose Creek Drive and provide the minimum 24 -feet of pavement at the southeast property line. Construct on the south side of Moose Creek Drive a 3 -foot gravel shoulder and borrow ditch. 5.3 Construct Moose Creek Drive as it transitions northward, away from the south property line, as a 29 -foot street section within 42 -feet of right-of-way complete with curb, gutter and 5 -foot attached concrete sidewalk with parking restricted on one side of the roadway. 5.4 Construct a stub street to the south and to the west, Moose Creek Drive, located approximately 125 -feet north of the southwest property line (measured centerline to property line). This stub street shall align and provide access to the west and the south of this site. A sign shall be installed at the eastern origin of Moose Creek Drive stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 5.5 Construct the knuckle in Moose Creek Drive with a 48 -foot turning radius to allow for traffic to reverse. 5.6 Cherry Lane is classified as an arterial roadway: all access points to Cherry Lane will be closed except the access specifically approved with this application: direct lot access to Cherry Lane is prohibited and should be noted on the final plat. 5.7 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 5.1.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE �G DATE OF JULY 20, 2006 5.1.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of-way. 5.1.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 5.1.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5.1.5 Comply with the District's Tree Planter Width Interim Policy. 5.1.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5.1.7 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 ACED Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5.1.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 5.1.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 5.1.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 5.1.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACED 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 ACED right-of-way. The applicant shall contact ACED Traffic Operations 387-6190 in the event any ACED conduits (spare or filled) are compromised during any phase of construction. 5.1.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 5.1.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 6. NAMPA / MERIDIAN IRRIGATION DISTRICT 6.1 Coordinate with John Anderson, Water Superintendent for NMID, concerning installation of the underground, pressurized irrigation system. Exhibit B 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 6.2 All storm drainage shall be retained on-site. If surface drainage cannot be contained on site, contact Donna Moore at 466-7861, as a Land Use Change Application must be filed for review prior recording of the final plat. 6.3 All laterals and wasteways must be protected. 6.4 The developer must comply with Idaho Code 31-3805. Exhibit B • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 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-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. The Council 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. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services can be made available to accommodate the proposed development. c. 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 Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff and the Commission recommend Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development will not be detrimental to the public health, safety, or general welfare; and Staff and the Commission are not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council's attention. ACHD considers road safety issues in their analysis. Staff and the Commission recommend 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 and the Commission are unaware. E 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 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 and the Commission recommend Council reference any public testimony that may be presented during the hearing to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Staff and the Commission are unaware. Exhibit C August 31, 2007 AZ 07-004 MERIDIAN CITY COUNCIL MEETING September 4, 2007 APPLICANT Ruby/Edwards: Architecture + Design ITEM NO. 5-G REQUEST Development Agreement — Request for Annexation and Zoning of 2.48 acres from RUT to an L -O zone for locust Grove Professional Office Building — 1695 South Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Development Agreement Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 00 37 BONE IDAHO 09110107 12:23 PBI tt + II r DEPUTY WeN Allen RECORDED-REAUEST OF CIV of fdeddian 107126900 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Specialty Contracting, Owner/Developer THIS DEVELOP NT A REEMENT (this Agreement), is made and entered into this 90— day of , 2007, by and between City of Meridian, a municipal corporation oft State of Idaho, hereafter called CITY, and Specialty Contracting, whose address 2525 Stokesberry Place, Suite A, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511 A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and re -zoning of the Property described in Exhibit A, and has requested a designation of (L -O) Limited Office, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT PAGE 1 OF 11 AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 19"' day of June, 2007, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT PAGE 2 OF I 1 AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Specialty Contracting, whose address 2525 Stokesberry Place, Suite A, Meridian, Idaho 83642, the parties that own said Property and shall include any subsequent owner(s) and developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re -zoned L -O (Limited Office District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian City Code Section 11 which are herein specified as follows: Personal and professional services offices and clinics in an office building totaling 21,000 square feet in the proposed L -O zone on 2.48 acres, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 07-004 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Developer and/or Owner shall develop the Property in accordance with the following special conditions: 1. That development of this property shall conform to the concept plan DEVELOPMENT AGREEMENT PAGE 3 OF 11 AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE prepared by The Land Group, Inc., dated February 9, 2007, labeled Sheet A1.1, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. 2. That no alterations, expansions, reconstructions or other enlargements to the existing single-family structure will be permitted. 3. That prior to submittal for Certificate of Zoning Compliance, the existing home shall be removed and all wells and septic systems abandoned. 4. That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure, or land be established or changed in use without a Certificate of Zoning Compliance (CZC). 5. That all parking areas, drive aisles, landscaping, sidewalks, lighting, signage, building height and building setbacks for this development shall comply with the applicable provisions set forth in the Unified Development Code. 6. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 7. That the following shall be the only allowed uses on this property: Principally Permitted uses within the L -O zone. 8. That the hours of operation shall be limited to 6 a.m. to 10 p.m. 9. That one office -type building may be constructed on this site. 10. That the future office building shall have a maximum size of approximately 21,000 square feet, and be restricted to a height of 35 feet. 11. That Staff has reviewed a design review application for the future building on this site. That said future office building shall provide: variations in roof lines and either eaves, a sloped roof, parapets, and / or cornices; a form of awning over all building entrances; at least 3096' of the street -facing fagades to contain windows; and at least two different types of siding and accent materials. The structure shall be generally compatible in appearance and bulk with the provisions listed above and the elevations submitted, prepared by Ruby I Edwards: Architecture + Design, dated April 20, 2007, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. 12. That a 25 -foot wide landscape street buffer will be constructed adjacent to Overland Road, and Locust Grove Road, located entirely outside of the DEVELOPMENT AGREEMENT PAGE 4 OF I 1 AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE right-of-way. That alternative compliance has been granted for construction of a concrete landing, retaining walls, and two stairways within the required street landscape buffers. And, that said landscape buffers shall be installed prior to receipt of occupancy of the office building. 13. That a 20 -foot wide land use buffer and 6 -foot tall, vinyl perimeter fencing, constructed in accordance with the UDC, will be installed along the south and west property lines; that said land use buffers and fencing shall be installed prior to receipt of occupancy of the office building. 14. That the Applicant installs either bollards or cement posts in the southwest corner of the lot parallel with the entrance to the site in a manner that shall prevent any runaway vehicle on the entryway slope from penetrating the property line to adjacent property. 15. That vehicular access to this site shall be restricted to one driveway to Locust Grove Road, as approved by ACRD; no vehicular access to Overland Road is approved. 16. That the Applicant installs any and all sewer mains, water mains, and/or fire hydrants that are deemed necessary during construction plan review. This may include water connections in both Overland and Locust Grove Roads. 17. That the Applicant provides easements for all required sewer and water mains that are not located within the right-of-way. 18. That the Applicant files a floodplain development application with the City of Meridian Public Works Department prior to commencement of work or improvement within the floodway or floodplain on this property. 19. That the Applicant pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owner/Developer or Owner/Developer's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developer consent upon default to the reversal of the DEVELOPMENT AGREEMENT PAGE 5 OF 11 FMiM0I1I37SsZ i13_11i mi 0 zoning designation of the Property subject to and conditioned upon the following conditions precedent to -wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developer and if the Owner/Developer fails to cure such failure within six (6) months of such notice. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. DEVELOPMENT AGREEMENT PAGE 6 OF 11 AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by the City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non - breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which the Owner/Developer agree to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Owner/Developer have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de - annexation if the owner or his assigns, heirs, or successors shall not meet the conditions DEVELOPMENT AGREEMENT PAGE 7 OF 11 AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 OWNER/DEVELOPER: Specialty Contracting 2525 Stokesbenry Place, Suite A Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal DEVELOPMENT AGREEMENT PAGE 8 OF 11 AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT PAGE 9 OF 11 AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: SPECIALTY CONTRACTING CITY OF MERIDIAN By: MAYOR T6MY de WEERD Ap,�, r , Council I� -`" 7 Attest: TF 0 SEAL CITY CLERK DEVELOPMENT AGREEMENT PAGE 10 OF 11 AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE STATE OF IDAHO, ) ss County of Ada, ) On this day of ,t�i't�` , 2007, before me, the un ersignBd, a Notary Public in and - r said State, personally appeared �- a- known or identified to me to be the of Specialty Contracting and acknowledged to me that they executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) A CHAPMAN oy y Pub1 r d �o Residing at: My Commission Expires: �QJ STATE OF IDAHO ) ss County of Ada ) On this At' day of cSCO%c71l1_j�� , 2007, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .• 0008 *see* ' M. G,�•�. (SEAL) 4o�taryy Public for Idaho ' • Residing at: I A lA lly-LIiD Commission expires: 1-1 DEVELOPME • PAGE 11 OF 11 AZ 07-004 LOCUST PROFESSIONAL OFFICE A. Legal Description TOOVBMA. _0Rr0N IKNGDMMNG COWANY . ..W -{1&TON AM.I*IANNM PRQJP.CT 14 9: 07.02.7 DAM-febmay i.5,2607 WE: 1 I 4777.di1P!*.00YLEVA0 00M)DAH0OMCM� W&323;1280 FAX AS -40-2m 1j" OFEnon .F-3CMrr '4A". RMONS OESC M- ON A Pmtm'*fthc Nm*eW QuarW of the Northem I:hwW of Seeflon. 19, Township 3 Nook, ROV.) Has49qido'McridigA City -9f MOMOA-MaCdamy, ldahio' domb.c6pbUo". P. .:Ni�rtit, Rhe ff0m'WWA4 the Q4ai*46im Wsaid 64ed6ms 14 Md' 19'. bem S.WkVij"W, 2&4."17''i6t; "V:'Wo4� tbp'mWdY JbW of'WW Sftfion 11% th'.. 4 lb uditheriy filli� 1, &.000341 2.5"W., 48* .0 ; Mock 2 Ong, 10 t L�ft 5� Ana 3-7 5 and: the easterly pmlonpdon the=4 thereof 3. 1-4.14'519*0W.4505,46' 46:0" -�yif4 bf-19: a 11W.' I -46d take mnm !Y' 4;. fietto-thePOINT'OFURGUMM. C0NTA41i'YiNG'!','2A8 acres,,more or 6m- P.bL*mft'is %000'io EXWMIT `-')W'—Xne Sketch Pbui, which is.made a pot of this dooWmt. THIS DEkCRIPTM WAS PU'PAREaftoM jWORMATION CONTAWj3 Dj INgMUMENT NO.S 16*9=r:AND :IMW0398. v I ly� FES BOISE - COEUR-d'ATXNE - CALIOWM- Pap I CITY OF MERIDL4N FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 2.48 Acres from RUT to L -O, by Ruby 9 Edwards: Architecture + Design Case No(s). AZ -07-0049 ALT -07-005, & DES -07-002 For the City Council Searing Date of: June 51, 2007 (Findings on the June 19, 2007, City Council agenda) A. Findings of Fact L Hearing _Facts (see attached Staff Report for the hearing date of June 5, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 5, 2007, • incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 5, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 5, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION 8: ORDER CASE NO(S� AZ -07-004, ALT -07-M, & DES -07-002 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. b. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the Applicant, the Planning Department, the Public Works Department, and any affected party requesting notice. 7. That this approval is subject to the Legal Description and the provisions of the Development Agreement contained in the attached Staff Report for the hearing date of June 5, 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 request for annexation and zoning, as evidenced by having submitted the legal description and exhibit map stamped and dated February 13, 2007 by Jeffrey H. McAllister, PLS, is hereby conditionally approved; 2. A Development Agreement is required with approval of the subject rezone and shall include the provisions noted in the attached Staff Report for the hearing date of June 5, 2007, incorporated by reference; and 3. That the Applicant installs either bollards or cement posts in the southwest corner of the lot parallel with the entrance to the site. D. Attached: Staff Report for the hearing date of June 5, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -07-004, ALT -074)05, & DES -0743M By action of the City Council at its regular meeting held on the day of 2007. COUNCEL MEMBER DAVID ZAREMBA VOTED4&�-' COUNCIL MEMBER JOE BORTON VOTED_0�t - COUNCIL MEMBER CHARLIE ROUNTREE VOTED `p!�— COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED Copy served upon: Applicant f►i, I ►►+t++' Planning Department Public Works Department City Attorney B jah"Dated: io•7,4 -0-1 City Cleric's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -07 -ON, ALT -07-M, & DES47-M CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ]UNE 5, 2007 STAFF REPORT Hearing Date: June 5, 2007 TO: FROM: SUBJECT: 1. SUA04ARY Mayor dt City Council Amanda Hess, Associate City Planner (208)8W5533 Locust Grove Professional Office a AZP07-004 Annexation and Zoning of 2.48 acres from RUT (Ada County) to L-0 (Limited Office District), by Ruby I Edwards: Architecture + Design • ALT -07-005 Alternative Compliance for hardscape within the required arterial stred landscape buffers • DES -07-002 Design Review for an office building totaligg 21,000 square feet within the L -O zone OF APPLICANT'S REQUEST The Applicant, Ruby I Edwards: Architecture + Design, has requested Annexation and Zoning (AZ) approval of 2.48 acres from RUT (Ada County) to L-0 (Limited Office District). Staff also required application for Design Review for the proposed office building, and alternative compliance to the City's landscaping requirements. The subject property is located on the southwest corner of Overland Road and Locust Grove Road in Section 19, Township 3 North, Range 1 East, B.M., and is currently referenced as Assessor's Parcel Number S1119110026. The property is within the City's Area of Impact and Urban Service Planning Area. Approval of the subject AZ application would allow the Applicant to obtain an office zone. According to current City Code, personal and professional services (offices) and clinics are principally permitted uses in the proposed L -O zone (UDC Table 11-2B-2). The Applicant has not submitted a subdivision or certificate of zoning compliance application at this time. However, the Applicant has submitted a concept plan for how the subject property may develop, and elevations for what the future building will look like. Staff has reviewed both the concept plan and the elevations and has included DA provisions in the staff report relate to all of the submitted applications (AZ, ALT and DES). On the submitted conceptual plan, the Applicant has depicted one access to Locust Grove Road. The driveway is located near the south property line, approximately 440 feet south of the Overland / Locust Grove intersection. Because the Applicant has not submitted a subdivision or CZC application at this time, ACHD has not reviewed or approved access to this property yet (to be reviewed with CZC application in the future). The Applicant is proposing to make site improvements (landscaping, pathways, etc.) at the time of submittal for a Certificate of Zoning Compliance (CZC). At that time, Planning Staff will require site improvements in accordance with the Unified Development Code, including but not limited to, parking and landscaping. Staff has reviewed, as part of ALT -07-005, the proposed landscaping at the cornea of Locust Grove Pwfasmud Office — AM74M, ALT -07-005, & ADR -07-W2 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE S, 2007 Overland and Locust Grove Roads. 2. SUMMARY RECOMMENNDATION The subject Annexation and Zoning application was submitted to the Planning Department for review. By City Ordinance, the Planning & Zoning Commission makes recommendation to the Council on Annexation and Zoning applications. Any comments related to the Annexation and Zoning application (AZ -07-004) will be included in the Commission's recommendation to the Council. The Commission must make a formal recommendation to the Council on the annexation application. Although it is not on the agenda as a public hearing item, the Commisalon may also review and, make recommendations regarding the alternative compliance and design review applka tions, as these applications are key to the proposed development. Staff is recommending approval of the Locust Grove Professional Office application (A7,07-004, ALT -074M, do DES -07-002) with a Development Agreem"t for the project. The Meridian Planning and Zop& Commission heard this nrolect on Mev 3.2007. At the uublic hearing. they movel to recommend approval to the City Council. a. Sumn w of Public Hearing: ii. In opposition: None iii. Commenting: Mike Ball ftMidenq Sportsman's, Pointe HOA): Gene Dertell QWrbor); Mike Bussert (Neigh or) iv. Written testimony None V. Staff _gE gmgapplication: Amanda Hess vi. Other Staff commenting on application: Q46 Herod b. Key Issues of Discussion, Commission: i. The allowed uses within the L -O zone and compatibility of those uses with the adjact residential subdivision: ii. jbe hours of Wpm iM iii. etading of the ptgr per+ so as not to imact the adjacent residential subdivision: and iv. The provision of additional landseapin& to buffer the adjacent residential subdivision from the proposed office building. - c. Key Commission Changes to Staff Recommendation: L That the hours of gprration for the site be from 6:00 am. to 10:00 p.m.: and ii. That six -food. vinyl peiimer fencinu be installed along the west and south gWerty linea. d. Outstanding Issue(s) for City Council: i. Resident concerns regarding compatibility of eMMUons/height with homes to the west. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 G 1. 3. PROPOSED MOTION Approval After considering all Staff Applicant, and public testimony, I move to approve File Number AZ -07- 004 (and ALT -07-005 & DES -07-002 optional) as presented in the stafif report for the hearing date of June 5, 2007, with the following modifications to the proposed development agreement: (add any Proposed modifications) Denial Atter considering all Staff, Applicant, and public testimony, I move to deny File Number AZ -07-004 (and ALT -07-005 & DES -07-002 optional) as presented during the public hearing on June 5, 2007, for the following reasons: (you should state specific reasons for denial of the annexation request) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number AZ -07- 004 (and ALT -07-005 & DES -07-002 optional) 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 AddressImtion: 1695 S. Locust Grove Road SWC of Overland Road and Locust Grove Road Section 19, Township 3 North, Range 1 East b. Property Owner of Record: Specialty Contracting 2525 Stokesberry Place, Suite A Meridian, ID 83642 c. Applicant: Ruby I Edwards: Architecture + Design 615 W. Hays Street Boise, M 83702 d. Representative: Wescott Edwards, Ruby I Edwards: Architecture + Design e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Office g. Description of Applicant's Request: Annexation of 2.48 acres from RUT to L -O h. Applicant's Statement / Justification. The application is to construct a two-story 21,000 square - foot office building. The building will be designed to accommodate professional offices and / or medical offices. Access to the site will be from Locust Grove Road. Parking will exceed that required by the UDC. All required landscaping will comply with the UDC. (Please see Applicant's submittal letters for more information) S. PROCESS FACTS Locust Grove Professional Office — AZ -o7 -W, ALTA740, & ADR -07-002 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ]UNE S. 2007 a. The subject application will, in fact, constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. Newspaper notifications published. on: April 16, 2007, & April 30, 2007 (Planning & Zoning Commission) May 14.2007, & May 28, 2007 QW Council) c. Radius notices mailed to properties within 300 feet on: April 5, 2007 (Planning & Zoning Commission) May 11, 2W (City Counci d. Applicant posted notice on site by: April 23, 2007 (Planning & Zoning Commission) Hu 26.2007 (City Cgwmi ill 6. LAND USE a. Existing Land Use(s): 'There is an existing home and outbuildings on the subject site. b. Description of Character of Surrounding Area: A highly trafficked intersection with commercial /office development proposed at all corners. c. Adjacent Land Use and Zoning: North: Maverick store, zoned C -C South: Residential (Sportsman's Pointe Subdivision), zoned R-4 East: Vacant land, zoned C -N West: Residential, (Sportsman's Pointe Subdivision), zoned R-4 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: L Public Works Location of sewer: There is sewer stub off of E Overland Road and an existing sewer service off of E. Peacock Street Location of water. There is currently a water service stubbed off of E. Overland Road Issues or concerns: None 2. Vegetation: There are some existing trees on the subject property that should either be preserved or mitigated for at the time of development. 3. Floodplain: A portion of the site at the west property line is located within the 500 -year floodplain. 4. CanalsMitches/hrigation: N/A 5. Hazards: Vehicular access to this site - This site has frontage on Overland Road and Locust Grove Road. ACHD has not evaluated access on this site, as no development application was submitted concurrently with the subject annexation request. Staff can not guarantee the access proposed on site will be approved by ACHD StafE Planning Staff is not aware of any other potential hazards on this site. 6. Proposed Zoning. L -O LOMU Grove Professional Office — AZ -07-004, ALT -07-005, & ADR -07-002 Page 4 CI'T'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 7. Size of Property: 2.48 acres f. Summary of Proposed Streets and/or Access: Although no development is proposed at this time, the Submitted Concept Map shows a driveway access to Locust Grove located new the south boundary (located approximately 380 feet south of Overland Road). Staff is supportive of the general location of this driveway as it appears to be the best location for access. However, Staff believes that Overland I Locust Grove will likely become an even more intense intersection once the Locust Grove overpass is complete. A full access in such close proximity to said intersection may create a traffic hazard Therefore, Planning Staff can not guarantee that a full aeras can or will be granted by ACHD for the subject site. g. Landscaping: 1. Width of street buffer(s): Per City Code (UDC Table 11-2B-3), a 25 -foot wide landscape street buffer is required adjacent to Overland Road and Locust Grove Road, both arterial roadways. 2. Width of buffer(s) between land uses: Per City Code (UDC Table 11-2B-3) a 20 -foot wide landscape buffer is required between L-0 zoned properties and residential uses/zones. There are residential uses to the south and west of this site. 7. COMMENTS MEETING On April 13, 2007, Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions in the attached Exhibit B. However, because this request is only for annexation, comments are for informational purposes only. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Office." The purpose of a medium density residential designation is to provide opporhuddes for low -impact business. Uses may include offices, technology and resource centers, and ancillary commercial uses. (See 2002 City of Meridian Comprehensive Plan, page 106) Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (Stgff analysis is in italics below policy): • Chapter VII; Goal IV, Objective D, Action 2 - "Restrict curb cuts and access points on collectors and arterial streets.11 On the submitted conceptual plan, the Applicant is proposing a single access to Locust Grove Road, approximately 380 -feet south of Overland Road. ACRD has not yet reviewed or approved access to the site. City Staff is supportive of limiting vehicular access to this site to one point, as allowed by ACID. • Chapter VII, Goal IV, Objective D, Action 4 - "Require appropriate landscape and buffers along mon corridors (setback, vegetation, low walls, berms, etc.)." Overland Road and Locust Grove Road are designated arterial streets. By City Ordinance, 25 - foot wide landscape buffers are required adjacent to Overland Road and Locust Grove Road Landscape buffers along Overland and Locust Grove Roads will be required by the City at the time ofprocurement of Certificate(s) of Zoning Compliance. • Chapter V, Goal III, Objective D, Action 5 - "Require all commercial businesses to install and maintain landscaping." The Applicant is not specifically proposing to install any landscaping with the subject annexation application. In order to construct buildings on this site the Applicant will be required to construct internal and perimeter landscaping at the time of procurement of Certificate(s) of Zoning Locust Grove Professional Office — Az -07-004, ALT -07-005, & ADR -07-002 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ]UNE 5, 2007 Compliance. Additionally, the Applicant must obtain Ceriificate(s) of Zoning Compliance prior to submittal for buildingpermit(s). • Chapter IV, Goal L Objective A, Action - "Permit new... commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." This property is contiguous to the City and sanitary sewer and water are readily available. • Chapter VII, Goal 1, Objective B - "Plan for a variety of commercial and retail opportunities within the Impact Area" Staff believes that the proposed zone, which allows office uses, does contribute to the variety of uses in this area which include. a church, single family homes, multi family apartments, and retail stores. Staff finds that the proposed zoning to Z -D is harmonious with and in accordance with the Comprehensive Plan. Staff recommends that the Commission and Council rely on Stag's analysis, other agency/department comments, and any other comments received regarding the appropriateness of zoning this site for office uses. 9. UNIFIED DEVELOPMENT CODE a Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the L-0 zoning district. Personal and Professional Services are listed as principally permitted uses in the L-0 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. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Application: Approval of the subject annexation application would allow the Applicant to obtain an office zone. According to current City Code, professional offices and clinics are principally permitted in the proposed L-0 zone. The Applicant has submitted conceptual site and landscape plans showing how this site will redevelop, with a single office building, parking, and landscaping. Based on the policies and goals contained in the Comprehensive flan and the general compliance of the proposed concept plan with the Ordinance for L-0 zoning, Staff believes that the zoning of this site to L-0 is in the best interest of the City. Please see Mbit C for detailed analysis of facts and findings. The annexation legal description submitted with the application (stamped February 15, 2007, by Jeffrey H. McAllister, RLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Development Agreement: UDC 11 -5B -3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the proposed use and the adjacent residential uses, Staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties. ff the Commission or Council feel additional development agreement requirements are necessary, Staff recommends a clear outline of the commitments of the developer being required. Locust Grove Profftimnal Office — AZ -074M, ALT -07-M, & ADR -07-002 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 A Development Agreement (DA) will be required as part of an annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within six months of Council approval to initiate this process. The DA shall incorporate the provisions listed in Exhibit B of the Staff Report. Concept Plan: Staff is generally supportive of the submitted conceptual site plan for this property. However, as the plan is conceptual, Staff is unable to gauge whether the site dimensions as shown on the plan will fully comply with the UDC. The Applicant should be aware that all parking areas, drive aisles, landscaping, sidewalks, lighting, signage, building height, and building setbacks for this development should comply with the applicable provisions set forth in the Unified Development Code. Staff will provide a detailed review with the Certificate of Zoning Compliance application The Applicant should be required to develop this site in general conformance with the submitted concept plan, prepared by Ruby I Edwards: Architecture + Design, dated February 9, 2007. Access: Vehicular access to this property proposes a challenge. This property has approximately 220 feet of frontage on Overland Road and 415 feet of frontage on Locust Grove Road ACHD policy requires right -in / right -out driveways located on arterial roadways to be consttuoted a minimum of 220 feet from a stop controlled intersection; 440 feet is required for a full access driveway. The property clearly does not have enough frontage on either street to meet the District's policy for full access. Additionally, there is an existing roadway, Peacock Street, located approximately 150 feet south of the proposed driveway access that may create potential turning conflicts if a f dl -access driveway were to be located 380 feet south of Overland Road Access to this site shall be limited to one driveway, in a location determined by ACRD. Parking, For professional offices, parking stalls are currently required at the rate of one space per 500 square feet of gross floor area (UDC 11 -3C -6B). For all office uses, parking stalls are cunetitly required at the rate of one space per 500 square feet of gross floor area (UDC 11 -3C - 6B). Per this requirement, 42 stalls are required The proposed site plan depicts 58 parking stalls on this site, with designated handicap accessible stella. This provision exceeds the City's minimum parking stall ratio. Staff believes that the site will have ample parking. Per UDC 11 -3C -6G, one bicycle parking space shall be provided for every 25 vehicle parking spaces. The Applicant should provide a minimum 2 -park bicycle rack on this site. Office Uses: Professional and sales offices, laboratories, health care services and medical clinics are some of the most common principally permitted uses within the requested L-0 zone. Staff believes that these principally permitted uses are appropriate for this property. However, there are several retail and ancillary commercial uses that can occur in the L-0 zone with conditional use permit approval. The properties at the remaining corners of Overland / Locust Grove are zoned for commercial uses. Staff is concerned that this property may also turn into a commercial retail site, and is recommending that the City limit the uses that can operate on the site to principally permitted uses in the L-0 zone. This rxidation is intended to protect the residential neighbors to the south and west from more intense commercial uses (restaurants, laundromats, animal hospitals, etc.) that could potentially operate on this property with CUP approval. According to the UDC, no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure, or land be established or changed in use without a Certificate of Zoning Compliance (CZC) issued by the Administrator. A Certificate of Zoning Compliance shall be issued only in conformity with the provisions of this Title and shall be required before the issuance of a building permit. Prior to construction of any building on this site, a Certificate of Zoning Compliance permit should be obtained Upon annexation and zoning of the property to L-0, the existing residence will become a legal non -conforming use. The Applicant, Commission, and Council should be aware that no Locust Grove Professional Office — AZ -07-004, ALT -07-005, & ADR -07-002 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 alterations, expansions, reconstructions, or other enlargements to the structure will be permitted. Hours of Operation: In the Applicant's submittal letter, the Applicant addresses the hours of operation for the proposed development. The Applicant proposes the hours of 7 a.m. to 6 p.m. Therefore, Staff is recommending that the hours of operation for businesses on this site be limited through a Development Agreement from 7 am to 6 pm. Landscaping: Overland Road and Locust Grove Road are classified as arterial roadways. Twenty-five feet of landscape buffer is currently required adjacent to arterial roadways (UDC Table 112B-3). As detailed in the Alternative Compliance section below, the Applicant is proposing a landing within a portion of the required street buffers. Landscape buffers along Overland Road and Locust Grove Road will be required by the City with future CZC approval. Additionally, if the subject annexation and zoning application is approved, the property will then be adjacent to residential properties, zoned R-4, within the City of Meridian. To mitigate the existing land uses to the south and west from the fiture office uses on this site, 20 -foot wide landscape buffers along the perimeter should be installed prior to receipt of a Certificate of Occupancy for the proposed building. (See UDC Table 11 2B-3) Alternative Compliance: UDC 11 -2B -3A-1 requires a 25 -foot wide landscape buffers along arterials. UDC 11-3B-7 prohibits impervious surfaces within landscape street buffers. Due to size unusual shape of the subject property and topographical constraints, the Applicant states that strict adherence to the 25 -foot landscape buffer requirement on arterials is not feasible. Additionally, the Applicant maintains that the alternative compliance provides a superior means for meeting the landscaping requirements. The Applicant has submitted an application for alternative compliance approval to construct a landing at the corner of the Overland / Locust Grove intersection, retaining walls, and two stairways which lead a public plaza, are all to be located within the required arterial buffers. The Applicant states that the landing / stairways / plaza will add to the appeal of the corner lot, will be more conducive to the design of the site, and friendlier to the public. Staff is supportive of the proposed concept landscape plan, including the alternative compliance proposal, as depicted in Exhibit A. Staff believes that the subject property does have topographical / shape restraints which warrant alternative means to compliance with the landscaping requirements of the UDC. Significant excavation / grading will be necessary to facilitate the construction of the proposed office building on the site. Staff believes the conceptual landscape plan incorporates innovative design such as a water feature, and will provide visual interest for the traveling public. Further, Staff believes the plaza will be an appealing gathering area for future employees on-site. Staff, the Commission, and Council shall make the following determinations m order to grant approval for Alternative Compliance: a. Strict adherence to application of the requirements is not feasible; OR b. The alternative compliance provides an equal or superior means for meeting the requirements; and c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. Staff believes that the alternative landscaping proposal does provide a superior means in which to meet the intended purposes of the landscaping regulations. Please see Exhibit B for detailed conditions of approval and Exhibit D for the Alternative Compliance findings. Design Review Standards (UDC 11-3A-19): Staff finds that the subject site generally complies with the standards for oT= structures greater than 10,000 square feet within the L -O district. Please see Exhibit B for detailed Conditions of Approval. Locust Grove Professional Office — A7. -07 -OK ALT -07-M, & ADR -07-002 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 L Archkeawral Character: a. Facades - Facades visible from a public street shall incorporate modulations in the facade, roof line recesses and projections along a minimum of twenty percent (20'/0) of the length of the facade. b. Primary public entrance(s) - The primary building entrances) shall be clearly defined by the architectural design of the building. Windows, awnings, or arcades shall total a minimum of thirty percent (30%) of the facade length facing a public street. c. Roof lines - Roof design shall demonstrate two or more of the following, a) overhanging eaves, b) sloped roofs; c) two or more roof planes; d) varying parapet heights; and e) cornices. d. Pattern variations - At least two changes in one or a combination of the following shall be incorporated into the building design: color, texture, and / or materials. e. Mechanical equipment - All ground -level and rooilop mechanical equipment shall be screened to the height of the unit as viewed from the property line. The proposed structure meets only one of the design requirements for roof lines listed in subsection a above. The Applicant shall provide eaves, a sloped roof, parapets, and / or cornices. Otherwise, Staff believes that the submitted elevations generally comply with the aforementioned standards. 2. Color and materials: Exterior building walls shall demonstrate the appearance of high- quality ighquality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or textured masonry block, textured architectural coated concrete panels, tinted or textured masonry block, stucco, or stucco -like synthetic materials. Smooth -faced concrete block, tilt up concrete panels, or prefabricated steel panels are prohibited except as accent materials. The Applicant proposes a combination of textured concrete block, with accents of corrugated metaL A portion of the building will have a stucco finish. The building will be terra cotta -colored or other various earth tones. Additionally, the window frames will be bronze -colored Please see the Applicant's narrative for more details regarding the building facades. 3. Parking Lou: No more than seventy percent (70%) of the off-street parking area for the structure shall be located between n the front facade of the structure and abutting streets, unless the principal building(s) and / or parking is / are screened from view by other structures, landscaping and/or berms. A Pedestrian walkways: a. A continuous internal pedestrian walkway that is a minimum of eight feet (8') in width shall be provided from the perimeter sidewalk to the main building entrance. The walkway width shall be maintained clear of any outdoor sale displays, vending machines, or temporary structures. b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. e. Walkways at least eight feet (8') in width, shall be provided for any aisle length that is greater than one -hundred fifty (150) parking spaces or two hundred feet (200') away fiom the main building entrance. d. The walkways shall have weather protection (including but not limited to an awning or arcade) within twenty of all customer entrances. As the subject site does not lie within an entryway corridor, and there is a significant grade change from the adjacent arterial streets to the building pad that makes an &foot wide walkway difficult, Sts does not believe the pedestrian walkway requirement of the design review standards should be applied here. I== Grove Professional Office — AZ -07-004, ALT -07-005, & ADR -07-002 Page 9 My OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 20o7 [7.1 Staff believes the unusual shape and topographical constraints of the property restricts design of the property to accommodate rear parking. Additionally, the proposed building will shield the majority of the parking lot which will likely not be visible from Overland Road. Therefore, Staff don not believe the parking lot requirement of the design review standards should be applied here, as well. The building elevations prepared by Ruby I Edwards: Architecture + Design, Sheet Number A3.1 and dated April 20, 2007, are supported by StafX as they generally comply with most of the Design Review standards outlined in UDC 11-3A-19 listed above (see roof line section). Certificate of Toning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-513-1A). To ensure that all of the conditions of approval listed in Exhibit B are complied with, the Applicant will be required to obtain CZC approval from the Planning Department prior to building construction, and all improvements must be installed prior to occupancy. Staff Recommendation: Staff recommends approval of the subject application AZ -07-004 (and ALT -07-005 & ADR -07-002) with the Development Agreement provisions listed in the In Exhibit B of the Staff Report for the hearing date of May 3, 2007. The Meridian Plannim 11. EXMM A. Vicinity / Zoning Map, Site Photos, Concept Plan, Landscape Plan, and Elevations B. Agency and Department Comments C. Legal Description D. Required Findings from Unified Development Code Locust Grove Professional Office — AZ -07-004, ALT -07-005, & ADR 07-002 Page 10 1� ■■ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF RBPORT FOR THE HEARING DATE OF JUNE 5, 2009 Exhibit A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE BEARING DATE OF JUNE 5, 2007 3ARLAWL hD * -"dlp, v4s. aLIMNARY I k =0 A1� Exhibit A Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE S, 2007 Exhibit A Page 4 ------------- ------------------------—---- -.__ -- - ---------- ---- - ------------- r r. --------------- • 1111 •' 4r ------------------ -------------------- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ]UNE 5, 2007 B. Agency and Department Comments 1. PLANNING DEPARTMENT 1.1 The legal description submitted with the application (stamped February 15, 2007, by Jeffrey H. McAllister, RLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Public Works Department has confirmed that the submitted legal description meets the requirements is of the City of Meridian and the Idaho State Tax Commission. 1.2 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of the City Council approval to initiate this process. The DA shall, at minimum,- incorporate the following: • That development of this property shall conform to the concept plan prepared by The Land Group, Inc., dated February 9, 2007, labeled Ski Al. 1, as determined. by the Planning Director or otherwise approved through a Conditional Use Permit. • That no alterations, expansions, reconstructions or other enlargements to the existing single- family structure will be permitted. • That prior to submittal for Certificate of Zoning Compliance, the existing home shall be removed and all wells and septic systems abandoned. • That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure, or land be established or changed in use without a Certificate of Zoning Compliance (CZC). • That all parking areas, drive aisles, landscaping, sidewallm, lighting, signage, building height and building setbacks for this development shall comply with the applicable provisions set forth in the Unified Development Code. • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That the following shall be the only allowed uses on this property: Principally Permitted uses within the L-0 zone. • That the hours of operation shall be limited to 7 &m to 6 -p.m 6 a.m. to 10 p.m. • That one office -type building may be constructed on this site. • That the future office building shall have a maximum size of approximately 21,000 square feet, and be, restricted to a height of 35 feet. • That Staff has reviewed a design review application for the future building on this site. That said future office building shall provide: variations in roof lines and either eaves, a sloped roof, parapets, and / or eorniees; a form of awning over all building entrances; at least 30•/0 of the street -facing facades to contain windows; and at least two different types of siding and accent materials. The structure shall be generally compatible in appearance and bulk with the provisions listed above and the elevations submitted, prepared by Ruby I Edwards: Architecture + Design, dated April 20, 2007, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. • That a 25 -foot wide landscape street buffer will be constructed adjacent to Overland Road, and Locust Grove Road, located entirely outside of the right-of-way. That alternative compliance has been granted for construction of a concrete landing, retaining walls, and two stairways within the required street landscape buffers. And, that said landscape buffers shall be installed prior to receipt of occupancy of the office building. • That a 20 -foot wide land use buffer and 6-f2ot tall, vinyl perimeter fencigg, constructed in accordance with the UDC, will be installed along the south and west property lines; that said land use buffers and fencing shall be installed prior to receipt of occupancy of the office building. Exhibit B page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 u That the Aldiont in�lls either halllanh or 99++a*+t Do." in the so wm == of tho lot amIle1 and h the entrance to p i a That vehicular access to this site shall be restricted to one driveway to Locust Grove Road, as approved by ACHD; no vehicular access to Overland Road is approved. o That the Applicant installs any and all sewer mains, water mains, and/or fire hydrants that are deemed necessary during construction plan review. This may include water connections in both Overland and Locust Grove Roads. o That the Applicant provides easements for all required sewer and water mains that are not located within the right-of-way. o That the Applicant files a floodplain development application with the City of Meridian Public Works Department prior to coaunencemetit of work or improvement within the floodway or floodplain on this property. o That the Applicant pay Public Works development plan review, and construction inspection few, as determined during the plan review process. 1.3 No signs are approved with the subject annexation approval. All business signs will require a separate sign permit in compliance with UDC 11 -31). 1.4 All fiiture construction / uses on this site should comply with the provisions of the Unified Development Code in effect at the time of submittal. 2. PUBLIC WORKS DEPARTMENT 2.1 The Applicant shall comply with all City of Meridian Public Works standards and procedures for development on this property. 3. MERIDIAN ]Fin 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 lions shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. E Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the kFC Section 509.5. h. Show all proposal or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 For all Fire Lanes, provide signage "No Parking Fire Lane." 3.5 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6". 3.6 Operational fire hydrants, temporary or permanent strut signs and access roads with an all weather surface are required before combustible construction a brought on site. 3.7 Building setbacks shall be per the International Building Code for one and two story construction. 3.8 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. 3.9 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 Exhibit B Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.10 Maintain a separation of 5' from the building to the dumpster enclosure. 3.11 Provide a Knox box entry system for the complex prior to occupancy. 3.12 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.13 The Applicant shall work with Planning Iia tment staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.14 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.15 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.16 Provide exterior egress lighting as required by the Ir<teraational Building & Fire Codes. 3.17 There shall be a fire hydrant within 100' of all Fire Department corrections. 3.18 Buildings over 30' in height are required to have access roads in accordance with Appendix D, Section D105. 3.19 The fire department is opposed to any landscape island in the middle of a cul de sac that may prevent afire truck from turning around on the end of the court. 4. MERIDIAN POLICE DEPARTMENT 4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed two feet in height. Trees shall have a canopy of no less than six feet. 4.2 The Meridian Pollee Department has concerns about the limited visibility of the main entrance from a public street. 5. SANITARY SERVICES COMPANY 5.1 Waste enclosure access: The Applicant shall provide drive -an capability for 6 and 8 cubic yard containers. Allow a minimum of 60 ft. frontal clearance for such containers. 5.2 Provide a minimum 28' inside and 48' outside radius for all alleys and private streets, where they intersect a public street. 6. MERIDIAN PARKS DEPARTMENT 6.1 Standard for Mitigation of fees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance PDC 11-3B-10) will be followed. Exhibit B Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ANE 5, 2007 C. Leo Description tOMM"N-ORMN lXG0ft=XG OXOAW PROJECT .NO' 07027 DATF. Mmuiry 15, 2007 PAQE:.I of I.. 9777' GNI►�1'�(7tJitYARD QW323-UN - FAX;WU3.ZM bah -M! F-11RIAftwAll REZONE DEW-,RlPn0N A poldon of the Nwd=stQ=w offtUaftm QuwWof Swfim:I9.Township 3 Notch. Rm.p I Eat. Bow- MoWum, City Of Mand.ma, Ada Camly. 142ho. 4awbd . folloq - tWAWKG rAtho coma =mmtv &wm:17, It 19 and 20. Town*p-3 NWft RlwV E194 Bout iftwimemm "Mob the Quartet ft mw cola>stsart 10 said Soadalfs 19 and 19; bars 8.85"43!43"W., 26+19.17 hW;.%mM &ion the miadylim of Soudan 19 I , &OOP34-25!'.W.. 488.110 h -K- dmim* skmg-lbe nmmbwiy lige of -Lois 56'' aft"tv.; Block 2' Of qpmwm Pointe:Sub&vldoaNl6. .1 sandthir. mady polusWuen ltbawf. .2. N.8M'35**/.. MRS hK- thqW, along lk ejftWy)im.a iWd-$0Qft$"ijn.p0inte SUWV!Sbm No. 5 OW ft Prakwooem-dwoof; 3. N.16,49,3(rv, 605,46 feel* ftMvdmwly lift of said Seedw 19; OWWA Ak* said! n6idwd, .. y lit e, 44 N.8904343"E., 295.91 fid to dw POINT OF BgqpaqM. CONTABVM; 2.49 mms mora or less. R661=0 ie flg* to -EXHMfT "B"— ROW Skeicb PIM WWh is mak 8..PW. of this dooms. THISESCRUMM WAS PWAM ]PROM.WFORKArON C=TAWW W VMMUMENT NO.$ jam= AND lomm. 0!3.� BOMP COEURVAUM - 6AUW8l- Exhllgt C Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 is isle s 7M SWCN VAS PREPARED POW MMMMON CONTAINED IN INSTh NQS 1q*PW ASID iW003 B. IMEND PROPERTY INE �CTION LINE a CALCULATED POINT. .r- Am!!t FEB o 2(97 J1.J 'Of SW43'43*W 2649.170 9 ix 00 row DT ,owithe� Ra4b ss �� ADA COUNIV IYGFI>IfAY DISTRICT INSTRWENT NO. 102093396 -NW4 43'E ( .0 .30 80 120 ISO SCAL. 1'.' D(HIBIT "B" REZONE SKETCH PLAN A PORTION OF THE NE 1/4, PIE 1%4 SECTION 19; TOWNSHIP 3 NORTH, RANGE 1 EAST. B.M. CrTY OF MERIDIAN. ADA COUNTY, IDAHO REZONE ARL► 2.48. ACRES '± 01 r- 4 Y li 4 i se 1 oo n o a N m Tony !>atAN—lDAT N W_ W. sins' a,��es, :M=m m 60u1 - 9DNE, ! ams -;lags �: tae—�z�•-zzr� E -RE f!� 64F {@A3JOy � 61127 Exhibit C Pop 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3, 2007 B. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council sham make a fail investigation and sham, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council sham make the following findings: L The map amendment completes with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to zone all of the subject property to L -O. The 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 for more information. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that professional offices, laboratories, libraries, and medical clinics would be permitted uses within the requested L-0 zone. There are also several uses in the requested L-0 zone that can occur with conditional use permit approval. The Council is concerned that this area may turn into a commercial retail site, and is recommending that the City limit the uses that can operate on the site through a development agreement. The Council finds that future development of this property should comply with the established regulations and purpose statement of the L -O zone. c. The map amendment sham not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff and the Commission recommend City Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-W3.E). The Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, the Council finds that Annexation and Zoning of this property to L-0 would be in the best interest of the City, if the Applicant enters Into Development Agreement (DA) with the City, as mentioned in Section 10 of the Staff Report. 2. Alternative Compliance Findings (LDDC 11 -5B -5E): a. Strict adherence or application of the requirements is not feasible; OR The Council finds that the subject property has topographical / shape restraints. This does, in fact, preclude full compliance with the City's landscaping standards. b. The alternative compliance provides an equal or superior means for meeting the requirements; and Exhibit D Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3, 2007 The Council finds the alternative compliance does provide a superior means for meeting the City's landscaping requirements. The Council finds the conceptual landscape plan incorporates innovative design such as a water feature and will provide visual interest for the traveling public. Additionally, the Council believes the plaza will be an appealing gathering area for firiure employees on-site. Therefore, the Council supports the proposed concept landscape plan, as depicted in Exhibit A. c. The alternative means will not be materially detrimental to the public welfare or impair the intended um and character of the surrounding properties. The Council finds that the proposed alternative will not be detrimental to the public welfare or impair the use / character of the surrounding properties. Exhibit D Pap2 • August 31, 2007 CUP 07-004 MERIDIAN CITY COUNCIL MEETING September 4, 2007 APPLICANT William Kosterman ITEM NO. 5-H REQUEST Findings for Approval — Request for a Conditional Use Permit for the operation of a bar, the Busted Shovel, in the O -T zone for the Busted Shovel — 704 Main Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Findings 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: 3 1162 Phone:FZ?,V9W Emailed: CA-0--64USq. Staff In 'ais: Materials presented at public meetings shall become properly of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER aW6 riATH o �a In the Matter of the Request for Conditional Use Permit approval for a Drinking Establishment Use in an O -T (Old Town) Zone, for The Busted Shovel by William Kosterman. Case No(s). CUP -07-004 For the Planning and Zoning Commission Hearing Date of April 19, 2007 (Findings approved by Planning and Zoning Commission on May 3, 2007) and City Council Hearing Dates of June 26, 2007 and July 17, 2007 on appeal (AP 07-004) (Findings approved by City Council on August 28, 2007). A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 19, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 19, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 19, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 19, 2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -07-004 Page 1 of 4 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 Conditions of Approval in the attached Staff Report for the hearing date of April 19, 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 CUP request is hereby conditionally approved; 2. The use of the property as a bar shall be contained within the walls of the building; the previously approved outdoor cafe use shall no longer be allowed with the proposed bar use. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of April 19, 2007, incorporated by reference. D. Notice of Applicable Time Limits 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -07-004 Page 2 of 4 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. 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 a 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. E. Attached: Staff Report for the hearing date of April 19, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -07-004 Page 3 of 4 By action of the City Council at its regular meeting held on the 4—k day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED_�G COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED__O::I— COUNCIL MEMBER KEITH BIRD VOTED 444---. TIE BREAKER MAYOR TAMMY de WEERD VOTED e\���M'1►R` 9 MY de WEERD ATTEST: , �\\ O�� A14� IL WILLIAM G. BERG, JR., CLEF.K p� Copy served upon: ✓ Applicant ✓ Planning Department _J,-, Public Works Department ✓City Attorney By: y %Dated: _ Ci- lo -cm City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -07-004 Page 4 of 4 CITY OF MERIDIAN PLANNINGIEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 STAFF REPORT Hearing Date: April 19, 2007 TO: Planning & Zoning Commission FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: The Busted Shovel • CUP -07-004 Conditional Use Permit for the operation of a drinking establishment in an O- T zone, by William Kosterman. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, William Kosterman, is requesting Conditional Use Permit (CUP) approval for the operation of a drinking establishment in an existing O -T (Old Town) zone. The site consists of 0.05 acres and is located at 704 Main Street, on the northeast comer of Main Street and E. Broadway Avenue. Per UDC 11-2D-2, drinking establishments require CUP approval in the O -T zone. The Busted Shovel currently operates as a bar and grill, and as such, is classified as a restaurant use with an accessory bar. The previous business (Harry's Bar & Grill) on this site last operated as a restaurant with an accessory bar as well. The Busted Shovel would like to operate as a bar for purposes of smoking laws and is therefore requesting CUP approval for the drinking establishment use. Further, The Busted Shovel does not allow admittance of persons under age 21. 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested CUP application below. Staff recommends approval of CUP -07-004 for The Busted Shovel, as presented in the Staff Report for the hearing date of April 19, 2007, subject to the conditions listed in Exhibit B. The Meridian Planning and Zoning Commission heard this item on April 19 2007 At the public hearing, the Commission moved to approve CUP -07-004 a. Summary of Commission Public Hearing: i. In favor: William Kosterman (Applicant) ii. In opposition: None iii. Commenting: None iv. Written testimony: David Wynkoop and Carole Gabrielson V. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. Parking for the site n. License Agreement with ACRD for chairs and tables within the right-of-way c. Key Commission Changes to Staff Recommendation: i. None ) M.4", 1 I 11111I I I �� ' I �. • 1 11 I I I I 1 I I 1 11 I: ) r ' I I I : r l Busted Shovel — CUP -07-004 Page 1 of 19 CITY OF MERIDIAN PLANNINIEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP -07- 004, as presented in the staff report for the hearing date of April 19, 2007, with the following modifications to the conditions of approval: (add any proposed modifications). I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on March 3, 2007. Denial After considering all Staff, Applicant, and public testimony, I move deny File Number CUP -07-004, as presented during the hearing on April 19, 2007, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on May 3, 2007. Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP - 07 -004 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 704 Main Street Section 7, T3N, R1E b. Owner: M & L Limited Partnership 483 W Oakhampton Drive Meridian, ID 83646 c. Applicant / Contact: William Kosterman Busted Shovel — CUP -07-004 Page 2 of 19 CITY OF MERIDIAN PLANNINREPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 3048 Cobble Way Meridian, ID 83642 d. Present Zoning: O -T (Old town) e. Present Comprehensive Plan Designation: Old Town f. Description of Applicant's Request: The Applicant is requesting Conditional Use Permit (CUP) approval to allow the business, "The Busted Shovel Bar and Grill," to operate as a bar for the purposes of smoking laws. 5. PROCESS FACTS a. The subject application will, in fact, constitute a conditional use as determined by City Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11 -5A -2D, a public hearing is required before the Planning and Zoning Commission on this matter. b. Newspaper notifications published on: April 2, 2007 and April 16, 2007 c. Radius notices mailed to properties within 300 feet on: March 23, 2007 d. Applicant posted notice on site by: April 7, 2007 6. LAND USE a. Existing Land Use(s): Bar and grill b. Description of Character of Surrounding Area: The surrounding area is all zoned O -T (Old Town) and mainly consists of small retail and service oriented uses. c. Adjacent Land Use and Zoning 1. North: Commercial business, zoned O -T 2. East: Frontier Club (bar), zoned O -T 3. South: Vacant Lumberman's site, zoned O -T 4. West: City offices, zoned O -T d. History of Previous Actions: The previous business, Harry's Bar & Grill, received CUP approval in 1995 for a sidewalk cafe consisting of 5 small tables and 10 chairs as an extension of the existing use, between the hours of 10 a.m. and 10 p.m. No other Planning Department approvals were found. Harry's Bar & Grill received yearly renewals of their liquor licenses. Those State liquor licenses indicate a "restaurant certificate" as "yes" when the State deems the owner as being a restaurant with an accessory bar. The last five years of liquor licenses show the following (see Exhibit A): January 2002 to April 2002: restaurant: May 2002 to April 2003: restaurant; May 2003 to April 2004: restaurant; May 2004 to April 2005: bar; and May 2005 to April 2006: bar. Harry's Bar and Grill did not inform the City in 2005 that they had switched their liquor license to remove the restaurant certificate. Furthermore they did not receive conditional use approval to change the use to a drinking establishment as was required. Busted Shovel — CUP -07-004 Page 3 of 19 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 When the Busted Shovel acquired the former Harry's Bar & Grill, Planning Department staff informed the new owners that we were not aware of any past approvals that allowed the establishment to operate as a drinking establishment (see attached zoning verification letter in Exhibit A). The liquor license approval by the Director Anna Canning states, "approved as restaurant use," dated May 8, 2006. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Existing building already serviced. Location of water: Existing building already serviced. Issues or concerns: None 2. Vegetation: N/A 3. Floodplain: N/A 4. Canals/Ditches Irrigation: N/A 5. Hazards: N/A 6. Existing Zoning: O -T (Old Town) 7. Lot Size: 0.05 of an acre f. Conditional Use Information: 1. Non-residential square footage: 2,400 square feet 2. Hours of Operation: 11:00 a.m. to 2:00 a.m. daily g. Off -Street Parking: 1. Parking spaces required: 5 2. Parking spaces provided: 0 (5 on -street parking stalls are provided in front of the building on Main Street and on the south side of the building on Broadway Avenue) 3. Compact spaces proposed: None h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this site is provided from E. Broadway Avenue and Main Street. No new access points or streets are proposed or approved with this application. 7. COMMENTS MEETING On March 30, 2007, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present included: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions, and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Old Town." Per Chapter VII of the Comprehensive Plan, the Old Town land use category "includes the historic downtown and the true community center. Uses in this category would include offices, retail, and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses could include reuse of existing buildings for residential uses, new construction of multi -family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historical Busted Shovel — CUP -07-004 Page 4 of 19 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 character, specific design requirements may be imposed. Pedestrian amenities would be emphasized. Public investment to ensure that Old Town becomes a centralized activity center with public, cultural, and recreational structures would be encouraged. The boundary of the Old Town district predominantly follows Meridian's historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings." Staff finds that the request generally conforms to the stated purpose and intent of the Old Town designation within the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Support compatible uses which will attract a high daytime and nighttime population to the downtown area. (Chapter V, Goal II, Objective A, Action 3) Staff believes that the proposed use of the property as a bar (drinking establishment) and grill, will attract people to the downtown area during the daytime and nighttime hours, which could also potentially attract customers to other neighborhing businesses. Further, Staff believes that because the business, and previous business, has operated at this site as a bar and grill for quite some time, and because the property is adjacent to another drinking establishment on the east, the proposed use should be compatible with those in the general area. • Encourage compatible uses to minimize conflicts and maximize use of land. (Chapter VII, Goal IV) Staff believes that the proposed use should be compatible with existing uses in the area per the reasons stated above. Staff believes that the proposed use is consistent with the Comprehensive Plan and is compatible with the surrounding uses. 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 request is appropriate for this property. 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11-2D-2 lists the permitted, accessory, and conditional uses in the O -T zoning district. Drinking establishments are a conditional use in the O -T zone with the Specific Use Standards listed in UDC 11-4-3-10 (see Section 10, Analysis, for specific use standards). b. Purpose Statement of Zone: The purpose of the Old Town district is to accommodate and encourage further intensification of the historical city center in accord with the Meridian Comprehensive Plan. The intent of the O -T District is to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi -public, cultural, financial and recreational center of the City. Public and quasi -public uses integrated with general business, and medium-high to high-density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban city center. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the proposed CUP request as presented in the staff report, with the following comments: CUP: Per UDC 11-2D-2, a "drinking establishment" requires conditional use permit approval in the O -T zone. Harry's Bar and Grill, operated primarily as a restaurant use. The current business, The Busted Shovel, was approved as a restaurant use. The Busted Shovel would like to change the current restaurant use to a bar (drinking establishment) use for the purposes of allowing smoking within the establishment. Smoking is prohibited within restaurants per Idaho State law. Busted Shovel — CUP -07-004 Page 5 of 19 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 Further, the business does not allow anyone under the age of 21 to enter the establishment. The applicant did not submit a site/landscape plan or elevations with this application as the site is not changing, only the use. However, the applicant will be required to submit a site/landscape plan and elevations or photos with the CZC application. Specific Use Standards for Drinldng Establishments per UDC 114-3-10: A. The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages. The applicant should comply with this standard. B. The drinking establishment shall not be located within three hundred feet (300') of a property used for a church or education service. Nor shall the drinking establishment be located within one thousand feet (1,000') of an adult entertainment establishment. Staff is unaware of any church or education service within 300' of this property, or adult entertainment establishment within 1, 000' of this property. C. For properties abutting a residential district, no outside activity or event shall be allowed on the site, except in accord with Chapter 3 Article E TEMPORARY USE REQUIREMENTS of this Title. This property does not abut a residential district. Access: Access to the site is provided from Main Street and E. Broadway Avenue. Parldng: Because this site is located in Old Town, and because the existing building encompasses ahnost all of the property, off-street parking is not feasible on this site and is not provided. However, the applicant does state that the business has a verbal agreement with the property owner to the east for off-street parking, which includes a handicap accessible stall. Further, the applicant states that there are five parking spaces located in front of the building along Main Street and on the south side of the building along Broadway Avenue that the business uses for parking. Because off-street parking is required per UDC 11 -3C -6B, Staff is requesting that the applicant request Alternative Compliance to the afore -mentioned section of the UDC along with the CZC for the new use of this site. Hours of Operation: The hours of operation for the proposed use as stated in the application are from 11 a.m. to 2 a.m. daily. Elevations: Elevations of the existing building were not submitted with this application as no changes to the exterior of the building are proposed with this application. Any exterior modifications shall be subject to administrative design review in accord with the "Downtown Meridian Design Guidelines." Previous CUP for the outdoor caft: The previous CUP approved for Harry's Bar & Grill on this site in 1995 for an outdoor caf6, required that the applicant enter into a License Agreement with ACHD for the use of the public right-of-way for commercial activities. The owners of Harry's did so, however, they terminated the agreement in May 2006. The applicant should contact ACHD for a transfer of the License Agreement to The Busted Shovel, or obtain a new License Agreement, in order for the previous CUP to remain valid. A copy of this agreement should be submitted with the CZC for the new use of the site. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-5134A). To ensure that all of the conditions of approval listed in Exhibit B are complied with, the Applicant will be required to obtain CZC approval from the Planning Department prior to establishment of the new use. All improvements must be installed prior to occupancy. Busted Shovel — CUP -07-004 Page 6 of 19 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINGDATE OF APRIL 19, 2007 b. Staff Recommendation: Staff recommends approval of CUP -07-004 for the requested drinking establishment use in the O -T zone for The Busted Shovel, as presented in the Staff Report for the hearing date of April 19, 2007, based on the Findings of Fact as listed in Exhibit C and subject to the conditions of approval listed in Exhibit B. The Meridian Planning and Zoning Commission heard this item on April 19 2007 At the Public hearine the Commission moved to approve CUP -07-004. 11. EDITS A. Drawings & Associated Documents 1. Vicinity Map 2. Copy of the Zoning Verification Letter Requested by the Applicant on 4/3/06 3. Copy of the Zoning Verification Letter Issued by the Planning Department on 4/7/06 4. Copy of Retail Alcohol Beverage License (valid 1/1/02 thru 4/30/02) 5. Copy of Retail Alcohol Beverage License (valid 5/1/02 thru 4/30/03) 6. Copy of Retail Alcohol Beverage License (valid 5/1/03 thru 4/30/04) 7. Copy of Retail Alcohol Beverage License (valid 5/1/04 thru 4/30/05) 8. Copy of Retail Alcohol Beverage License (valid 5/1/05 thru 4/30/06) 9. Copy of the Beer & Liquor License Application Approved by the Planning Director for Restaurant Use on May 8, 2006 10. Copy of Beer & Liquor by the Drink License Issued by the City of Meridian (valid May 9, 2006 thru April 30, 2007) 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 C. Required Findings from UDC Busted Shovel — CUP -07-004 Page 7 of 19 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19 2007 A. Drawings & Associated Documents 1. Vicinity Map I Site I kv :Ell E1:11 0 TE Exhibit A Page 1 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 2. Copy of the Zoning Verification Letter Requested by the Applicant on April 3, 2006 April 3, 2006 p7qj I am in need of a ZonhV Vedficafion leer regarding 704 N. Main SL, Meridiem I am purchasb* the budding as well as the Hqwr license currently being used in the building. Alcohol &vuRV Control needs this letter to fiuther procem my fiqwr licerme appiwafim 1141-1y KyMsq- W Sincerel A William fe.A2stennan 3048 Cobble Way Meddian, Idaho $3642 72"344 k A')U L ILS, V k -j Exhibit A Page I 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING0 DATE OF APRIL 19, 2007 3. Copy of the Zoning Verification Letter Issued by the Planning Department on April 7, 2006 RnIUM"Fu =—.3r. CnYTXTARTmwhis Fire .40 L Franklin Kwd wwxu / faX895-090 Pap,len & Re turn I I K Dower Streit 03-3579 1 tax MWAS) pianning & zMMj; 6w E watarlower ljnl� ".vire 112 8 "� - vw Police 1401 F. Watertmer Luw NS -6678 / W 80-73W 11"blic6lvork* W E Watedower Lane suiL-200 AWWO? fax W5-9%51 660 E. Watenower Lane Suite 159 59- 2211 / fax 8V -1247 Wwwwater Wl V Ton Mile Road WS -2191 j tax SM -0744 water M5 N. It ft slwm SS*i242 / fjx *44-1 VW April 7, 2006 Mr. Willim" RL Koslerman 30# Cobble Woy ,Mwidian, Idaho 83642 REQ Zoning Verification Lou for the property Located at 704 K Uiin Street Dear W. Kwlmm. in Faponw to ywr repw far zoning verilication for the pro" located at 704 X Main Street, phmsu note the follaiwing: The subject property is ca nwdy zoned 0-T (Old Towv District). The proposed remunult use on the propaq is lined as a principally permitted use m the 0-T z= in the City of Mwidian's U"ified Dovulopment Code (IJDC), Table 11-2D-1 A restaurant is defteil in UDC 11 -IA -1 awThe ust ora site far the primwy purpose of fwd prqa man. having kitchen and cod -mg fadlities, and nhm Mob are regularly served to the public for con"nsation," It alw de fim a reftuaw as, "Establishments with a beep and wine lits m that mad the &-Gnkwn of mtaupm as set " in Idaho AdwAniaradve Code I I.Q5.01.010.04. including but M hn*W to brew pubs and wine bam" The salelcousumption ofalwhokc beveMes is allowed on the premises bin only as a swonday uw to the nmwmt. A drinUng t-Aablklunent would require a conditional use parnit in the O=1' zone. If you should have any fiuther queWom regarding this matter, plem don't hesitate to call. elk-, 6,Borchea Canino& AICP Planning Diuccior CIlY HALI, 33 FAST IDA110 AVIVIWE MER101W IDAHO &4M2 (-_").q8"33 CM'J'tMK mv"LN�cr & TUMM Elff LNC. - rj%,X ),A7-PR3 Exhibit A Page 1 00 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19 2007 4. Copy of the Retail Alcohol Beverage License Issued by the State of Idaho (valid 1/1/02 thru 4/30/02) showing "Yes" on Restaurant Use F 5. Copy of the Retail Alcohol Beverage License Issued by the State of Idaho (valid 5/1/02 thru 4/30/03 showing "Yes" on Restaurant Use a x S+ tit ,... 9-✓°�:', 117 1111A, {tea( RETAIL ALCOHOL BEVEFAGE LICENSE Na. 0836 JDAHO STATE POLICE THIS 1S TO CER T FY„ That HARRY'S BAR & GRILL INC , DBA: HARRY'S BAR & GRILL PREM -NO: iA 314 INCORPORATED CITY. s licensed to >eli alcohol Leverages as siated below HARRY'S BAR & GRILL INC 704 E IST STREET HARRY'S BAR & GRILL3 1704 E ST STREET = MERIDIAN IDAHO ADA ;MERID ID 83642 ., Mas Amgmss Restaurant EEsr 2VAUDTOl/2992-04/30/2003 g _fit@.00 KEg Beer $ 0� Wine By The Drink S _ -an Wine Ey The Ernie c JN Liquor By Tne Drink $ 340.001 FEE 800 0A Exhibit A Page 1 CITY OF MERIDIAN PLANNINDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19 2007 6. Copy of the Retail Alcohol Beverage License Issued by the State of Idaho (valid 5/1/03 thru 4/30/04 showing "Yes" on Restaurant Use w Zi�ftatie a Premise Number. 1A-314 Retail Alcohol Beverage License No. 2004-1090 This is to certify, that HARRY S BAR AND GRILL INC doing business as: HARRY'S BAR & GRILL is licensed to sell alcoholic beverages as stated below at: 704 E 1 ST STREET, MERIDIAN, ADA COUNTY Acceptance ofa license by a retailer shall constUufe ka0whage ofand agreement to operate by and in accordance to the Alcohol Beverage Code. 71de 23. Only the licensee herein natwdot the iaeadon havin spedfiied shall use this license. N Y ucu..b.o.v ems. On Premise Consumption: Ysd, Restaurant Yes HARRYS RAND GRILL INC Beer. 50.00 HARRY S BAR & GRILL Keg Beer. 0.00 704 E 1 ST STREET Wine by the Drink: 0.00 Wine by the Bottle: .0,00 MERIDIAN ID 83842 Liquor by the Drink: M.00 TOTAL FEE: 800.E MAN= Address License Valid: 05/01/2003 - 4/3012004 Expires: 4/30/2004 7. Copy of the Retail Alcohol Beverage License Issued by the State of Idaho (valid 5/1/04 thru 4/30/05 showing "No" on Restaurant Use v tte Police' Premise Number. 1A-314 Retail Alcohol Beverage License No. 2005-1144 This U to certify, that HARRYS BAR AND GRILL INC - doing business as: HARRY S BAR & GRILL is licensed to sell alcoholic beverages as stated below at; 704 N MAIN STREET, MERIDIAN, ADA COUNTY ® Acceptance of a license by a retailer shall constttare knowledge ofand agr to operate by and in accordance c to the Alcohol Beverage Code. 71de 23. Only the licensee herein named the l n herein spec$ed shall use this license m om,..ucua2eo.anm�o. o On Prendse Consumption: Yes Restaurant HARRY S 1 AND GRILL INC °J Beer. 50.00 HARRY S BAR & GRILL Keg Beer QM 704 N MAIN STREET Wine by the Drink: 0.00 M Wine by the Botta: 9.04 MERIDIAN ID 83842 Liquor by the Drink: 750.00 TOTAL FEE: 800.00 14et7ing Address m' d License Valid: 05/01/2004 - 4/30/2005 y_ Expires: 4/30/2005 Exhibit A Page 1 CITY OF MERIDIAN PLANNING PARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19 2007 8. Copy of the Retail Alcohol Beverage License Issued by the State of Idaho (valid 5/1/05 thru 4/30/06 showing "No" on Restaurant Use maw Idaho tate Police Prernise Number: 1A-314 Retail Alcohol Beverage License No. 2006-1235 inmrMaw City This is to certify, that HARRY S BAR AND GRILL INC doing business as. HARRY S BAR & GRILL is licensed to sell alcoholic beverages as stated below at. 704 N MAIN STREET, MERIDIAN, ADA COUNTY Acceptance of license by a retailer shall constitute hiowledgeof agreement to operate by and in accordance to the Alcohol Beverage Code, Tittle 23. Only the licensee herein the loca ion herein specified shall use this license. / ^ a ( � On Premise Consumption: As Restaurant No Beer. 50.00 Keg Beer. 0_00 Wine by the Drink: 0.00 Wine by the Bottle: 0.00 Liquor by the Drink: 750.00 TOTAL FEE: 800.00 HARRY'S BAR AND GRILL INC HARRY'S BAR & GRILL 704 N MAIN STREET MERIDIAN ID 83642 Address License Valid: 05/01/2005 - 4/3012006 Expires: 4/30/2006 Exhibit A Page 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 9. Copy of the Beer & Liquor License Application Approved by the Planning Director for Restaurant Use on May 8, 2006 REMWD NEW BEER & LIQUOR LICENSE APPLICATION MAY - 9 2W6 INTERNAL APPROVAL CHECKLIST CtitY °fes City Oink Office For Internal - Office Use Only: Applicant: William R. Kosterman Business Name: The Busted Shovel Location: 704 N. Main Street Application / File Fee: B - 200 L — $562.50 Receipt No. 7935 Economic Development: Economic Development Approval: Signature Police Deaartment: Date Police Chief Approval: Signature Date Fire Department: Fire Chief Approval: Signature Data Planning & Zoning Department, P & Z Administrator Approval: Sign0ture Date 0-f elf— Public Works Department: Public Works Director Approval: Signature Date PLEASE RETURN THIS SHEET ONLY WITH THE APPROPRIATE SIGNATURE. THANK YOU. ****City Council approval scheduled for May 9, 2006*** Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19 2007 10. Copy of Beer & Liquor by the Drink License Issued by the City of Meridian (valid May 9, 2006 thru April 30, 2007) Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The Applicant shall comply with the -1 eo itien Of:aPPfOvOl Of the PMvieus GLT d W95 all other conditions of approval for this site. The ^en"iens of approval k ---w- the GUP approved :n 1995 follows: Y.an •� _ ME - - - Y. _ 1.2 Provide a minimum 1 -bicycle parking rack on the site in compliance with the standards listed in UDC 11 -3C -5C. 1.3 The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages. obtain a ene., a GHp for- the - of t - ,_, • fight - of - 4 The rr t't' J �� t &--- . va4id. A eepy of the signed hieense Agreement slh4l be submWed with the GZG for - now use of the site 1.5 Exterior modifications of the building shall be subject to administrative design review in accord with the "Downtown Meridian Design Guidelines." Exhibit B Page 1 •� _ ME - 1.2 Provide a minimum 1 -bicycle parking rack on the site in compliance with the standards listed in UDC 11 -3C -5C. 1.3 The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages. obtain a ene., a GHp for- the - of t - ,_, • fight - of - 4 The rr t't' J �� t &--- . va4id. A eepy of the signed hieense Agreement slh4l be submWed with the GZG for - now use of the site 1.5 Exterior modifications of the building shall be subject to administrative design review in accord with the "Downtown Meridian Design Guidelines." Exhibit B Page 1 CITY OF MERIDIAN PLANNINDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19 2007 1.6 To ensure that all of the conditions of approval for CUP -07-004 are complied with, the Applicant shall be required to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department prior to commencement of the new use. 1.7 The applicant shall submit an application for Alternative Compliance to UDC 11 -3C -6B, off- street parking requirements, along with the Certificate of Zoning Compliance (CZC) application required for the new use of the site. 1.8 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.9 No new signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance. 1.10 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the business has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. 3. FIRE DEPARTMENT 3.1 The proposed project has no fire department concerns. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. POLICE DEPARTMENT 4.1 The Police Department did not submit comments on this application. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICES COMPANY 6.1 Sanitary Services Company did not submit comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 ACHD did not submit comments on this application. Exhibit B Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19 200 7 C. Required Conditional Use Permit Findings from UDC The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. 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 Commission finds that the existing site is large enough to accommodate the proposed use and meets all current regulations of the O -T zoning district; except for the off-street parking requirements (see Section 10, Analysis, for more information) Off-street parking is required at the ratio of one space per 500 square feet of gross floor area in traditional neighborhood districts (UDC 11-3C-6). Five off-street parking stalls are required for this site. The applicant is unable to comply with this requirement; however, the applicant states that 5 stalls are currently provided adjacent to this site along Main Street and E. Broadway Avenue. Staff recommends the Commission rely on Staff s analysis and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the Comprehensive Plan Future Land Use Map designation for this property is Old Town. The property is currently zoned O -T, which complies this designation. The proposed use is generally harmonious with the requirements of the UDC (See Sections 8 and 10 above for more information regarding the requirements for this use). 3. 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 Commission finds that, if the Applicant complies with the conditions outlined in this report, the operation of the proposed use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. Further, Staff believes that the proposed use will not adversely change the essential character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that, if the Applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. 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 Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. Because the business is currently served by the above- mentioned public facilities and services, the Commission finds that the proposed use will continue to be served adequately by those facilities and services previously mentioned. Exhibit C Page 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 6. 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. If approved, the Applicant will be financing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. Staff recognizes that traffic and noise is a concern; however, Staff does not believe that the amount generated by the proposed new use of the property will be detrimental to any persons, property, or the general welfare of the public. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. 8. 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 Commission finds that there should not be any health, safety or environmental problems associated with the proposed use. The Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. Exhibit C Page 2 • August 31, 2007 AP 07-004 MERIDIAN CITY COUNCIL MEETING September 4, 2007 APPLICANT Sherer & Wynkoop, LLC ITEM NO. 5-1 REQUEST Findings for Denial — Request for City Council Review of an Appeal of approved CUP 07-004 to allow the operation of a drinking establishment in an O -T zone for the Busted Shovel — 704 Main Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Findings CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. E BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR CITY COUNCIL REVIEW OF AN APPEAL OF APPROVED CUP 07-004 TO ALLOW A DRINKING ESTABLISHMENT IN AN O -T ZONE FOR BUSTED SHOVEL by Sherer & Wynkoop APPLICANT CIC 07/17/07 Case No. AP 07-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL The above entitled appeal having come on for public hearing on July 17, 2007, at the hour of 7:00 o'clock p.m. at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho. Anna Canning, City Planning and Zoning Director for the Planning and Zoning Department, and Stephen T. Sherer of Sherer & Wynkoop, LLP, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore make the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT The notice of public hearing on the application for appeal was published for two (2) consecutive weeks prior to said public hearings scheduled for July 17, 2007, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF THE APPEAL OF THE BUSTED SHOVEL CUP 07-004; CASE NO. AP -07-004 PAGE 1 OF 4 0 . to said hearings and with the notice of public hearings having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council on July 17, 2007, public hearing; and the applicant, affected property owners, and government subdivisions provided services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6511, and §11-5A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. Idaho. 4. The property is located at 704 N. Main Street, Meridian, Ada County, 5. Stephen T. Sherer of Sherer & Wynkoop, LLP, whose address is 730 N. Main Street, Meridian, Idaho 83642, is the applicant. 6. The Applicant requests an appeal of the Planning & Zoning Commission's approval of CUP 07-004 to allow for the operation of a drinking establishment in an O -T zone for the Busted Shovel. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF THE APPEAL OF THE BUSTED SHOVEL CUP 07-004; CASE NO. AP -07-004 PAGE 2 OF 4 • 0 CONCLUSIONS OF LAW 1. The City of Meridian has discretionary authority to review and approve or deny the Conditional Use Permit within a development as provided by the Municipal Code of the City of Meridian, Uniform Development Code, Section 11. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order: That the Planning & Zoning Commission's decision regarding approval of CUP 07-004 on April 19, 2007 to allow for the operation of a drinking establishment in an O -T zone for the Busted Shovel is upheld. However, an amendment was made to the Commission's decision from the April 19, 2007 hearing as follows: The use of the property as a bar shall be contained within the walls of the building; the previously approved outdoor cafe use shall no longer be allowed with the proposed bar use. By action of the City Council at its regular meeting held on the day of August, 2007. ROLL CALL: COUNCILMAN KEITH BIRD VOTED COUNCILMAN JOE BORTON VOTED COUNCILMAN CHARLIE ROUNTREE VOTED _4� COUNCILMAN DAVID ZAREMBA VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF THE APPEAL OF THE BUSTED SHOVEL CUP 07-004; CASE NO. AP -07-004 PAGE 3 OF 4 0 0 DATED: q— ¢ r® MOTION: APPROVED:_ DISAPPROVED: ATTEST: :�\`\ �✓� � ossa% CITY CLERK e s� Copy served upon Applicant, the PlannirPg,Ii`artment, Public Works Department, and City Attorney. "°®1°tI °`�'% By:�--iDated: 9 City Clerk's Office FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF THE APPEAL OF THE BUSTED SHOVEL CUP 07-004; CASE NO. AP -07-004 PAGE 4 OF 4 August 31, 2007 MERIDIAN CITY COUNCIL MEETING • MI 07-006 September 4, 2007 APPLICANT Josh Wheeler ITEM NO. 5-1 REQUEST Addendum to Development Agreement — Request for a Miscellaneous Application to amend the DA for Market Square to remove the requirement for CUP approval for site plan review for structures over 50,000sf for Golds Gym — 3570 N. Eagle AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached DA CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MT119 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: O� `� Contacted:;i�& Date: b Q% Phone: 7�� Emailed: dc1 aff Int ials: Materials presented at bllc meetings shall become property of the City of Meridian. • rwe' RIG HTO LETTER OF TRANSMITTAL To: Tara Green From: Company: Meridian City Hall Date: 33 E. Idaho Ave. Project: Meridian, ID 83642 ENCLOSURES INCLUDE: r Plans F' Specifications r Copy of Letter r Samples 40 Transmittal Via: F Courier F Fed Ex F-0 US Mail r UPS r Hand Delivery r Pick Up Michael Marcheschi August 28, 2007 Smitchger Subdivision FF, Other r Subn*tal Data r r Change Order r Copies Description 1 Addendum to the Development Agreement TRANSMITTED FOR: F-7 Acceptance r Your Use r As Requested r For Bid r Other r For Construction r F, For Correction r NOTES: The enclosed addendum is submitted for approval and signature by the Mayor. Please notify me when it is placed on the agenda mmarcheschigbri htoncorp com or 287-0345.. -r-�-"CEIVED Mri A,Uc 2e 2007 City Of Meridian 12601 W. Explorer Drive, Suite 200, Boise, ID 83713 City Clerk Offs" Phone: (208) 378-4000 Fax: (208) 377-8962 • ADA COUNTY RECORDER J.NAVARRO AMOUNT .00 64 BOISE IDAHO 09110107 12:230 DEPUTY Ick! Allen RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IN III III Gift' of Meridian 107126901 ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Brighton Properties LLC, Owner/Developer This Addendum to the Development Agreement ("Addendum") is made and entered into this a7 day of u , 2007, by and between CITY OF MERIDIAN, a municipal corporatio of the State of Idaho, hereinafter called "CITY', and Brighton Properties LLC, whose address is 12601 West Explorer Drive, Suite 200, Boise, Idaho 83704, hereinafter called "OWNER/DEVELOPER". RECITALS A. CITY and OWNER/DEVELOPER entered into that certain DEVELOPMENT AGREEMENT that was approved on July 13, 2004 and recorded on August 20, 2004 (Instrument # 104107404) ("Development Agreement") on the land described in Exhibit A ("Property"). B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement in accordance with the terms in this Addendum, which terms have been approved by the Meridian Planning and Zoning Commission and the Meridian City Council in accordance with Idaho Code Section 67-651 IA. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER / DEVELOPER shall be bound by the terms of the Development Agreement, except with regard to Section 6, "CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY" of the Development Agreement, which is hereby amended as follows: 6B -3C.3 (on page 7 of 28 of the Development Agreement) shall read as follows: "All future structures on Lot 10 of Smitchger Subdivision excluding Gold's Gym building, shall obtain Design Review approval and comply with the standards listed in UDC 11 -3A -19C asfollows: Architectural Character. - a. Facades: Facades visible from a public street shall incorporate modulations in the fafade, roof line recesses and projections ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-005 GOLD'S GYM) PAGE I OF 5 b. along a minimum of twenty percent (20%) of the length of the favade. c. Primary public entrance(s): The primary building entrance(s) shall be clearly defined by the architectural design of the building. Windows, awnings, or arcades shall total a minimum of thirty percent (30%) of the fafade length facing a public street. d. Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs, c) two (2) or more roof planes; d) varying parapet heights; and e) cornices e. Pattern variations: At least two (2) changes in one (1) or a combination of the following shall be incorporated into the building design: color, texture and materials f Mechanical equipment- All ground -level and roof op mechanical equipment shall be screened to the height of the unit as viewed from the property line. 2. Color and materials: Exterior building walls shall demonstrate the appearance of high-quality materials of stone, brick wood or other native materials Acceptable materials include tinted or textured masonry block textured architectural coated concrete panels, tinted or masonry block or stucco or stucco -like synthetic materials. Smooth faced concrete block tilt -up concrete panels orprefabricated steel panels are prohibited except as accent materials. 2. This Addendum shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including CITY's corporate authorities and their successors in office. This Addendum shall be binding on the OWNER/DEVELOPER of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent the sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions herein and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. CITY agrees, upon written request of OWNER/DEVELOPER, to execute appropriate and recordable evidence of termination of this Addendum if CITY, in its sole and reasonable discretion, determines that OWNER/DEVELOPER has fully performed its obligations under this Addendum. 3. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 4. This Addendum sets forth all promises, inducements, agreements, conditions, and understandings between OWNER/DEVELOPER and CITY relative to the subject matter herein, and there are no promises, agreements, conditions or under -standings, either oral or written, express or implied, between OWNER/ DEVELOPER and CITY, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-005 GOLD'S GYM) PAGE 2 OF 5 E and pursuant, with respect to CITY, to a duly adopted ordinance or resolution of CITY. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the CITY in accordance Idaho Code Section 67-6511A. 5. This Addendum shall be effective as of the date herein above written. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: BRIGHTON PROPERTIES LLC BY: B•Wr r CITY OF MERIDIAN BY: Mayor TamndddWeerd f-4 DT Attest. SAL - William G. Aerg, Jr., Ci CI 4- y , ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-005 GOLD'S GYM) PAGE 3 OF 5 0 STATE OF IDAHO } . ss: County of Ada, ) is On this Zy of _tii 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared � C . -5� known or identified to me to be the of Brighton Properties LLC and acknowledged to me that he executed the same on behalf of said limited liability corporation. IN WITNESS WHEREOF, I have hereunto set my ham and affixed my official seal the day and year in this certificate first above written. STATE OF IDAHO ) ss County of Ada ) No)ky Pu ie for R siding at: C 4 My Commission I On this day of m_, 2007, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. *...,.u. (SEAL) •'��:--,�'�;•• 04' ,1G ; - • #46 •7ir�i��• Ro-fary Public for Idaho Residing at: 0[± t d> ir 1 l. ID Commission expires: lU-1 l -I I ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-005 GOLD'S GYM) PAGE 4 OF 5 • EXHIBIT A LEGAL DESCRIPTION OF PROPERTY A parcel of land being the SW 1/4 SW'/4 of Section 33, Township 4 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the SW corner of said Section 33, said comer monumented with a V2 -inch diameter iron pin; Thence N. 0°30'25" E., a distance of 1327.14 feet along the westerly boundary of said SW 1/4 SW'/4 to the NW comer of said SW 1/4 SW 1/a (S 1/16 corner common to Sections 32 and 33); Thence S. 89047'55" E., a distance of 1329.19 feet along the northerly boundary of said SW 1/4 SW 1/4 to the NE corner of said SW 1/4 SW 1/4 (SW 1/16 comer), said corner monumented with a 5/8 -inch diameter iron pin; Thence S. 0029'08" W., a distance of 1326.66 feet along the easterly boundary of said SW 1/4 SW 1/4 to the SE corner of said SW 1/4 SW/4(W 1/16 corner common to Sections 4 and 33); Thence N. 89049'08" W., a distance of 1329.70 feet along the southerly boundary of said SW 1/4 SW 1/4 to the POINT OF BEGINNING. This parcel contains 40.49 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. All according to Record of Survey No. 3769, recorded as Instr. No. 97008745 in the Office of the Ada. County Recorder. This information contained in this legal description was derived from the data of record as shown on "Record of Survey No. 3769, Instr. No. 97008745", and is not based on an actual field survey. ADDENDUM TO DEVELOPMENT AGREEMENT (M107-005 GOLD'S GYM) PAGE 5 OF 5 •. . 0 EXHWIT A A parcel of land being the SW y4 SW'/4 of Section 33, Township 4 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the SW corner of said Section 33, said corner monumented with a Mr -inch diameter iron pin; Thence N. 0°30'25" E., a distance of 1327.14 feet along the westerly boundary of said SW V, SW % to the NW corner of add SW V4 SW %4 (S 1/16 corner common to Sections 32 and 33); Thence S. 89°47'55" E., a distance of 1329.19 feet along the northerly boundary of said SW V4 SW %4 to the NE corner of said SW % SW V4 (SW 1/16 corner), said comer monumented with a 5/8 -inch diameter iron pin; Thence S. 0°29'08" W., a distance of 1326.66 feet along the easterly boundary of said SW V4 SW'/ to the SE corner of said SW % SW V4 (W 1/16 comer common to Sections 4 and 33); Thence N. 8949'08" W., a distance of 1329.70 feet along the southerly boundary Of said SW V4 SW 1/4 to the POINT OF BEGINNING. This parcel contains 40.49 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. All according to Record of Survey No. 3769, recorded'as Instr. No. 97008745 iri the Office of the Ada County Recorder: This information contained in this Ind description was derived from the data of record as shown on "Record of Survey No. 3769, Instr. No. 97008745", and is not based on an actual field survey. 0 0 0 AOA 8001Y 111010111 J. DAVID UVARN a IM lum am @1:5111 OUR imam o ANUN1 .00 M0 107408400 DEVELOPMRNT AGREEMENT PARTIES: 1. City of Meridien 2. Cavan, Inc., Owner 3. Ustick Marketplace, LLC/Developer Revised 07-08-04 DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of v'r�- 2004, by and between CITY OF MERIDIAN, a municipal corporation of th6 State of Idaho, hereafter called "Cfl Y', and CAVEN, INC., whose address is 6874 Fairview Avenue, Boise, Idaho, hereinafter called "OWNER", and USTICK MARKETPLACE, LLC, whose address is 12601 W. Explorer Dr. Suite 200, Boise, Idaho, hereinafter called "DEVELOPER". 1. RECITALS: 1.1 WHEREAS, "OWNER is the sole owner, in law and/or equity, of certain tract of land in the County of Ade, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the `Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Owner" and "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or rezoning of land; and 1.4 WHEREAS, "Owner" and "Developer" has submitted an application for annexation and zoning of the. "Property's" described in Exhibit A. and has requested a designation of (C -G) General Retail and Service Commercial District, (Municipal Code of the City of Meridian), and 1.5 WHEREAS, "Owner" and "Developer" made representations at the public hearings both before the Meridian Planning & Zoning DEVELOPMENT AGREEMENT (AZ -04-009) PAGE 1 OF 28 0 • Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" heli before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 11 -day of 2004, has approved certain Findings of Fact and ConclusioWof Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in M, hereinafter referred to as (the "Findings'); and 1.8 WHEREAS, the Findings require the "Owner" and "Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER" and "DEVELOPER" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner" and -Developer- to enter into a development agreemcnt for the purpose of ming that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proccedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the amended Comprehensive,Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. DEVELOPMENT AORE BMT (AZ -04-009) PAGE 2 OF 20 • i NOW, THEREFORE, in consideration of the covenants. and conditions .set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": memos and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized -and existing by virow of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER % means and refers to Caven, .Inc., whose address is 6874 Fairview Ave., Boise, Idaho, the party owning said "Property" and shall include any subsequent owner(s)tdeveloper(s) of the "Properly". 3.3 "DEVELOPRR": means and refers to Ustick Marketplace, LLC, whose address is 12601 W. Explorer Dr. Suite 200, Boise, Idaho, the party developing said "Property" and shall include any subsequent owners)/developer(s) of the'Tioperty". 3.4 `PROPERTY": means and refers to that cerosin parcel(s) of `Properly" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned GQ attached hereto and by this reference incorporated herein as if set forth at length. 4. . USES PERAriIITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement and which are herein specified as follows: To appt provided a detailed plea for the southern portion of the properly, which Includes a Lowe's store on 13.03 acres, DEVELOPMENT AGREEMENT (A7r04-009) PAGE 3 OF 28 • 0 and several pods for small service, commercial and retail in this gemhal area; and general cormmereial on the remainder of the Pro". A detailed list of permitted conditional and prohibited uses for the endre site are Aged In paragraph 6., Conditions Governing Development of Subjed Properly. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement 5. DEVELOPMENT IN CONDITIONAL USE: "Developer" bas not presently submitted to "City" an application for conditional use permit, and shall be inquired to obtain the "City's" approval thereof if a conditional use permit is submitted, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Developer" shall develop the "Property" in accordance with the following special conditions: A. Adopt the Special Recommendation of the Planning & Zoning Commission as follows: 1. Modify the first sentence of condition #3.a.ii., pg. 11, of the 5/13/04 staff report, to read as follows: "The 12 acres shown as "Commercial" on the north end of the site shall be required to incorporate now professional office or another non retail use." DEVELOPMENT AGREEMENT (Az -04009) PAGE 4 OF 28 C� 0 2. Add to Annexation and Zoning Facts and Conditions 03.d, pg. 12, the following actividestuses: cgmpactor and tee= gcnerator. 3. Add to Annexation and Zoning Facts and Conditions #3.d., pg. 12, a new sentence which reads: "All s_ne activities shall be confined bOm the hours of 6:00 am and 8:04 pm." (Per action of the City Council taken at their June 13, 2404 meeting, hours shall be 6:00 a.m. to 8:00 p.m.) B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows: 1. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. (Note: This assumes final passage of either the Kissla or Blue Marlin pending annexations prior to approval of this application.) 2. The subject property is within the Urban Service Planning Area. Essential City services are or will be made available to the subject property. 3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and developer. The DA shall incorporate the following: a. Include the detailed and congaWd site DIM (received by the City Clerk on April 16, revised) as an exhibit of the DA (attached hereto as Exhibit C), noting approval with the following exceptions: i. Only the new, north -south road location and profile, Baldcypmis, and the large retail building footprint with associated parking receive detailed approval at the time of annexation. All othermentations on the site plan are conceptual and shall require separate detailed approvals through the City of Meridian in accordance with the Zoning and Subdivision Ordinances in effect at the time of development; U. The 12 acres shown as "Commercial" on the north end of the site shall be required to incorporate some professional office or another non -read use. The Zoning Administrator is granted authority through this DA to determine whether a future use and/or site plan compUes with the intent of this agreement; . DEVELOPMENT AGREEMENT (AZ4 4109) PAGE 5 OF 28 iii. The vehicular access points shown onthe site plan to Eagle Road/SH 55 and Ustick Road are not approved and must be approved separately through ACRD and IID; iv. The 20 -foot wide buffer between land uses on the east property line shall be constructed along the entire boundary prior to CO's being issued for any new building on the property. Additionally, the developer shall ensure a &foot sound wall is constructed along the entire east property line; V. The parking ratio for the bulk retail use in the southeast comer shall be allowed to be one parking space per 250 sq. & of gross floor area; vi. A minimum 7 -foot wide pedestrian walkway shall be added to the site plan, extending north of the Ustick Road sidewalk on the east side of the middle driveway and across the drive aisle. The pedestrian walkway may be delineated by paint or other suuiace treatment on the asphalt paving. b. Include the four (4) building elevations. drawn by SSPE, Inc., as an exhibit ofthe DA (attached hereto as Exhibit D), noting approval with the following modifications: i. All roof -mounted HVAC and other mechanical equipment shall be screened so as not to be visible from either Eagle Road/SH 55 or Ustick Road abutting the property; ii. The fte-standing sign shown on the east elevation in the garden center is not approved Only one free-standing sign shall be allowed on the Ustick Road frontage. c. Include the "Permitted Conditional and Prohibited Uses" list. noting the following modifications: 1. List the following proposed "Permitted Uses" as "Conditional Uses": • Bottling and Disuftition Plant (Microbrewery Type) • Hospitals • Molded Plastic Products • Utility Facility — Major • Warehouse Storage 2. Define "Standby Generators" DEVELOPMENT AGREEMENT (AZ44-009) PAGE 6 OF 28 I Add "Any WAMM aver 5%QLOam fed shall recuin a conditional = xmit for fits RIM rrwAew only and not for narrmi_i usmwhich-arelisted mmaretely under the awlicabon." (Per action of the City Council taken at the June 15, 2004 meeting.) 4. Add a footnote to the exhibit which states: d. The following standard shall apply to all development on the subject lropertr. "All loading docks, compactors, emergency generators, trash collection, outdoor storage or similar facilities and functions shall be incorporated into the overall building and/or landscape design so that the visual and acoustic impacts of said fimctions are minimized. All such activities shall be confined between the hours of 6:00 am and 8:00 pm:" (Per action of the City Council taken at their June 15, 2004 meeting.) e. The DA shall also cite the following Cona►prehensive Plan policies (from Chapter VI and VII) as being applicable to all futime development within the boundaries of this annexation: Transoortation Lolicies Agplicable to the Market Sauare Annexation: • "Large development proposals that am likely to generate significant tMMC should be assessed for their impact on the "i m" Qrtation system and surrounding land uses. They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. DEVELOPMENT AGREEI4DENT (AZ -04009) PAGE 7 OF 28 • New development should not rely on cul-de-sacs since they provide poor fire access, walkabili% and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important fast step. Public transit includes bus systems and ridesharing. By fostering such mesas of high vehicle occupancies, congestion on roadways can be decreased. Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality of M. The proposed off-street and multiple -use pathway systems are depicted in Figures VI -3 and VIA New and existing developments should ensure that the guidelines laid out in this plan are adopted Eagle Road is the major north -south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway." • "Where feasible, multi -family residential uses will be encouraged, especially for projects with the potential to serve as employment destination carters and when the project is adjacent to State Highwayg 20- 26, 55 or 69; • Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted; • In developments where multiple commercial and/or office buildings are proposed (not residenda% the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; • Where the project is developed 4acent to low or medium density residential uses, a transitional use is encouraged." DEVELOPMENT AGREEMENT (AZ4 -009) PAGE & OF 28 • 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. S. The applicant shall contact rM District 3 regarding the design of the Eagle Road/SH 55 sidewalk and landscape buffer. Provide a written response to staff outlining the results of said discussions and any specific design standards ITD may request as part of this development C. Adopt the Recommendations of ACHD as follows: If the rezone is approved and the District receives a development proposal, the District intends to provide the following re-uiremmts, in addition to any additional requirements that may apply upon District review of fixture development, to the City of Meridian: 1. The applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) Wfeet of right-of-way from centerline along Ustick Road at the Ushck Road and Eagle Road intersection (for approadmately 500 feet) and 48 feet of rigbr-of-way from centerline along Ustick Road abutting the remainder of the site, and construct a minimum 5 - foot wide concrete sidewalk along Ustick Road, located a minimum of 58 feet from centerline at the intersection of Ustick Road and Eagle Road and 41 -feet from the centerline of Ustick Road on the remainder of the' site. b. Do not dedicate additional right-of-way, but construct a minimum 5-1oot wide concrete sidewalk along Ustick Road, located a minimum of 58 feet from centerline at the intersection of Ustick Road and Eagle Road and 41 -feet from the centerline of Ustick Road on the remainder of the site, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Ustick Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. DEVELOPMENT AOREEMENT (AZ -t14-009) PAGE 9 OF 29 2. Construct any local roadways that are proposed to intersect Ustick Road to align or offset a minimum of 300 -feet from any existing roadway (measured centerline to centerline). 3. Construct Bald Cypress Road to provide a minimum of 24 feet of pavement abutting the site and should construct a 5 -foot concrete sidewalk on the south side of the roadway abutting the site. 4. Construct the driveway that intersects Ustick Road near the Ustick Road/Eagle Road intersection a minimum of 440 feet from the signalized intersection for a full -access driveway and a minimum of 220 feet from the'signalized intersection for a right in/right-out only driveway. S. Conduct airy driveways that are proposed to insect Ustick Road to align or offset a minimum of 230 -feet from any existing or proposed driveway or street. 6. Once the aces points have been approved by the District, they are to be identified as such on the construction drawings. The remaining frontage along arterial and collector streets shall be identified as having no access. 7. Construct the internal roadways in accordance with District policy. 8. Extend the existing stub strect from the east properly line into the site. 9. Comply with requirements of ITD for Eagle R,ad. frontage. Submit a letter from ITT) regarding the said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact The Idaho Transportation Department's District III Traffic Engineer Dan Coonce at 3348300. 14. Comply with all Standard Conditions of Approval. ACHD Standard Conditions ofApproval 1. Any existing irrigation facilities shall be relocated outside of the right-ofway. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. DEVELOPMENT AGREEMENT (AZ404009) PAGE 10 OF 28 • 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the cons&acfiion of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved surpglements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. 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. 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. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County ffighway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right of -way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIOU NE (1-800-342-1585) at least two fiill business days prior to breaking ground within ACRD right-of-way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACID conduits (spare or filled) are compromised during any phase of constntction. 10. No change in the tams 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. DEVELOPMENT AGREEMENT (AZ -04-009) PAGE 11 OF 28 • 11. 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 rales, 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 pu mant to the law in effect at the tine the change in use is sought. D. Adopt the Recommendations of the Meridian F rc Dent as follows: 1) Final approval of the fire hydrant locations shall be by the Meridian Fire Department a) Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b) The Fire hydrant shall not race a street which does not have addresses on it c) Fire hydrant markers shall be provided per Public Works spec. d) Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location e) Fire Hydrants shall be placed on corners. f) Fire hydmb shall not have any vertical obstructions to outlets within 101. 2) All entrance and urternal roads shall have a turning radius of 28' inside and 48' outside radius. 3) Provide a 20' wide Fire Lane for all internal & external roadways. 4) Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5) Fire lanes and streets shall have a vertical clearance of 13'6'. This includes mature landscaping. 6) Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shah be placed an average of 300' apart. 7) The commercial project will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group ourrequests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. DEVELOPMENT AGREE)ANT (AZ44-W9) PAGE 12 OF 28 • 0 8) Maintain a separation of 5' fi+om the building to the dumpster enclosure. 9) All processes & storage practices shall be required to comply InternationalFire Code. 10) Fire Sprinklers will be required for all buildings associated with this project. 11)No Parldng signs and painted curbs will be required for all Fire Lanes. 12) Provide exterior egress lighting as required by the international Building &Fire Codes. E. Adopt the Recommendations of the Meridian Police Department as follows: 1. Please contact the Police Chief for detailed review of any development proposal and submit Aaa;3ed (approved) plans with your certificate of zoning compliance application. F. Adopt the Recommendations of the Sanitary Services Co. as follows: 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your cerdficaite of zoning compliance application. G. Adopt the action of the City Council taken at their dune 15, 2004 meeting as follows: For clarification: 1. The Applicant shall not be mp iredto construct vehicular access to the southernmost stub street from Heather Meadows Subdivision located at the gena boundary of the property, but shall construct a pedestrian pathway to connect to the stub street. 2. The Applicant shall provide and install asound barrier on the eastern most boundary of the property in place ofthe fencing. 3. The Applicant shall file the Leighton Lateral with thirty inch concrete pipe. 4. The Applicant shall be required to comply with the 1TD landSCOPilIg requirements for the frontage on Eagle Road. DEVELAPAUM AGREEINENT (AZ -04-009) PAGE 13 OF 28 5. The Applicant shall be required to provide a public plaza within the development. 6. Pertaining to the StafReport, and in particular to sections B.3.c.3. and $.3.d., and said sections shall now read as follows: B-3.0- Any structure over 50,000 square feet shall require a conditional use permit for site plan review only and not for permitted uses, which are listed separately under the application. B.3.d. The following standard shall apply to all development on the subject property►: "All loading docks, compactors, emergency generators, hush collection, outdoor storage or similar facilities and functions shall be incorporated into the overall building and/or landscaping design so that the visual and acoustic impacts of said functions are minimized. All such activities shall be confined between the hours of 6:00 &m. to 8:00 p.m. 7. The Applicant agreed at the June 15, 2004 public hearing, and will be required, to comply with the restrictions on the permitted uses, and shall meet the mixed-use requirements for the development. 8. With the provision of a sound wall on the east boundary, the Applicant shall only be required to meet the current Meridian City Code requirements pertaining to landscaping east of the Lowe's building. In other words, a beim is not required. 9. Uses will be governed by Meridbw City Ordinance 1141-1, Zoning Sebedule of Use Control as may be amended from time to time. The following uses Wray also be developed as permitted uses: PERMITTED CONDITIONAL AND PROHIBITED USES Adult Day Care Animal Hospital Auction Establishment Automobile Related Business: Automobile Repair Shop -Minor; Service Station, Car wash Bank, Financial Institution Bus Station Church Clinics (medical, deft, optical) Club, Lodge, Social Hall convenience Store W/Gasoline Service DEVELOPMENT AGREBMENT (AZ -X4009) PAGE 14 OF 28 Construction Businesses: Contractor's Shop, Sheet Metal Shop, Roofing Shop, Sign Painting Shop Driving Rar►ge Dry Cleaning Electrical Equipment and Products Electrical Supplies and Appliances Entertainment Centers: indoor: Bowling Alley, skating Rink, Arcade, Arena, Archery Entertainment Centers: Outdoor: Amusement Park, Ball Park.(baseball, football, soccer,), Water Park, Batting Cages, Go Cart Track Flex Space: Office Warehouse Mix Golf Course Greenhouse, Nurseries (already permitted) Grocery Stores Hotels, Motels Indoor Firing Range Laboratories (medical, dental, optical) Laundry, Clothes Cleaning, Pressing Business Laundry, Industrial Laundry, Self -Service Mausoleum Medical Research Facilities Mortuary Newspaper and Printing Establishment Office Parking Lots: Commercial, Off -Site Accessory Parking Lot, Parking Garagetstrnctur+e Parks and Plazas Personal Service: Barber Shap, Massage Parlor, Beauty Salon Pharmacy Photography Studio Post -Secondary -Education Facilities Printing, Lithography, Publishing and Associated Reproduction, exclusive of Paper kVlsnufacturing Public and Quasi Public Uses Public Service Facilities Radio and Television Stations (except exterior communications facilities) Restaurants Retail Sales: Building Materials, Hay, Grain, Bulk Garden Supply, Heavy Machinery DEVELOPMENT AGREEMENT (AZ*4-009) PAGE 15 OF 28 i Seed and Garden Supply Self Service Storage Standby Generators Theater (excluding Drive-hm) Utility Facility — Minor Vocational, Trade, Industrial Schools Wholesale Business The following uses may be allowed upon application and approval as conditional ossa: Automobile Repair Shop — Major Bottling and Distribution Plant (Microbrewery Type Only) Child Care Facilities Communication Towers Drive-in, Drive -trough Establishments Hospitals Missions, Food Kitchens Molded Plastic Products Residential (planned development required) Sales Lots Schools, Private (vocational, trade and industrial schools are permitted) Shelter Home Utility Facility — Major Warehouse Storage The following uaea, in addition to those included in Meridian Ordinance Section 1141-1 as prohibited uses in the C -C and C -G zones (unless permitted/conditional use above), are expressly prohibited: Adult Business (bookstore, theater, performance) Alcohol Establishments (other than combined with restaurant service or hoteUmotel facility) Boarding and Rooming House Bottling and Dishilbution Plant Composting Facility Halfway House Nursing Homes and Sanitariums Recreational Vehicle Park Truck Terminal DEVELOPMENT AGRE BaNT (AZ -04-009) PAGE 16 OF 28 Truck Stop Uses This Not is not an exbaustive inventory of all possible uses. WhenM a use is proposed that is not specifically Rated, such use shall be expressly prohibited unless by application and authorization it is determined by the Planning and Zoning Administrator that said use is similar to and compatible with a listed permitted use. Such uses) may then only be permitted as a conditional use, regardless of the proposed site location. 7. COMPLIANCE PERIOD! CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner's" and "Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement within two years of the date this Agreement is effwave, and after the "W has complied with the notice and hearing procedures as outlined in LC. § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner" and "Developer" consent upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the "City" first Providing written notice of default and an opportunity to cure as set forth in Section 13, upon the following conditions precedent to-wit.- 8.1 o-wit: 8.1 That the City provide written notice of any failure to comply with this Agreement tb "Owner" and "Developer" and if the "Owner" and "Developer" fails to cure such failure within six (6) mondu of such notice. 9. INSPEC'II'ION: "Owner" and "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: DEVELOPMENT AGREEMENT (AZ44409) PAGE 17 OF 28 10.1 In the event "Owner's" and "Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person WAWring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may, after the "City" first provides written notice of such default and an Opportunity to cure as set forth in Section 13, be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner" and "Developer''' of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to arty subsequent breach of any such or other covenants and conditions. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer's" cost, and submit proof of such recording to "Owner" and "Developer,,, prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason atter such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement 12. ZONING: "City" shell, following recordation of the duly approved Amt, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either `City" or "Owner" and "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to pure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agrarncnt, the parties agree that "City" and "Owner" and "Developer" shall have thirty (30) days eller delivety of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided DEVELOPMENr AGREBMENT (AZ,.O"W) PAGE 1S OF 28 for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of seine with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner" and "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: If the "Developer" requests to record the final plat or requests issuance of a final Certificate of Occupancy for building before it installs all the improvements required under this Agreement, the "City" may, as a condition of granting such request, require the "Developer" to provide the "City" with surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §12-5-3, to insure that installation of the improvements, which the "Owner" and `Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner" and "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, aid accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner" and "Developer" agrecs to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and. Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. DEVELOPMENT AGREEMENT (Az -04-009) PAGE 19 OF 28 s s 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deems delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER: c/o City Engineer Caven, Inc. ? City of Meridian 6874 Fairview Avenue 33 E. Idaho Ave. Boise, Idaho Meridian, ID 93642 with copy to: DEVELOPER: City Clerk Ustick Marketplace, LLC City of Meridian 12601 W. Explorer Drive Suite 200 33 E. Idaho Ave. Boise, Idaho 83713 Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the require umb! of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract 'between the parties and shall survive any default, termination or forfeiture of this Agreement. 19, TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every tern, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and .personal representatives, including "City's" corporate authorities and their successors in DEVELOPMENT AGREEMENT (AZ -04009) PAGE 20 OF 28 0 0 -. office. This Agreement shall be binding on the "Owner" and "Developer" of the "Property", each subsequent owner area any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed "City" agrees, upon written request of "O mer" and "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" and "Developer" has fully performed its obligations under this Agreement 21. INVALED PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall bre deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FILIAL AGREEMENT: This Agreement sets forth all promises, inducennents, agreements, condition and undmstandings between "Owner" and "Developer" and "City" relative to the subject matter heteo& and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and "Developer" acrd "City", other than as are stated herein Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without rho approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the umiaxation and zoning of the "Properly'" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ -04.009) PAGE 21 OF 28 ACKNOWLEDGMENTS IN WrIMMS W'fHMOF, the parties have herein executed this agreement and Made it offoctive as hereinabove provided. OWNERMAW-N, INC.: I 17-A DEVELOPER/UMCKMARKETPLACEs LLC: BY: Smith Brighton, LLC My OF ME ML4N BY: Gri .. MAY WEERD DEVEWM ENT AGREEMENT (AZ49-009) PAGE 22,OF 24 0 Attest: CITY CLERK STATE OF IDAHO ) :ss COUNTY OF 01%% llftffrfffff�f of q y r S r ti ''''','fffffllll tft 1111111��,,``,, On this Cl -'k day of wl 2004, before me, a Notary Public, personally appeared ARRY CAI to me to be the Pres dga of CAVEN, INC., who em behalf ofmid corporation, and acknowledged to me that suchcorpc :ss COUNTY OF ADA ) viritiq Notary Public Residing at T Commission e On this qqjN day of 2004, before me, nNota ry Public, personally appeared AU known or identified to me to be the o@WAP e - MARKETPLACE, LLC, who executed the instrument on b company, and acknowledged to me that such limited liability M G65,t,B #0TARl• { 0c, Notary Public Residing at:_ AGREEMENT (AZ -4449) PAGE 23 OF 29 in the year f,knownoridentified xi the im4rument on on executed the same in the year . ,j said limited liability v executed the same. • STATE OF IDAHO ) :ss County of Ada ) On this day of ALIV in the year 2004, before me, a Notary Public, personally appeared TaAmy de Weerd and William G. Berg, Jr., known or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that execuk d the instrument of behalf of said City, and acknowledged to me that such City ex the same. • ti�,1�� L. 8�f¢ (SEAL,) N lir for ppBL'�G g at. ,p p C 'on expi OF b9�¢ ZAWW lMV40" uNwid s40M AZ440WXv bPAW be DEVaDPMENT AGREEAffiNT (AZr04-009) PAGE 24 OF 29 EXHIBIT A LEGAL DESCREff- WN A parcel of land being the SW Y4 SW '/4 of Section 33,4 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more 'cula. described as follows: BEGiNMO at the SW corner of said Section 33, said �Oraer monumented with a Y2 -inch diameter iron pin; Thence N. 0°30'25" E., a distance of 1327.14 feet along westerly boundary of said SW % SW Y4 to the NW comer of said SW % SW =/4 (S 1/1 comer common to Sections 32 and 33); Thence S. 89°47'55" E., a distance of 1329.19 feet of said SW Y4 SW Y, to the NE corner of said SW % SW momimented with a 5/&inch diameter iron pin; Thence S. 0429'08" W., a distance of 1326.66 feet i said SW'/4SW Y, to the SE comer of said SWy4SW 114(W Sections 4 and 33); Thence N. 8949'08" W., a distance of 1329.70 feet of said SW Y4 SW V4 to the POINT OF BEGINNING. This parcel contains 40.49 acres more or less. Also, this parcel is SUBJECT TO all easements and implied. All according to Record of Survey No. 3769, recorded the Office of the Ada County Recorder. This information contained in this legal description was record as shown on "Record of Survey No. 3769, Instr. No. 974 on an actual field su vey. DEVELOPMENT AMUMMMT (AU4-009) PAGE 25 OF 29 the northerly boundary 1/16 corner), said comer she easterly boundary of corner common to the southerly boundary of record or No. 97008745 iii I from thedata of and is not based EXHIBIT B DEVELOPMENT AGREEMENT (AZ44-009) PACE 26 OF 28 • EXE[ Brr C DEVELOPMENT AGREEMENT (AZ-04-Od9) PAGE 27 OF 28 • EXHIBIT D DEVELOPMENT AGREEMENT (AZ -04009) PAGE 28 OF 29 BEFORE THE MERIDIAN CITY IN THE MATTER OF THE ) Case No. A; APPLICATION FOR ANNEXATION ) AND ZONING OF 36.93 ACRES ) FINDINGS FOR PROPOSED MARKET } CONCLUS: SQUARE FROM RUT TO G -C, ) DECISION LOCATED ON THE NORTHEAST ) GRANTINI CORNER OF THE INTERSECTION ) ANNEXAT OF USTICK ROAD AND EAGLE ) ROAD/SH 55, IMMEDIATELY ) NORTH OF THE PROPOSED ) KISSLER/COBBS/EAGY/RUWE ) ANNEXATION AND WEST OF ) PROVIDENCE PLACE ) SUBDIVISION, TOWNSHIP 4 } NORTH, RANGE 1 EAST, SECTION ) 33, MERIDIAN, IDAHO ) } SMITH BRIGHTON, APPLICANT The above entitled annexation and zoning application having on June 15, 2004, at the hour of 7:00 p a., and Anna Powell Plannin€ and Zoning Department, David Tumbull, Tish Gilbert, Tom Davis, Sl Antonio Kusic, Richard Beck, Carol Stringham, Scott Hamden, Cora FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 1 OF 30 C/C 06/15/04 )F FACT AND DNS OF LAW AND kND ORDER APPLICATION FOR DN AND ZONING on for public hearing for the Planning ,Kusic, Emma Beck, Kleeberg, and Kirk • Carroll, appeared and testified, and the City Council having duly record in this matter therefore makes the following Findings of Fact Decision and Order. FINDINGS OF FACT I . There has been compliance with all notice and hearing Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-1 2. The City Council takes judicial notice of its zoning, ordinances codified at Titles 11 and 12, Meridian City Code, and all and the Amended Comprehensive Plan of the City of Meridian Resolution No. 02-382, and maps and the ordinance Establishing the 3. The property which is the subject of the application for zoning as described in the application, is approximately 36.93 acres in northeast corner of the intersection of Ustick Road and Eagle Road/Sl- the proposed Kissler/CobbsBagy/Ruwe annexation and west of P100 Township 4 North, Range 1 East, Section 33, Meridian, Idaho, all wick the City of Meridian and the Mend= Urban Service Planning Area a Meridian Comprehensive Plan. 4. The owner of record of the subject property is Caven, owner and has submitted notarized consent for the subject Brighton of Boise, Idaho. The property is presently zoned RUT (Ada County). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZON NG MARKET SQUARE (AZ -04-009) PAGE 2 OF 30 • the evidence and the Conclusions of Law, and quirements set forth in -5 and 11-16-1. hvision and development Tent zoning maps thereof, August 6, 2002, ipact Area Boundary. rnnexation and size and is located on the 55, immediately north of mce Place Subdivision, A the Area of Impact of defined in the 2002 c. is the current property Applicant is Smith L� 6. The Applicant requests the property be zoned as C -G Commercial). 7. The Applicant proposes to develop the subject The applicant provided a detailed plan for the southern portion of the Lowe's store on 15.4 acres, and several pads for small service, Retail and Service the following manner: which includes a and retail in this general area, and general commercial on the remainder of the property A detailed list of permitted conditional and prohibited uses for the entire site will be the Development Agreement, entitled Conditions Governing 8. The Applicant requests zoning of the subject real and Service Commercial, which is consistent with the Meridian Generalized. Land Use Map, which designates the subject property as 9. There is a historic structure on the parcel which may this application. There are no other scenic or natural feabues of major 10. The City Council recognizes the concerns of Allen Carl Gilbert, Scott Hamden, Steve Holland, Richard Beck and Carol 11. Giving due consideration to the comments received governmental subdivisions providing services in the City of Meridian public facilities and services required by the proposed development upon the public if the following conditions of development are FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 3 OF 30 I in Item Number 6. of .%t of Subject Property. y to C -G (General Retail ehensive Plan fixed Use -Regional. ;,t the consideration of nportance. Dn, David Boehecker, Ingham. the anning jurisdiction, not impose expense A. Adopt the Special ommendation of the Planning & Zonings Commission as follows: 1. Modify the first sentence of condition #3.a.ii., pg. 11, of 5/13/04 staffreporf, to read as follows: "The 12 acres shown as "Commercial on the north end of the site shall be required to incorporate some professional office or another non -retail use." 2. Add to Annexation and Zoning Facts and Conditions #34 pg,- 12, the following activities/uses: compactor and emergency generator. 3. Add to Annexation and Zoning Facts and Conditions 0.d. pg. 12, a new sentence which reads: "AU such activitiesbe the hours o •00 am and 8:00 gM." (Per action of the City Council taken at their Jut a 15, 2004 meeting, hours shall be 6:00 a.m. to 8:00 p.m.) B. Adopt the Comments and Recommendations of the Meridian Manning & Zoning Department as follows: 1. The legal description submitted with the application meet he requirements of the City of Meridian and State Tax Commission and places the par(x I contiguous to existing city limits. (Note: This assumes final passage of either the Kis ler or Blue Marlin pending annexations prior to approval of this application.) 2. The subject property is within the Urban Service Planning are or will be made available to the subject property. 3. Prior to the annexation ordinance approval, a Devel entered into between the City of Meridian, property ordinance adoption), and developer. The DA shall in a. Include the detailed andcongMA—at site elan (received revised) as an exhibit of the DA, noting approval wit i. Only the new, north -south road location and large retail building footprint with associat approval at the time of aimexation. All other re are conceptual and shall require separate detail of Meridian in accordance with the Zoning ar effect at the time of development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 4 OF 30 Essential City services Agreement (DA) shall be (at the time of annexation to the following: y&a City Clerk on April 16, the following exceptions: rofile, Baldcypress, and the I parking receive detailed resentations on the site plan d approvals through dw City Subdivision Ordinances in 0 ii. The 12 acres shown as "Commercial" on the in required to incorporate some professional of'ic The Zoning Administrator is granted authority t whether a firture use and/or site plan comp] agreement; iii. The vehicular access points shown on the site p] Ustick Road are not approved and must be as ACRD and 11D; iv. The 20 -foot wide buffer between land uses on tl constructed along the entire boundary prior to new building on the property. Additionally, the foot sound wall is constructed along the entire V. The parking ratio for the bulk retail use in th allowed to be one parking space per 250 sq. ft. vi. A minimum 7 -foot wide pedestrian walkway sh extending north of the Ustick Road sidewalk or driveway and across the drive aisle. b. Include the four (4) building elevations. drawn by SS( DA, noting approval with the following modificatiions i. All roof -mounted HVAC and other mechanical so as not to be visible from either Eagle Rc abutting the property, ii. The free-standing sign shown on the east elevi not approved. Only one free-standing sip sha Road frontage. c. Include the "Permitted, Conditional and Probibi DA, noting the following modifications: 1. List the following proposed "Permitted Uses" as • Bottling and Distribution Plant (Adicrobrew • Hospitals • Molded Plastic Products • Utility Facility — Major • Warehouse Storage 2. Define "Standby Generators" 3. Add" FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ44-009) PAGES OF 30 th end of the site shall be or another non -retail use. ough this DA to determine s with the intent• of this to Eagle Road/SH 55 and oved separately through east property line shall be CO's being issued for any ieveloper shall ensure a 6- ast Preppy line; southeast corner shall be of gross floor area; ll be added to the site plan, the east side of the middle Inc., as an exhibit of the end shall be screened SS or Ustick Road on in the garden center is be allowed on the, Ustick as an exlnbit of the Type) Uses": E sepor ely under the aotslication." (Per action their June 15, 2004 meeting.) 4. Add a footnote to the exhibit which states: d. The following standard shall apply to all development loading docks, compactors, emergency generators, tray or similar facilities and functions shall be incorporaa and/or landscape design so that the visual and acoustic minimized. All such activities shall be confined beam 8:00 pm." (Per action of the City Council taken at the i City Council taken at M i the subject property. "All collection, outdoor storage I into the overall building apacts of said functions are n the hours of 6:00 am and June 15, 2004 meeting.) e. The DA shall also cite the following Comprehensive policies (from Chapter VI and VII) as being applicable to all future development Nithin the boundaries of this annexation: • "barge development proposals that are likely to gen significant traffic should be assessed for their impact on the transportation and surrounding land uses. They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. • New development should not rely on cul-de-sacs since they'provide poor fire access, walkability, and neighborhood social life. Nam, development and streets should be designed to encourage walling and bicycling. • In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport. Im vement in and encouraged use of public transit systems is an impo first step. Public transit includes bus systems and rklesh&6M. By fostering means of high vehicle occupancies, congestion on roadways can be • Pathways that encourage use by bicyclists and pedestri* can decrease road congestion and add to the community's quality of life. The proposed off-street FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ4WO09) PAGE 6 OF 30 and multiple -use pathway systems are depicted m and existing developments should ensure that the are adopted. VI -3 and VI -4. New as laid out in this plan • Eagle Road is the major north -south arterial in Ada Co . The capacity of this arterial should be protected by minimizing the number and.location of private driveway access connections to this important roadway, " • "Where feasible, multi -family residential uses will be e0couraged, especially for projects with the potential to serve as employment 'on centers and when the project is adjacent to State Highways 20-26, 55 or ; • Where mixed use developments are phased, a con site plan for the entire mixed use area is encouraged with the development api lication or, depending on the scope of the development, prior to a formal develop ent application being submitted; • In developments where multiple commercial and/or o ce buildings are proposed (not residential), the buildings should be arranged to cv ate some form of common, usable area, such as a plaza or green space; • Where the project is developed adjacent to low or medi7 density residential uses, a transitional use is encouraged." 4. Any existing domestic wells and/or septic systems within project will have to be removed from their domestic service, per City Ordinance So ton 5-7-517, when services are available from the City of Meridian. Wells may be for non-domestic purposes such as landscape irrigation. 5. The applicant shall contact r1 D District 3 regarding the deli of the Eagle Road/SH 55 sidewalk and landscape buffer. Provide a written response staff outlining the results of said discussions and any specific design standards 1TD i may request as part of this development. C. Adopt the Recommendations of ACRD as follows: If the rezone is -approved and the District receives a developnu intends to provide the following requirements, in addition to w that may apply upon District review of future development, to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04409) PAGE 7 OF 30 proposal, the District additional requirements City of Meridian: 0 I. The applicant shall do one of the following: a Dedicate by donation (or through a development offset a, applicant is reimbursed from impact fees to be collected so specific development project) 601 -feet of right-of-way from Road at the Ustick Road and Eagle Road intersection (for a 48 feet of right-of-way from centerline along Ustick Road F the site, and construct a minimum 5 -foot wide concrete si& located a minimum of 58 feet from centerline at the interest Eagle Road and 41 feet from the centerline of Ustick Road site. b. Do not dedicate additional right-of-way, but construct a concrete sidewalk along Ustick Road, located a minimum the intersection of Ustick Road and Eagle Road and 41 -fee Ustick Road on the remainder ofthe site, in an easement p c. Do not dedicate additional right of -way, but construct a concrete sidewalk along Ustick Road, located at the back i of way Accomplish all necessary adjustments to properly drainage and utilities. 2. Construct any local roadways that are proposed to intersect offset a minimum of 300 -feet from any existing roadway (n centerline). 3. Construct Bald Cypress Road to provide a minimum of 24 the site and should construct a 5 -foot concrete sidewalk on roadway abutting the site. 4. Construct the driveway that intersects Ustick Road near the intersection a minimum of 444 feet from the signalized into driveway and a minimum of 220 feet from the signalized in in/right-out only driveway. 5. Construct any driveways that are proposed to intersect minimum of 230 -feet from any existing or proposed cb 6. Once the acmes points have been approved by the District, l such on the construction drawings. The remaining frontage collector streets shall be identified as having no aces. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGES OF 30 W. ement whereby the r from the applicant's iterline along Ustick roximately 540 feet) and tting the remainder of Kik along Ustick Road, n of Ustick Road and the remainder of the $nimum 5 -foot wide 58 feet from centerline at iom the centerline of vided to the District. mum 540ot wide Of the existing right- mmodate existing ick Road to align or ured centerline to of pavement abutting south side of the Road/We Road L for a full -access rn for a right - Road to align or offset a or street. are to be identified as La arterial and 7. Construct the internal roadways in accordance with Distri t policy. 8. Extend the existing stab street from the east property line into the site. 9. Comply with requirements of ITD for Eagle Road frontag . Submit a letter from IMregarding the said requirements prior to District approval f the final plat or issuance of a building permit (or other required permits), whiche occurs first. Contact The Idaho Transportation Department's District III Traffic ' ear Dan Coonce at 334- 9300. 10. Comply with rail Standard Conditions of Approval. ACHD Stmtdard Conditiow ofApproval 1. Any existing irrigation facilities shall be relocated outside pf the right-of-way. 2. All utility relocation costs associated with improving frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are t allowed unless approved in writing by the District. Contact the District's Utility Co rdinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved st pplements, Construction Services procedures and all applicable ACHD Ordinances ess specifically waived herein. An engineer registered in the State of Idaho shall V mpare and certify all improvement plans. 6. The applicant shall submit revised plans for staff a building permit (or other required permits), which changes. 7. Construction, use and property development shall be in applicable requirements of the Ada County Highway Di approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ*"09) PAGE 9 OF 30 prior to issuance of aces any required design rrmance with all prior to District 0 B. Payment of applicable road impact fees are required prior accordance with Ordinance #197, also known as Ada Co Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all axis of -way. The applicant at no cost to ACRD shall repair the applicant. The applicant shall be required to call D least two full business days prior to breaking ground w; applicant shall contact ACRD Traffic Operations 3874 conduits (spare or filled) are compromised during any 1 building construction in r Highway District Road utilities within the right ding utilities damaged by ENE (1-800-342-1585) at ACHD right-of-way. The in the event any ACHD of construction. 10. No change in the terms and conditions of this approval be valid unless they are in writing and signed by the applicant or the applicant's orized representative and an authorized representative of the Ada County Highway istrict. The burden shad be upon the applicant to obtain written confirmation of an change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the prol this application, shall require the applicant to comply with ordinances, plans, or other regulatory and legal restriction.- applicant estriction:applicant or its successors in interest advises the Highway change the planned use of the subject property unless a we requirements or other legal relief a granted pursuant to the the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department 1) Final approval of the fire hydrant locations shall be by the Me a) Fire Hydrants shall have the 4'/a" outlet face the main sire b) The Fire hydrant shall not face a street which does not hal c) Fire hydrant markers shall be provided per Public Works d) Locations with fire hydrants shall have the curb painted hydrant location. e) Fire Hydrants shall be placed on corners. fl Fire hydrants shall not have any vertical obstructions to of 2) All entrance and internal roads shall have a turning radius radius. 3) Provide a 20' wide Fire Lane for all internal & external FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ4WO09) PAGE 10 OF 30 rty which is the subject of all rules, regulations, in force at the time the 3istrict of its intent to ver/variance of said law in effect at the time follows: aian Fire Department. or parking lot aisle. addresses on it. 10' to each side of the within 101 . 28' inside and 48' outside • 4) Operational fire hydrants and temporary or permanent combustible construction begins. 5) Fire lanes and streets shall have a vertical clearance of landscaping. 6) Commercial and office occupancies will require a fire -flow co, Fire Code to service the proposed project. Fire hydrant shall apart - 0 signs are required before This includes -mature ;tent with the International placed an average of 300' 7) The commercial project will have an unknown transient popnlatio and will have an unknown impact on Meridian Fire Dement call volumes. The dian Fire Department has experienced 2397 responses in the year 2003. According to a completed by Fire & Emergency Services Consulting Group our requests for service projected to reach 2800 in the year 2005 and 3800 by the year 2010. 8) Maintain a separation of 5' from the building to the dtunpster 9) All processes & storage practices shall be required to comply with 10) Fire Sprinklers will be required for all buildings associated with t 11) No Parking signs and painted curbs will be required for all Fire L 12) Provide exterior egress lighting as required by the lntemational B E. Adopt the Recommendations of the Meridian Police Dept as 1. Please contact the Police Chief for detailed review of any, stamped (approved) plans with your certificate of zoning F. Adopt the Recommendations of the Sanitary Services Co. as follows: 1. Please contact Bill Gregory at SSC (888-3999) for detailed submit stamped (approved) plans with your certificate of zor G. Adopt the action of the City Council taken at their June 15, 2004 For clarification; 1. The Applicant shall not be required to construct vehicular FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 11 OF 30 International Fire Code. project & Fire Codes. Rt proposal and submit e application. iew of your proposal and compliance application. as follows: to the southernmost stub • street from Heather Meadows Subdivision located at the easter but shall construct a pedestrian pathway to connect to the stub 2. The Applicant shall provide and install a sound barrier on the property in place of the fencing. 3. The Applicant shall tile the Leighton Lateral With thirty inch 4. The Applicant shall be required to comply with the ITD land frontage on Eagle Road. 5. The Applicant shall be required to provide a public plaza wig 6. Pertaining to the Staff Report, and in particular to sections sections shall now read as follows: • boundary of the property, most boundary of the pipe. requirements for the the development .c.3. and B.3.d., and said B.3,e.3. Any structure over 50,000 square feet shall require a camfitional use permit for site plan review only and not for permitted uses, which are listed separately under the application. B.3 d. The following standard shall apply to all development n the subject properly: "All loading docks, compactors, emergency generators, collection, outdoor storage or similar facilities and functions shall be imcorpo into the overall building and/or landscaping design so that the visual and aco 'c impacts of said functions are minitnized. All such activities shall be confined thehours of 6:00 a.m. to 5:00 P.M. 7. The Applicant agreed at the June 15, 2004 public hearing, and ' I be required, W comply with the restrictions on the permitted uses, and shall meet the mix ed -use requirements for the development 8. With the provision of a sound wall on the east boundary, the to meet the current Meridian City Code requirements pew Lowe's building. In other words, a berm is not required. 12. It is found that the 2002 Comprehensive Plan Future the subject property as "Mixed Use -Regional." The purpose of the provide for a combination of compatible land uses that are typically FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 12 OF 30 cant shall only be required to landscaping east of the Use Map designates all of Use designation is "to under a master or • conceptual plan ... and to identify key areas [of the City] which are dd in highly visible or transitioning area of the City where innovative and are encouraged The intent ofthis designation is to offer the developer i use flexibility." (Chapter VII, pg. 97.) The requested C -G zoning gene purpose and intent of the W -Regional designation. The applicant is n, of uses within this development. In addition to the Future Land Use Map, it is found that there policies which both support and may not support this annexation. The and Action items contained in the 2002 Comprehensive Plan are zoning application: Chapter IV, Goal I, Obj. A, #6 Chapter V, Goal III, Obj. B, #8 Chapter VI, Goal I, Obj. A, #3 Chapter VI, Goal IL Obj. A, #6 Chapter VII, pg. 98 Chapter VII, Goal I, Obj. B, #5 Chapter VII, Goal IV, Obj. A, #6 Chapter VII, pg. 98 13. The general vicinity of this project is experiencing a and low density residential uses to commerciaVurbm type developmneat. C (aka "Parkstone') is a 100+ acre, mixed use development about a '/4 property, the fast phase of which has received final plat approval. Carol I acre office park (zoned L -O) located approximately one half (K) mile sol on the west side of Eagle Road. Municipal water was extended as of Ea; serve Summer's Funeral Home. Providence Place Subdivision is a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-049) PAGE 13 OF 30 infill in nature or situated adble design opportunities reater degree ofdesign and lly conforms to this stated however, indicating amix Comprehensive Plan text lowing Goals, Objectives, ble to the annexation and change from agricultural uampion Padc Subdivision mile west of the subject rofeWonal Center is a six th of the subject property to Road afew years ago to urban density residential subdivision located in Boise City east of the property. Tberefore, it proposed property would be compatible with other land use and found that a rezone of the changes in the area. 14. It is found that there is only one (1) specific use listed ' the application (superstore); all other uses are future. It is recommended that all of the firture uses within the proposed C -G zone be restricted with a DA. Further, to minimize pote pollution, and visual pollution, the applicant and staff have prepared a Some of the more intense uses will be pressed through the Conditio is found that with an executed DA that sets guidelines for fW= uses c Conditional Use Permit review for future buildings, the requested zoni harmonious with and in accordance with the 2002 Comprehensive Pla designation. 15. It is found that the majority of future uses on the hazardous or disturbing to existing or future neighboring uses if all ordinances are exercised. Unless restricted as part of the DA, twenty--fi be allowed on the site. Three (3) loading bays with overhead doors corner of the building which may, depending upon delivery times, noise, color, air of uses i'or the DA. Use Pemait process. It this site, amd separate designatiion will be and the IVDU -Regional property will not be and landscaping (24) hour operations would proposed ,at the southeast a disturbance. A trash compactor for the superstore is also proposed at the southeast corner �f the site which may cause some disturbance to existing residential uses to the east and south be mitigated through appropriate screening and buffering techniques. 16. It is found that roadway improvements will be required additional traffic gem by future development. The Public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (A2-04-009) PAGE 14 OF 30 and other future uses can Ustick Road to handle the Department recently • completed construction of the South Slough Trunk extension in the project extended the trunk to the Eagle /Usdck Road intersection. available in Ustick Road in front of the property. A new fire substation • ofthis annexation. The water is currently opened earlier this year to serve this area. All other public services and tad ities appear to } e adequate to service this pr'operty. 17. It is found that this development will not cause public cost The South Slough Trunk extension was funded by the i create new demands on the public coffer for this development. Other n be fimded and constructed by the developer. It is also found that the will not be detrimental to the community's economic welfare. 18. MCC 11-12-2 and 11-12-3 are intended to mitigate hazards, bulk storage, and contractor's yards. In addition, a DA could would prevent detrimental effects. To comply with this finding, is entered into which addresses specific uses. In terms of traffic generation, this site has approximately 1 Road and 1,290 feet of frontage on F.,agle Road The Earth ACHD estimates the site, at 2010 build -out, to generate 10,825 additional requirements at of Meridian but will not site improvements will and zoning alone of some uses such as fire use parameters that that a DA be feet of frontage on Ustick traffic study submittedto vehicle trips per day with an AM peak of 272 vehicles per hour and a PM peak of 945 vehicles ped` hour. Approximately 35% of the total traffic is projected to have Ustick Road destinations ands 65% to have Eagle Road destinations. Ustick Road is not in ACHD's Five Year Work Plan but �s in their CEP for roadway widening within the next 15 years. ACRD is allowing two driveways, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 15 OF 30 and afull- access, on Ustick Road. They have also preliminarily approved the signal proposed at the east property line. Final determination will be made upon submittal of � development application (building permit). On April 23, 2004, a joint agency/department comments representatives of key service providers to this property. The Meridian 1 submitted a list of conditions and needs in order to adequately serve the access to Eagle Road/SH 55 (see Finding H). The applicant should design of refuse container(s) with Sanitary Services Company (SSG). A from the Fire and Police Departments and other agencies/departmen paragraph 11 hereinabove. 19. It is found that the proposed and future uses will impact on the surrounding streets. In accordance with Comp Plan policy #12 107), staff finds that the number of vehicular access points to Eagle Rom and comply with ITD Type IV access policies in order to preserve the ca roadway at build -out. City sta$ including the Meridian Fire at recommending no new approaches be allowed to Eagle Road/SH 55. 20. There is an existing house on the eastern parcel (3580E. Ada County Historic Sites Inventory as eligible for the National. However, it is found that this is not a scenic feature of "major" technically met. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER (WANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ4"09) PAGE 16 OF 30 meeting was held with and Police Departments including restricted the location and of dw detailed conditions are addressed in number level and flow of traffic 79) and policy #2 (pg. 55 should be restricted and movement on this Police Departments, is which is listed in the of Historic Places. and this finding is 0 21. It is found that the annexation of this property would in the best interest of the City for the following reasons: • increased commercial land base supply for development al n$ a primary corridor; • increased property tax revenue; • municipal services are available to the area; and • application substantially complies with the Comprehensive Plan It is also found that during previous public hearings, the cwrc* property owner was led to believe that once an annexation path and municipal services were a+ailable to this site the City of Meridian would likely annex the property. This is especially perw* given the fact that Boise City currently has services available and is contiguous to the north ano east. 22. It is found that if the developer pays for the requested it provements and complies with the conditions set forth in these Findings of Fact No. 11, and all sub -parts, the economic welfare of the City and its residems and tax and rate payers rill :be protected, a condition of annexation and zoning designation. 23. It is also found that the development considerations as referenced in Finding No. 11 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a m4nner which is harmonious and appropriate in appearance with the existing, or intended character �f the general vicinity, m order to assure that the proposed use will not change the essential chP vicinity and will insure that the proposed uses will not be hazardous or future neighboring uses, particularly considering the impact of prod potential to produce excessive traffic, noise, smoke, fumes, glare and CONCLUSIONS OF LAW FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTJIG APPLICATION FOR ANNEXATION AND TONING MARKET SQUARE (A2r04-009) PAGE 17 OF 30 of the affected disturbing to the existing, development on 0 1. The City of Meridian has authority to annex real annexation and the real property being contiguous or adjacent to city l property lies within the area of city impact as provided by Idaho Code Meridian City Code § 11-16 provides the City may annex real propert Meridian Urban Service Planning Area as set forth in the City's Coml 2. The Council may take judicial notice of government of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and upon written request for and that said 50-222. The that is within the chensive Plan. baaces, and policies, and as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 07, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian Resolution No. 02-382. 4. The following are found to be pertinent provisions of Comprehensive Plan and are applicable to this Application: Chapter IV, Goal I, Obi. A, #6 Chapter V, Goal III, Obj. B, #8 Chapter VI, Goal I, Obj. A, #3 Chapter VI, Goal II, Obj. A, #6 Chapter VII, pg. 98 Chapter VII, Goal I, Obj. B, #5 Chapter VII, Goal IV, Obj. A. 06 Chapter VII, pg. 98 5. The zoning of (C -G) General Retail and Service Ordinance at § 11-7-2 K as follows: August 6, 2002, City of Meridian t is defined in the Zoning (C -G) General Retail and Service Commercial• The purpose of the C -G District is to provide for commercial uses which are customarily operated I entirely or almost entirely FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 19 OF 30 0 within abuilding; to provide for areview ofthe impact ofpropa are auto and service oriented and are located in close proximity, streets; to firlfill the need of travel -related services as well as rets permanent motoring public. All such districts shall be connede sewer systems of the City, and shall not constitute strip, cox encourage clustering of commercial development. 6. Since the annexation and zoning of land is a authority to place conditions upon the annexation of land. See Idaho 65,665 Ptd 1075 (1983). 7. The development of the annexed land, if annexed, Ordinances of the City of Meridian including, but not limited to: development time schedules and requirements; Section 124-13, ditches; and Section 12-5-2 N, which pertains to pressurized inril Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-1&4 A of the Zoning and and/or developer shall enter into a Development Agreement. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND OF FACT AND CONCLUSIONS OF LAW, the City Council does Order: I. The applicint's request for annexation and zoning of 0 ced commercial uses which D major highway or arterial it sales for the transient and to the Municipal water and unercial development and function, the City has 105 meet and comply with the icon 12-2-4 which pertains to General Retail and Service Commercial (C -G) is granted subject to the Order hereinafter stated 2: The application is for annexation and zoning of 36.93 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA110N AND ZONING MARKET SQUARE (AZ -04-009) PAGE 19 OF 30 pertains to the piping of systems, and Zoning and Ordinance the owner FINDINGS Order and this does 36.93 acres to and conditions of this The legal description 0 shall be prepared by a Registered Land Surveyor, Licensed by the State to all the provisions of the City of Meridian Resolution No. 158. annexation must place this parcel contiguous to the Corporate City 3. Developer shall be required to meet the conditions set conditions herein are not met by the Developer that the property shall with the City of Meridian, which provides for the following conditions A. Adopt the Special Recommendation of the Planning & Zoning and shall conform legal description for per Ordinance No. 686. and in the event the subject to de -annexation, development, to -wit: as follows: 1. Modify the first sentence of condition #3.a.ii., pg. 11, of he.5/13/04 staff report, to read as follows: "The 12 acres shown as "Commercial 'on the north end of the site shall be required to incorporate some professional of lee or another non -retail use." 2. Add to Annexation and Zoning Facts and Conditions #3.1 t pg. 12, the following activities/uses: 2gmnactor and emergency generator. 3. Add to Annexation and Zoning Facts and Conditions #3.., pg. 12, a new sentence which reads: " the of 6.00 am and 8:00 pm." (Per action of the City Council taken at thi ArJune 15, 2004 meeting, hours shall be 6:00 am. to 8:00 p.m.) B. Adopt the Continents and Recommendations of the Meridian Planing & Zoning Department as follows: 1. The legal description submitted with the applic adon meets the requirements of the City of Meridian and State Tax Commission and places the parcel configuous to existing city limits. (Note: This assumes final passage of either the Kissler or Blue Marlin pending annexations prior to approval of this application.) 2. The subject property is within the Urban Service Planning are or will be made available to the subject property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (09) PAGE 20 OF 30 Essential City services • 3. Prior to the annexation ordinance approval, a Devel entered into between the City of Meridian, property ordinance adoption), and developer. The DA shall in a. Include the detailed and conceptual sitepl(received b; revised) as an exhibit of the DA, noting approval with t i) Only the new, north -south road location and pe large retail building footprint with associate approval at the time of annexation. All other rep, are conceptual and shall require separate detailex of Meridian in accordance with the Zoning and effect at the time of development; ii) The 12 acres shown as "Commercial" on the nr required to incorporate some professional office The Zoning Administrator is granted authority tb whether a future use and/or site plan compli agreement; iii) The vehicular access points shown on the site ph Ustick Road are not approved and must be al ACHD and ITD; iv) The 20 -foot wide buffer between land uses on tb constructed along the entire boundary prior to C( building on the property. Additionally, the deve sound wall is constructed along the entire east p v) The parking ratio for the bulk retail use in the allowed to be one parking space per 250 sq. il. c vi) A minimum 7 -foot wide pedestrian walkway sh, extending north of the Ustick Road sidewalk on driveway and across the drive aisle. b) Include the four (4) building elevations, drawn by SSC DA, noting approval with the following modifications: i) All roof -mounted HVAC and other mechanical equil not to be visible fiom either Eagle Road/SH 55 o prop ii) The fie --standing sign shown on the east elevation approved. Only one free-standing sign shall be a] frontage. c) Include the "Permitted. Conditional noting the following modifications: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (A7A4-W) PAGE 21 OF 30 • t Agreement (DA) shall be (at the time of annexation rte the following: the City Clerk on April 16, re following exceptions: )fie, Baldcypress, and the parking receive detailed esentations on the site plan approvals through the City Subdivision Ordinances in th end of the site shall be or another non retail use. )ugh this DA to determine e with the intent of this to Eagle Road/SH 55 and raged separately through east property line shall be s being issued for any new oiler shall ensure a 6 -foot iperty line; southeast corner shall be gross floor area; I be added to the site plan, he east side of the middle Inc., as an exhibit of the hent shall be screened so as Ustick Road abutting the the garden center is not red on the Ustick Road as an exbibit oftheDA, 0 1. List the following proposed "Permitted Uses" as "( • Bottling and Distribution Plant (Microbrewery • Hospitals • Molded Plastic Products • Utility Facility — Major • Warehouse Storage 2. Define "Standby Generators" 3. Add" listed segs ely under the application." (Per taken at their June 15, 2004 meeting.) 4. Add a footnote to the exhibit which states: d. The following standard shall apply to all development a loading docks, compactors, emergency generators, trash or similar facilities and functions shall be incorporate and/or landscape design so that the visual and acoustic iv minimized. All such activities shall be confined bebm 8:00 pm." (Per action of the City Council taken at their e. The DA shall also cite the following Comprehensive V1 and 'VII) as being applicable to all future develop this annexation • "Large development proposals that are likely to genera be assessed for their impact on the transportation systea uses. They should be examined for ways to encourage such as transit, walking, and cycling. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING} APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ*"09) PAGE 22 OF 30 C_1 Uses % of the City Council IV the subject property: "All ollection, outdoor storage into the overall building pacts.of said functions are the hours of 6:00 am and me 15, 2004 meeting.) policies I (from Chapter within the boundaries of significant traffic should and surrounding land 11 forms of transportation • • New development should not rely on cul-de-sacs since t access, walkability, and neighborhood social life. New should be designed. to encourage walking and bicycling. 0 provide poor fire -lopment and streets • In addition to providing for enhanced automobile traffic -Meridian should seek ways to encourage alternative modes of transport. Impowement in and encouraged use of public transit systems is an important first step. Public transit includes bus systems and ridesharing. By fostering sueb means of high vehicle occupancies, congestion on roadways can be decreased. • Pathways that encourage use by bicyclists andawt ped can decrease road congestion and add to the community's quality of life. proposed off-street and multiple -use pathway systems are depicted in Figur VI -3 and VI4. New and existing developments should ensure that the guidel nos laid out in this plan are adopted. • Eagle Road is the major north -south arterial in Ada Cou ity. The capacity of this arterial should be protected by minimizing the number a id location of private driveway access connections to this important roadway.' • "Where feasible, multi -family residential uses will be en 'ouraged, especially for projects with the potential to serve as employment 'on centers and when the project is adjacent to State Highways VQ6, 55 or 6 ; • Whom mixed use developments are phased, a concep site plan for the entire mixed use area is encouraged with the development appl cation or, depending on the scope of the development, prior to a formal developm Lent application being submitted; • In developments when multiple commercial and/or c (not residential), the buildings should be arranged to common, usable area, such as a plaza or green space; • Where the project is developed adjacent to low or uses, a transitional use is encouraged." 4. Any existing domestic wells and/or septic systems within t removed from their domestic service, per City Ordinance Sec are available from the City of Meridian Wells may be used such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04.009) PAGE 23 OF 30 buildings are proposed some form of density residential project will have to be L-5-7-517, when services non-domestic purposes 5. The applicant shall contact ITD District 3 regarding the desil sidewalk and landscape buffer. Provide a written response to said discussions and any specific design standards III) n development. C. - Adopt the Recommendations of ACHD as follows: 0 of the Eagle Road/SH 55 affoudining the results of r request as part of this If the rezone is approved and the District receives a develop proposal, the Duct intends to provide the following requirements, in addition to an additional requirements that may apply upon District review of fiat= development, to City of Meridian: 1. The applicant shall do one of the following: a. Dedicate by donation (or through a development offset a applicant is reimbursed from impact fees to be collected so specific development project) Wfeet of right -of --way from Road at the Ustick Road and Eagle Road intersection (for a 48 feet of right-of-way from centerline along Ustick Road F the site, and construct a minimum 5 -foot wide concrete side located a minimum of 58 feet from centerline at the interna Eagle Road and 41 -feet from the centerline of Ustick Road site. b. Do not dedicate additional right-of-way, but construct a a concrete sidewalk along Ustick Road, located a minimum o the intersection of Ustick Road and Eagle Road and 41 -feet Ustick Road on the remainder of the site, in an easement pry c. Do not dedicate additional right-of-way, but construct a concrete sidewalk along Ustick Road, located at the back of -way. Accomplish all necessary adjustments to properly drainage and utilities. 2. Construct any local roadways that are proposed to intersect offset a minimum of 300 -feet from any existing roadway (z centerline). 3. Construct Bald Cypress Road to provide a miwimuM of 24 the site and should construct a 5 -foot concrete sidewalk on roadway abutting the site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ-04�) PAGE 24 OF 30 .Ment whereby the from the applicant's iterline along Ustick +oximately 500 feet) and Ging the remainder of ilk along Ustick Road, n of Ustick Road and the remainder of the inimum 5 -foot wide 5S.feet from centerline at rom the centerline of vided to the District. mum 5 -foot wide of the existing right- mmodate existing Road to align or d centerline to of pavement abutting south side of the • 4. Construct the driveway that intersects Ustick Road new i intersection a minimum of 440 feet from the signalized u driveway and a minimum of 220 feet fiom the signalized inhight-out only driveway. 5. Construct any driveways that are proposed to intersect minimum of 230 -feet from any existing or proposed db 6. Once the access points have been approved by the District, such on the construction drawings. The remaining frontage collector streets shall be identified as having no access. 7. Construct the internal roadways in accordance with District 8. Extend the existing stub stred from the east property line 9. Comply with requirements of ITD for Eagle Road frontage. regarding the said requirements prior to District approval of of a building permit (or other rewired permits), whichever i Idaho Transportation Department's District M Traffic Engh 8300. 10. Comply with all Standard Conditions of Approval. ACHD Standard Conditions ofApproval 11 Ustick Roa VEagle Road rsection for a full -access tersection for a right- Road ight Road to align or offset a ' or street are to be identified as ig arterial and the site. Submit a letter from ITD the final plat or issuance ccurs first. Contact The car Dan Coonce at 334- 1. 34 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street rOntages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk any that may be damaged during the construction of the proposed developm nt. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are n allowed unless approved in writing by the District. Contact the District's Utility Cooidinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the District Policy Manual, ISPWC Standards and approved sul Services procedures and all applicable ACHD Ordinances u FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRAN nNG APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 25 OF 30 County Highway rents, Construction specifically waived 0 herein. An engineer registered in the State of Idaho shall improvement plans. 6. The applicant shall submit revised plans for staff u building permit (or other required permits), which changes. 7. Construction, use and property development shall be in applicable requirements of the Ada County Highway Di approval for occupancy. and certify all prior to issuance of ates. any required design cmance with all prior to District 8. Payment of applicable road impact fees are required prior building construction in accordance with Ordinance 0197, also Imown as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing of -way. The applicant at no cost to ACRD shall repair w& the applicant The applicant shall be required to call DIOL least two full business days prior to breaking ground withir applicant shall contact ACHD Traffic Operations 387-619( conduits (spare or filled) are compromised during any phas 10. No change in the terms and conditions of this approval sl in writing and signed by the applicant or the applicant's a an authorized representative of the Ada County Highway be upon the applicant to obtain written confirmation of w County Highway District. 11. Any change by the applicant in the planned use of time prop this application, shall require the applicant to comply with ordinances, plans, or other regulatory and legal restrictions applicant or its successors in interest advises the Highway change the planned use of the subject property unless a wk requirements or other legal relief is granted pursuant to the the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department 1. Final approval of the fire hydrant locations shall be by the a. Fire Hydrants shall have the 4 V2" outlet face the m b. The Fire hydrant shall not face a street which does C. Fire hydrant markers shall be provided per Public' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 26 OF 30 rtilides within the right- ing ightting utilities damaged by NE (1-800-342-1S85) at ACHD right-of-way. The in the event any ACRD of construction. be'valid unless they are mized ve and ftict. The burden shall hanae from the Ada' V which is the subject of rules, regulations, force at the time the trict of its intent to r/variance of said On effect at the time follows: ,ridian Fire Department. street or parldng lot aisle. t have addresses on it. rks spec. d. Locations with fire hydrants shall have the curb paiated red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obshvct o to outlets within 10'. 2. All entrance and internal roads shall have a turning radiuso 28' inside and 48' outside radius. 3. Provide a 20' wide Fire Lane for all internal & external 4. Operational fire hydrants and temporary or permanent strut signs are required before combustible construction begins. 5. Fire lanes and streets sball have a vertical clearance of 13'6". This includes mature landscaping. 6. Commercial and office occupancies will require a flow consistent with the International Fire Code to service the proposed project. Firel hydrants shall be placed an average of 300' apart. 7. The commercial project will have an unknown transient pulation and will have an unknown impact on Meridian Fire Department call volu nes. The Meridian Fire Department has experienced 2397 responses in the year 2 3. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected. to reach 2500 in the year 2005 and 3800 by the yaq 2010. 8. Maintain a separation of 5' from the building to the 9. All processes & storage practices shall be required to Code. 10. Fire Sprinklers will be required for all buildings associated 11. No Parking signs and painted curbs will be requited for all 12. Provide exterior egress lighting as required by the E. Adopt the Recommendations of the Meridian Police enclosure. with the International Fire ith this project. re Lanes. al Building & Fire Codes. as follows: 1. Please contact the Police Chief for detailed review of any development proposal and submit stamped (approved) plans with your certificate ofzoz#ng compliance application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04009) PAGE 27 OF 30 F. Adopt the Recommendations of the Sanitary Services Co. as 1. Please contact Bill Gregory at SSC (888-3999) for detailed submit stamped (approved) plans with your certificate of zon G. Adopt the action of the City Council taken at their June 15, For clarification: iew of your proposal and compliance application. meeting as follows: 1. ' The Applicant shah not be required to construct vehicular acm s to the southernmost stub street from Heather Meadows Subdivision located at the boundary of the property, but shall construct a pedestrian pathway to connect to the stub s reet. 2. The Applicant shall provide and install a sound barrier on the property in place of the fencing. 3. The Applicant shall tile the Leighton Lateral with thirty inch 4. The Applicant shall be required to comply with the ITD land frontage on Eagle Road. 5. The Applicant shall be required to provide a public plaza wit] 6. Pertaining to the Staff Report, and in particular to sections sections shall now read as follows: B.3.e.3. Any structure over 50,000 square feet shall require a cor plan review only and not for permitted uses, which are application - B -3-d- The following standard shall apply to all development o loading docks, compactors, emergency genereturs, trash or similar facilities and functions shall be incorporates and/or landscaping design so that the visual and acousti are minimum. All such activities shall be confined bet to 8:00 p.m. 7. The Applicant agreed at the June 15, 2004 public hearing, and with the restrictions on the permitted uses, and shall meet the mi developmsurt. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 28 OF 30 most boundary of the pipe• requirements for the development. I. and B.3.d., and said al use permit for site separately under the the subject property: "All ollecticA outdoor storage into the overall building impacts of said functions venthe hours of 6:00 a.m. be required, to comply use requirements for the • 8. With the provision of a sound wall on the east boundary, fihe to meet the current Meridian City Code requirements Pette Lowe's building. In other words, a berm is not required. 4. The City Ai#orney shall prepare for consideration by the ordinance for the annexation and zoning designation of the real application to (C -G) General Retail and Service Commercial, and 4cant shall only be required to landscaping east of the Council the appropriate which is the subject of the City Code § 11-7-2. S. Subsequent to the passage of the Ordinance provided for ' n section 4 ofthis Order the engineering staff of the Public Works Department shall prepare the apprc opiate mapping changes of the official boundaries and zoning maps as provided in Meridian City with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS The Applicant is hereby notified that pursuant to Idaho Code request a regulatory taking analysis. Such request must be in writing, a City Clerk not more than twenty-eight (28) days after the final decision issue. A request for a regulatory takings analysis will toll the time peri( for Judicial Review may be filed. Please tdm none$ that this is a final action of the governing pursuant to Idaho Code § 67-6521. An affected person being a person property which may be adversely affected by this decision may, within i the date of this decision and order, seek a judicial review as provided by Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04009) PAGE 29 OF 30 § 11-21-1 inaccordance LYSIS 003, the Owner may I must be filed with the moeming the matter at within winch a Petition of the City of Meridian, io has an interest in real nty-eight (28) days after apter 52, Title 67, Idaho By action of the City Council at its regular meeting held 4w the dwy of 2004. ROLL CALL COUNCILMAN SHAUN WARDLE VOTED�k� COUNCILMAN BILL NARY VOTED—#i!0.' COUNCILMAN CHARLIE ROUNTREE VOTED—j Lex, COUNCILMAN KEITH BIRD VOTED_#GLr MAYOR TAMMY de WEERD (TIE-BREAKER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: Attest: `�yof oe '�.. r i William G. Berg, Jr., CityCleW �' '�vq r est • � ���.� Copy served upon Applicant, the Planning' went, Pub 'c Works Department and the City Attorney. By: Clerk ,o Z.� WwWAWwiitlMw1d1m 1536OM1Marloetsgu m AZ4440%AnWWdkft.dw FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AL44-009) PAGE 30 OF 30 • August 31, 2107 MERIDIAN CITY COUNCIL MEETING SepterT APPLICANT fes; •r1:# REQUEST Approve Standard Form of Agreement for Cat Trunk Sewer, Phase 4, Schedule A (Construction) v for $862,676.06 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: See E ITEM NO. 5-K Construction of the Black Brown Construction, Inc. Materials presented at public meetings shall become pp of the City of Meridian. • Memo To: Will Berg; Tara Green From: Max Jensen, Engineering Technician CC: Len Grady, P.E., City Engineer Clint Dolsby, P.E., Staff Engineer Date: 8/27/2007 Re: Proposed Agenda Item for September 4, 2007 City • City Of Meridian City Clerk Office Meeting The Public Works Department respectfully requests the following item be placed on the September 4, 2007 City Council agenda, under Consent Age da, for Council's consideration: Black Cat Trunk Sewer, Phase 4. Shedule A (Construction) Attached is a Standard Form of Agreement with Brown Construction, Inc. for the construction of approximately 3,199 lineal feet of 27 -inch PVC gravib, sewer and other related and miscellaneous work associated with the construction. The contract is for $862,676.06. Recommended Council Action: The Public that City Council approves the Standard I Construction, Inc. for the construction of the Shedule A. Thank you for your consideration. I will forward original review. Please contact me if you have any questions. 0 Page 1 s Department recommends of Agreement with Brown : Cat Trunk Sewer, Phase 4, for signatures upon From the desk of... Max Jensen Engineering Technician Meridian Public Works Department 660 E. Watertower. Suite 200 Meridian, Idaho 83642 Phone: (208) 8985500 Fax (208) 8.989551 jensenrn@ffeddian*.org u CITY OF ?MERIDIAN BLACK CAT TRUNK SEW] PHASE 4, SCHEDULE A ADA COUNTY, IDAHO STANDARD FORM OF AGR BETWEEN OWNER AND COiti ON THE BASIS OF A STIPULA THIS AGREEMENT is by and between the City of Meridian (hereinafter called (hereinafter called CONTRACTOR)_ OWNER and CONTRACTOR, in consideration of the mutual covenants ARTICLE I - WORK PRICE E set forth, agree as follows: CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project consists of construction of approximately 3,199 lineal feet of 27 -inch PVC gravity sewer, 35 lineal feet of 9 -inch gravity sewer, asphalt and other surface repair, manholes, dewatering, traffic control, storm water management, boring, jacking, 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 follows: Black Cat Trunk Sewer, Phase 4, Schedule A ARTICLE 3 - ENGINEER 3.01 The Design Engineer is 1-U B ENGRIEERS, Inc., 250 S. Bee: Construction Project Engineer is the City of Meridian, hereinafter called a assume all duties and responsibilities, and have the rights and authority connection with the completion of the Work in accordance with the Contract ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and Contract Documents are of the essence of the Contract. 00500 - I whole or only a part is generally described as Avenue, Suite 201, Boise, Idaho 83709. The Z, and who is to act as OWNER's representative, to ENGINEER in the Contract Documents in and readiness for final payment as stated in the • 4.02 Days and Dates to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed as Iisted below: 1. Bid Schedule A 0 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 complemd and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 140 days after the ate when the contract times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of th loss if the Work is not completed within the times specified in paragraph 4.1 accordance with Article 12'9f the General Conditions. The parties also recogni: proving in a legal or arbitration proceeding the actual loss suffered by OWNER i1 instead of requiring any such proof; OWNER and CONTRACTOR agree that as 1 CONTRACTOR shall pay OWNER $500 for each day that expires after the Completion of each milestone date listed until the Work is substantially complete. shall neglect, refuse, or fail to complete the remaining Work within the Contract OWNER, CONTRACTOR shall pay OWNER $500 for each day that expire completion of each milestone date listed and readiness for final payment until the R ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in ac current funds equal to the sum of the amounts determined pursuant to paragraphs A. For all Work, at the prices stated in CONTRACTOR's Bid, attached ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in ace( Applications for Payment will be processed by ENGINEER as provided in the 6.02 Progress Payments, Retainage ; Agreement and that OWNER will suffer financial 2 above, plus any extensions thereof allowed in e the delays, expense, and difficulties involved in the Work is not completed on time. Accordingly, quidated damages for delay (but not as a penalty), time specified in paragraph 4.02 for Substantial After Substantial Completion, if CONTRACTOR Time or any proper extension thereof granted by after the time specified in paragraph 4.02 for ork is completed and ready for final payment. with the Contract Documents an amount in 1 A. as an exhibit. with Article 14 of the General Conditions. Conditions. A. OWNER shall make progress payments on account of the Contract Price n 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 6.02.A.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: I. Prior td Substantial Completion, progress payments will be mad 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 or materials and equipment not incorporated In the Work. 00500 _2 0 • 2. Upon Substantial Completion, OWNER. shall pay an amount sufficient to increase total paymenrs 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 Fina! 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 7.0I 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 S - 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 Sire 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 byVENGIIN= is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing 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. AR'T'ICLE 9 - CONTRACT DOCUMENTS F 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 to . inclusive); 4. Other Bonds (pages to , inclusive); a• (pages to . inclusive); b. (pages to ,inclusive); C. (pages to . inclusive); 5. Certificates of Insurance 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 (lSP1xi C). 10. Owner's Revisions to the Standard Specifications and Special Provisions (pages 1 to inclusive). 11. Ada County Highway District Iatest Supplemental Specifications to ISPWC. 12. ITD R.O.W. Encroachment Permit 13. Plans consisting of a cover sheet and sheets numbered 1 through 12 , inclusive with each sheet bearing the following general titles. City of Meridian Black Cat Trunk Sewer, Phase 4, Schedule A Ada County, Idaho .IT. Addenda (numbers to inclusive); 00500-4 0 . 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 Perms 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 • 0 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 triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on Owner CITY OF MERIDIAN By: Name: May De Weerd Attest: Name: William Berg, Jr. City Clerk City Council Approval : 00500-6 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 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 WNER 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): BASE BID SCHEDULE CITY OF MERIDIAN BASE BID SCHEDULE - BLACK CAT TRUNK SEWER - PHASE 4, SCHEDULE A SPEC. PAYMENT ITEM DESCRIPTION -------------------------------------------------------------- EST. REFERENCE (Unit Price/Lurr� Sum Price written in words) QUANTITY UNIT UNIT PRICE TOTAL PRICE 205.4.1.A.1 Dewatering 3149 LF ------------------------------------------------------------- 301.4.1.6.1rench Excavation & Backfill- Depth IY-16' 612 LF -- ---------------------------------------------------- ----- a si p 41+ 301.4.1.B.1 Trench Excavation & Backfill - Depth 16-20' ---------------------------------------------------------------a 585 LF r J a 301.4.1.6.1 Trench Excavation It Backfill - Depth 20'-24' 531 LF --------------------------------------------------------------_ d 301.4.1.B.1 Trench Excavation rt Backfill - Depth 24'-28' ---------------------------------------------------------------_ 385 LF 301.4.1.B.1 Trench Excavation It Backfilt - Depth >28'- 780 LF ---------------------------------------- --------------------- 304.4.1.A.1 Trench Foundation Stabilization ------------------------------------------------------------- 137 CY 306.4.1.D.1 Imported Trench Backfill --------------------------------------------------------------- 1543 CY qr Addendum No. I - 00300-2 • 0 307.4.1.A.1 Miscellaneous Surface Restoration (Landscaping Bed) --- -- - - - -- --- --------------------------------- 2663 SY •S r ' n 307.4.1.A.7 Miscellaneous Surface Restoration (Natural Ground)- 17 LF 0 307.4.1.F.1 Type "P" Surface Restoration (Asphalt Roadway) ------------------------------------------------------------- 36 LF 3 307.4.1.J.1 Gravel Access Road Surface Restoration ------------------------------------------------------------- 1637 LF a! ,-:v.�, 308.4.1.A.1 36" Bore No. 1 - STA. 69+89.50 to STA. 72+31.90- 242 LF ---------------------------------------------------- - / 308.4.1.A.1 36" Bore No. 2 - STA. 57+40.81 to STA. 58+40.81 --------------------------------------------------------------- 100 LF - 11v 4 501.4.1.A.1 Gravity Sewer Pipe - 8" PVC ---------------------------------------------------------- 35 LF 501.4.1.A.1 Gravity Sewer Pipe --- PVC 3199 LF J 502.4.1.8.5 Sanitary Sewer Manhole 60" Type B, 10'-16- Depth ---------------------------------- --------------------------- 1 EA 6a 502.4.1.8.5 Sanitary Sewer Manhole - W Type B, 20'-24' Depth 2 EA va 502.4.1.B.5 Sanitary Sewer Manhole - 60" Type B, 24'-28' Depth ---------------------------------------------------------- 1 EA -Alq Oa l 7 0, 0 502.4.1.B.5 Sanitary Sewer Manhole - 72" Type B, 16-20' Depth --------------------------------------------------------------- 1 EA r v 502.4.1.B.5 Sanitary Sewer Manhole - 72" Type B, 24'-28' nth----------------- 1 EA o 502.4.1.B.5 Sanitary Sewer Manhole - 72" Type B, >28' Depth ------------ ------------------------------------------ 2 EA Iq 502.4.1.C.1 Plastic Lined Sanitary Sewer Manhole - 60" Type B, 10'16Depth----- ----------------------------------------------------- 1 EA 502.4.1.0.1 Plastic Lined Sanitary Sewer Manhole - 72" Type B, 28'-32' Dep--- ------------------------------------------------------------ 1 EA a 5 ' d1. � 1 A 502.4.1.F.1 Conned to Existing Sewer/Manhole 1 EA 706.4.1 A.5 Standard 6 -inch Vertical Curb & Gutter - - - --------------------------------------------- 40 LF 706.4.1.E.1 Remove & Replace Concrete Sidewalk (5' Width) - ---------------------------------------------------------- 642 SY 1103.4.1.A.I Construction Traffic Control -- - ---- - ------------------------------- 1 LS a ! 2010.4.1.A.I Mobilization ----------------------------------------------------------- 1 LS �� 2020.4.1.F.1 Reference & Reset Monuments-- - ---------------------------------------------- 11 EA a — r SP 2142.4.1.A.1 Remove & Reset Fence-- - ----------------------------------------------------- 35 LF f , Addendum No. I - 00300-3 • 0 SP 2142.4. 1. D.1 Remove Ft Reset Water Meter ---------------------------------- I EA SP 2142.4.1.E.1 Remove Ft Replace Monitoring Weil ---------------------------------- 2 FA _ SP 2142.4.1. F.1 Remove Et Replace Seepage Bed ---------------- 1EA - - ------------------------------ - --- ---- Li 6L� SP 2142.4.1.G.1 Remove Ft Reset Water Blow -off -- --------------------------- EA SP 2170.4.1.A.1 Protect Ft Retain Power Pole - ----------------------------------------------------------- 2 EA SP 2216.4.1.A.1 Storm Water Management ------------------------------------------------------------ 1 LS SP 2220.4.1 A.1Stream -ream Crossing 1 LS Cross------- ----------------------------------------- do c�r7 TOTAL OF ALL ESTIMATED PRICES - BASE BID SCIlEDULE TOTAL WRITTEN IN WORDS - BASE BID SCHEDULE r 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. j 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. D- Required bidder- Y l'r afie 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 S lementary Conditions. SUBMITTED on 2007. yy�� Idaho Public Works Contractor License No. %(J A14 - Expiration Date 22 2���_ Addendum No. 1 - 00300-4 August 31, 2007 MERIDIAN CITY COUNCIL MEETING September 4, 2007 APPLICANT ITEM NO. S -L REQUEST Approve Ada County Sheriff's Office Records Billing Agreement AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST. INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. Fri ADA COUNTY SHERIFF'S OFFICE RECORDS BILLING AGREEMENT This RECORDS BILLING AGREEMENT ("Agreement') is between the Ada County Sheriffs Office (the "ALSO") and the law enforcement agency listed below ("Agency'). This Agreement is a standardized billing agreement for the. allocation of costs related to the use, maintenance and upkeep of software, hardware and firmware associated with the New World System utilized by the Ada County Sheriffs Office to manage, track, log and maintain law enforcement files. Agency Utilizing ACSO Central Records Resources: Agency Name: General Contact Person: Agency Address: Billing Contact Person: Email address: Telephone No.: General Terms: This Agreement shall commence on October 1., 2007 and shall continue through September 30, 2008. This Agreement may be reviewed, updated and renewed on an annual basis. Any modifications or extension of this Agreement shall be done in writing and signed by an authorized representative of each party. Relationship: The ACSO utilizes a software system distributed by New World Systems (the "System") through which the ACSO manages, tracks, logs and maintains law enforcement files for and on behalf of the Agency and other law enforcement agencies in the area. The ACSO also maintains the firmware and hardware associated with the System, including but not limited to, digital lines and uninterruptible power sources, (collectively, "Components") in order to maintain the System and Components in optimum working condition. The Agency agrees to help off -set the costs associated with the operation and maintenance of the System and Components on a proportionately equal basis to the percentage the Agency, through the ACSO, utilizes the System and Components. Payment Calculation and Billing: To calculate the amount owed by Agency, the ACSO determines the total number of Daily Reports ("DRs') pulled through the System for all parties who utilize the ACSO for such function. The ACSO then breaks out the number of DR's pulled specifically for the Agency and every other law enforcement agency to determine the percent of usage. The percent to total of DRs pulled specifically for the Agency represents the percent to total due from the Agency for the costs associated with the System and Components. For Fiscal Year 2007 — 2008, Agency shall remit $16,308.60 to ACSO which represents Agency's portion of the costs associated with the System and Software. On an annual basis, using the ACSO's fiscal year of October 1 to September 30, the parties will review the amount due from Agency, as a percent to total, and this Agreement will be amended . each year to show the new amount owed by Agency. Such amendment shall be in writing and signed by authorized representatives of both parties. OMM ASO •, The ACSO shall invoice Agency for the amount due. Agency may choose how to remit payment by indicating which payment method it prefers as noted below (please murk the appropriate box). One annual payment of balance in full due within 30 days of receipt of invoice. Bi -annual payments equal to %: of the total amount due for the current year. The first payment is due on or before October ISth with the second payment due on or before March 15th . F-1 Quarterly payments with the first pa�ntent due on or before October 15'' and subsequent payments due on January 15s', April 15 , and July 15' , respectively. The amount to be paid with each installment is ''/4 of the Agency's total amount due for the current year. aMonthly payments with the first gayment due by on or before the 15'' of each month and subsequent payments due on the 15 of each following month. Upon request, the ACSO will provide Agency with a breakdown of System and Component costs and percentage allocations. Notices: Notices required or contemplated under this Agreement shall be in writing and mailed or hand delivered to the respective party at the following addresses, or such other addresses as a party hereto may from time to time designate in writing to the other: Agency: As noted above ACSO: ad oun en 's Office Gary Raney, Md oun Ski AjNoun Office 7200 Banister Drive Boise, Idaho 83704 Phone: (208) 577-3303 DATED this day of , 2007. Date: ReaWft 8MV AWW- b - e&=) ►11171 "elllOWNMi M:IDIR13O 1 By: Gary Raney, Adi oun Date: N • August 31, 2007 MERIDIAN CITY COUNCIL MEETING September 4, 2007 • APPLICANT ITEM NO. 5-M REQUEST Approve Contract for Heroes Park Tee / pressure Test for Wastewater Reuse with H2 Excavation, LLC for $14,850.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • Memo To: Will Berg; Tara Green; Sharon Smith From Clint Dolsby, Staff Engineer CC: Len Grady, City Engineer • City Of Meridian City Clerk Office Date: 08/30/2007 Re: Proposed Agenda Item for September 04, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the September 4 City Council agenda, under Consent Agenda, for Council's consideration: Heroes Park Tee/Pressure Test for Wastewater Reuse. Three bids were received for this project as summarized below and detailed in the attached spreadsheet: H2 Excavation, LLC $14,850.00 Star Construction, LLC $16,373.58 Mike Rice Excavation $16,278.00 The Project consists of placement of a 16 -inch tee and butterfly valve into the existing Boise River Outfall pipeline, a pressure and leak test of the Boise River Outfall Pipeline and an 8 - inch gate valve on the pipeline that will connect to the Heroes Park Irrigation Pond and other related and miscellaneous work. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Heroes Park Tee/Pressure Test for Wastewater Reuse with H2 Excavation LLC, Inc for $14,850.00 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. 0 Page 1 • lop Excavation, LLC • 843 Blue Grass Way Middleton, ID 83644 Office: 208-585-2492 Fax: 208-585-5976 Cell: 208-941-0237 MikeC@H2Excavation.com Clty of Meridian Tee Installation Total $14,850.00 16' by 8' Tee Cut in. Including valves Installation pipe, and couplers 1.00 LS $10,150.00 $10,150.00 8" Pipe, Including blow -off. 1.00 LS $1,425.00 $1,425.00 Patch back and backfill 1.00 LS $825.00 $825.00 Traffic Control and Right-of-way permit 1.00 LS $1,200.00 $1,200.00 Mobilization 1.00 LS $500.00 $500.00 Total $14,100.00 Testing 2 hour pressure —3—n3le-37 test1.00 LS $750.00 $750.00 Total $75U.UOI • This bid assumes minimal patch back due to Engineer's assertion that the 16' line is off the edge of AC. • This bid assumes minimal traffic control r -o -w permit fees due to the Engineers assertion tee is off edge of A.C. • H2 will assume no responsibility for a failed pressure test due to the unknown condition of the 16' line. • Bid assumes no inspection fees. Thank you for the oppurtunity to bid this project, Michael G. Cole Estimator/Project Manager H2 Excavation 941-0237 MikeC01-12Excavation.com • Star Construction, L.L.C. P.O. Box 157 Star, ID 83669 (208) 286-9198 I Name /Address I City of Meridian 660 E. Watertower Lane, Suite 200 Meridian, ID 83642 Estimate Date Estimate # 8/22/2007 632 Customer Signature Project Boise River Outfall ... Description Qty Rate Total CSCO,materials 1 8,591.69 8,591.69 National Coatings, paint 1 767.00 767.00 Bedding 12 14.75 177.00 3/4" road mix 12 16.52 198.24 ITC, traffic control 1 336.30 336.30 ACHD, permit 1 88.50 88.50 ACHD, discharge de -water permit l 88.50 88.50 ACHD, SEC plan 0 0.00 UW, chain break rental, A/C cut per OSHA, AWWA Sec. 4.5.3 and 1 236.00 236.00 4.5.4 LF, A/C pipe disposal 1 295.00 295.00 PS, pressure test 5 100.30 501.50 Alchem, test analysis 0 59.00 0.00 MM, concrete 1 277.30 277.30 KW, saw cut 15 135.70 20355 A/C repair 1 413.00 413.00 SC, equipment and labor w/ mobe P 10 387.50 3,875.00 SC, pressure testing foreman 5 65.00 325.00 Note: Owner may deduct 616.55 if no asphalt repair is needed. Total $16,373.58 Customer Signature • ! ,3 -220-2W7 06:05A FROM. -RICE EXCAVATION 2088888414 70:3877100 P.1 PROPOSAL Mike Rice Sub itted'To: A , 'J1;*l Smavation ` �,�yer til T.oa �, r � �.QvcalrQa 1016 Larkspur Merldlan. ID 83642 Phone 888.9414 Date ,,� � r 42 Fox -:31-7719)o 0TV ITFU c 4611 /(0 / 7tJMITOPRICE TOTAL 1 i- , r .c. .�: AIR IF!f 0 _ I 0 V V ;w►t...� ./.-_ .fes . V 71 ill -� - • w a WAf/ +,i, u TOTAL ESTIMATE Wel Propose hereby t9 furnish material and labor -- complete 1 accordance with above speoiftoatlons, for the sum of: Is due upon completion. Past slue its will be charged 8% per annum.Af Al malarial 14 guaranteed to be as speWo4 All work to be campteted In a work• nrancke marmer aaaprdrng M etanaard pMofto. Any aReration ar davlaaan from above spackikaftne InvolvIng extra coats wta be executed only upon wdttn amara, and we become an a" over and above the estimate. Aa aotae- mentscmUnPM upon sUlke% accidents ordsiays beyond ow oontraL ow wark ere are fatty covered by Workman's oompenaaHon Insurance Acceptance of Proposal --The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as spedfled. Payment will be made as outlined above. Date of Acceptance Authorized Signature. dollars ($ —* 10 4Z 7f- L7 fk Note: Thle proposal may be withdrawn by us If not accepted within days. signature Signature 0 0 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the day of in the year 2007 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and H2 Excavation LLC. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. The CONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: The Project consists of placement of a 16 -inch tee and butterfly valve into the existing Boise River Outfall pipeline, a pressure and leak test of the Boise River Outfall Pipeline and an 8 -inch gate valve on the pipeline that will connect to the Heroes Park Irrigation Pond and other related and miscellaneous work. The Project for which the Work under the Agreement is described as follows: Heroes Park Tee/Pressure Test for Wastewater Reuse. All replacement materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The Contractor should become familiar with the specifications. Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed within forty five (45) calender days from the date when the Contract Time commences to run. Time is of the essence. Article 4 CONTRACT PRICE. OWNER will pay CONTRACTOR for completion of the Work in current funds as follows: $14,850.00 Article 5 PAYMENT PROCEDURES. The CONTRACTOR will submit an Application for Payment upon completion of the Work. Applications for Payment must be submitted to the Public Works Department. Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the 15"' day of each month during construction for Applications submitted to the Public Works Department prior to the 1 st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until final completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. 8/30/2007 Page I of 3 • Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations: 7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The CONTRACTOR has studied carefully all drawings of physical conditions. 7.3 The CONTRACTOR has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement - N/A. 8.3 Information For Bidders. 8.4 Drawings. 8.5 CONTRACTOR's Quote. 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). 8.10 City of Meridian Standard Specifications & Drawings — 2002 8.11 EJCD General Conditions There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. 8/30/2007 Page 2 of 3 Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on Owner CITY OF MERIDIAN By: Name: Tammy de Weerd. May Attest: William G. Berg, Jr. City Clerk Approved by City Council: 2007. Contractor t�0 �q uq vim\ By NM; &" C Name: A I 8/30/2007 Page 3 of 3 August 31, 2007 MERIDIAN CITY COUNCIL MEETING September 4, 2007 APPLICANT ITEM NO. 5-N REQUEST Approve Contract for Task Order 2.4 — Plant Optimization 1 Filter PreliminaryDesign with CH2M HILL for $42,151 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. v City Of Meridian City Clerk 0flice Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer Daae: 08/30/2007 Re: Proposed Agenda Item for September 5, 2007 City Council Meeting The Public Works Department respectfully requests the following items be placed on the September 5 City Council agenda, under Consent Agenda, for Council's consideration: Task Order 2.4 — Plant Optimization/Filter Preliminary Design CH2M HILL has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $42,151. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12th of December, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services for the preliminary design of a new filter and the continuation of the optimization program at the wastewater treatment plant. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Task Order 2.4 - Plant Optimization/Filter Preliminary Design with CI -12M HILL for $42,151 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. 0 Page 1 TASK ORDER NO. 2.4 UNDER THE MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN AND C112M HILL, INC. This Task order is entered into by and between City of MERIDIAN (OWNER) and CH2M HILL, Inc. (ENGINEER), according to the terms and conditions of the Master Agreement (AGREEMENT) for Professional Services, dated January 1, 2007. See Attachments A and B for the Scope and Fee for Task 2.4 All other terms and conditions of the original agreement will remain in full force and effect. IN WITNESS WHEREOF, the parties execute below: For CH2M HILL, Inc. dated this day of A I, 2007. ame Title For City of Meridian dated this day of , 2007. Tammy de Weerd, Mayor Attest: William G. Berg, Jr. City Clerk Approved By City Council: CJ Task Order 2.4 Attachment A Scope of Services Project Understanding The Wastewater Filtration study outlined option 2 (cloth media/membranes) as the preferred option. The Aquadiamond technology was selected to replace the existing traveling bed sand filter in filter 3, and this equipment will be installed later this year. Another filter is needed to increase the firm filtration capacity of the wastewater treatment plant. Since the existing sand filters 1 and 2 will not be retrofitted, a new filter and tank will be built. This allows the potential use of other filtration technologies besides the Aquadiamond. A canopy will be provided above both the new filter and existing filter 3. All yard piping downstream of the filters will be upsized to 42 inch diameter and a new backwash line to the headworks will be installed. Scope of Work CH2M HILL will perform the tasks for preliminary design of the tertiary filtration facilities as outlined below. Electrical preliminary design will be subcontracted to DC Engineering. SCADA programming is not part of this contract. Final design will follow under a separate contract. Task 1—Project Management 1.1 Staff Management and Task Coordination Project management will consist of supervising project staff, holding consultant staff coordination meetings as required, documenting meeting decisions and action items, and assigning activities to team members. 1.2 Monitor Project Progress Monitor project progress, including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion. Monitor project activities for potential changes, anticipate changes when possible, and with Owner approval, modify project tasks, budgets, and approach. 1.3 Invoices Prepare and submit a monthly billing with backup documentation, per the agreement. Prepare invoices for services performed on a monthly basis, including a summary of work completed and work to be completed for the coming month. 11 1.4 Project Quality Control i Perform project quality control reviews of all deliverables on this project. Senior technologists will be involved in the work tasks from the start and perform these final reviews. 1.5 Opinion of Probable Costs. Opinions of probable construction cost will be prepared for each review meeting. Capital costs include construction costs, associated engineering and construction services costs, legal and administrative cost, sales tax, and appropriate contingency. 1.6 Schedule Evaluation An evaluation of the project schedule will include design, bid and award, equipment delivery (if long lead time), and construction schedule. Long lead items will be identified for prepurchase. Assumptions: None Deliverables: Cost estimates and Construction Schedule Task 2—Preliminary Design Task 2.1 --Field Investigations 2.1.1 Surveying and Mapping The mapping area is generally confined to the area south of existing Filter 3. CH2MHILL will provide a mobilization and control survey including: • Identification of project site. • Research of existing survey data. • Project limits in the field. • Detailed control survey sketch showing set control, found control, coordinate system and elevation benchmark datum. • Additional survey control points as required to map entire site. Topographic Field Mapping Topographic field mapping includes the identification and measurement of existing natural ground and improved structures, consisting of the following: • Adjacent boundary limits and constraints (existing roads, fences, walls, lot lines, etc.) • Identification and measurement of existing, above ground utilities, water, sewer, telephone, power, gas, etc. and location of affiliated utility easements. 0 • • Mapping of existing structures including buildings, building overhangs, sidewalks, fences, retaining walls, landscaping improvements, and any other topographic feature appropriate to the mapping project. • Measurement of existing natural features, trees, canals, ditches, berms, etc. • Measurements along critical topographic breakpoints and breaklines to establish contour mapping at the specified contour interval. Data Reduction and Map Generation The field measurements, generally collected with automated surveying instruments and software, will be downloaded and processed using Computer Aided Drafting and Engineering software. CH2M HILL will perform the data reduction and map generation and develop a certified topographic map and electronic Digital Terrain Model (DTM) files. 2.1.2 As-Bullt Site Visit The design team will make one site visit to take measurements of existing facilities, take photographs of the existing site, and generally familiarize themselves with the facilities. CH2M HILL will rely on the Owner for as -built information regarding buried utilities. 2.1.3 Potholing One day of shallow utility potholing will also be performed at locations to be determined. It is assumed the potholing can be performed with a rubber -tired backhoe and that the potholing will occur within WWTP property. 2.2 Filtration Technology Meeting CH2M HILL will conduct a meeting to review the advantages and disadvantages of the Aquadiamond filter technology versus other filtration technologies for this application. Prepurchase of equipment and construction sequencing will also be discussed. 2.3 — Preliminary Engineering Report An Engineering Report summarizing the preliminary design effort, will be prepared in accordance with IDAPA 58.01.16, Wastewater Rules, and submitted to IDEQ. The Engineering Report will include the following sections: • Coordination With Existing Facilities • Design Criteria • Site Evaluation and Layout • Process Units • Instrumentation and Control System • Regulatory and Code Review • Cost Estimate • Schedule CH2MHILL will submit the draft report to the Owner for review. Review comments will be incorporated and two copies will be submitted to IDEQ Boise Regional Office for review and approval. 2.4 Filter Prepurchase It is assumed that the City desires again to prepurchase the filtration equipment. CH2M HILL will work with the equipment manufacturer and review the filtration equipment proposal for applicability to the Meridian facility. The design drawings will be prepared around this filtration equipment. CH2M HILL will review the equipment manufacturer shop drawings for applicability to the Meridian facility. One proposal review meeting and one shop drawing review meeting will be conducted with plant staff. Assumptions: • City will provide background survey and buried utility information. • City will provide current geotechnical information • City will provide review comments on preliminary design report, filter proposal, and filter shop drawings. Deliverables: • Preliminary engineering report Task 3 Final Design Deferred Task 4 Bid Period Services Deferred Task 5 Plant Optimization CH2M HILL will continue providing Plant Optimization services including ongoing struvite consulting and plant rerating services. Assumptions • This task covers ongoing out of scope work Deliverables: • Struvite Control Memo • Plant Rerating Memo 0 0 Attachment B Compensation Level of Effort The task level of effort estimates are summarized in the following table. CH2M HILL has developed this level of effort estimate based on the work plan presented herein and assumptions stated previously. The fees will be billed as time and material, and will not exceed the total amount below without prior approval by the City. Level of Effort Task Description Total Task 1 Project Management $3,300 2 Preliminary Design $19,577 3 Design $0 4 Bid Period Services $0 5 Plant Optimization $19,274 Summary - All Tasks $42,151 Costs include a5% mark-up on subcontractors. All costs will be billed as time and materials basis not to exceed the value above. Schedule The schedule is listed below: 0 Preliminary design is anticipated to take 4 weeks after NTP • August 31, 2007 MERIDIAN CITY COUNCIL MEETING September 4, 2007 APPLICANT ITEM NO. 5-0 REQUEST Standard Form of Agreement with Commercial Painting, Inc. for Painting and Wall Coverings for the New city Hall 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. Memo To: Will Berg, City Clerk, Sharon Smith From: Keith Watts, Purchasing Agent CC: Tara Green Date: 8/31/07 Re: September 4 City Council Meeting Agenda Item • RICRE, N - - UM AUG 3 1 2007 y of Meridian Ci erk Office The Purchasing Department respectfully requests that the following item be placed on the September 4 City Council Consent Agenda for Council's consideration. Approval of Award and Contract of City Hall Bid Package 11 Painting and Wallcoverings to Commercial Painting Contractors, Inc. in the amount of $151,275.00. This award was previously discussed in Council as the low bidder, Color Craft, made a mistake and withdrew their bid. Commercial Painting Contractors, Inc is the second low bidder and Petra has verified all necessary documents and recommends award to Commercial Painting Contractors, Inc. Recommended Council Action: Approve award and authorization of Contract in the Not -To -Exceed amount of $151,275.00, authorize the Purchasing Agent to issue a Conditional Notice of Award and authorize the Mayor to sign the agreement and City Clerk to attest. Thank you for your consideration. 0 Page 1 1A Document A101/Wa — 1992 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the day of in the year of (In words, indicate day, month and year) BETWEEN the Owner. (Name and address) CITY OF MERIDIAN 33 East Idaho Avenue Meridian, Idaho 83642-2300 and the Contractor. (Name and address) Commercial Painting, Inc. P.O. Box 1115 Caldwell, Idaho 83606 For the following Project: (Include detailed description of Project, location, address and scope.) New Meridian City Hall 33 East Broadway Avenue Meridian, Idaho 83642 An approximately 100,000 square foot, multi -story city hall office building with a basement. The Construction Manager is: (Name and address) PETRA INCORPORATED 1097 N. Rosario Street Meridian, Idaho 83646 The Architect is: (Name and address) LCA ARCHITECTS, P.A. 1221 Shoreline Lane Boise, Idaho 83702 The Owner and Contractor agree as set forth below. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. The 1992 Edition of AIA Document A201/CMa,General Conditions of the Contract for Construction, Construction Manager -Adviser Edition, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. IMt AIA Document A101/CMaTM —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of 1% 1 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. This document was produced / by AIA software at 09:00:19 on 08/15/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (1561654485) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time.) The Contractor acknowledges and agrees that the Owner will suffer financial loss in an amount that is difficult to quantify if the Work is not substantially complete on the date set forth in the Contract Documents. The Owner shall have the option to assess liquidated damages against the Contractor (and its surety, if any) in an amount of Five Hundred & NO/100 Dollars ($500.00) per calendar day, for each calendar day of delay until the Work is substantially complete. The Contractor acknowledges and agrees that the amounts set forth above are a reasonable estimate of the damages that will likely be incurred by Owner in the event the Work is not substantially complete by the date set forth in the Contract Documents, and not a penalty. If responsibility for a delay in substantial completion shared by the Contractor and others, Owner may reasonably apportion the damages between such responsible parties. The right to assess liquidated damages is in addition to, and not in limitation of, any right or remedy available to the Owner or to protect the Owner to address delay by the Contractor, whether such right or remedy is under law, in equity or under Contract Documents. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of One Hundred Fifty One Thousand Two Hundred Seventy Five Dollars & N0/100 ($151,275.0, subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid) § 4.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) ARTICLE 5 PROGRESS PAYMENTS § 5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project Applications and Certificates for Payment issued by the Construction Manager and Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.3 Provided an Application for Payment is submitted to the Construction Mana1er not later than the 25th day of a month, the Owner shall make payment to the Contractor not later than the 20 day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Construction Manager receives the Application for Payment. § 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager or Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. AIA Document A101/CMa m —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved WARNING: This AIA® Document Is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 09:00:19 on 08/15/2007 under Order No.1 OD0295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (1561654485) 0 ) per annum (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 7.3 Temporary facilities and services: (Here insert temporaryfacilities and services which are different from or in addition to those included elsewhere in the Contract Documents.) § 7.4 Other Provisions: (Here list any special provisions affecting the Contract.) ARTICLE 8 TERMINATION OR SUSPENSION § 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. § 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document Al01/CMa, 1992 Construction Manager -Adviser Edition. § 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201/CMa, 1992 Construction Manager -Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated , and are as follows: Document Title Pages Volume 2 Phase III Bidding/General 218 Conditions § 9.1.4 The Specifications are those contained in the Project Manual dated as in Section 9.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Volume I - Technical Specifications 904 pages (Table deleted) § 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: ARCHITECTURAL O.OT Cover Sheet AO.OT Life Safety Plan-Site/Basement Floor AOAT Life Safety Plan- First Floor AO.2T Life Safety Plan- Second Floor Init AIA Document A101/CMaTM —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 09:00:19 on 08/15/2007 under Order No.10002951111 which expires on 4/412008, and is not for rule. User Notes: (1561654485) • A8.4T Interior Details A9.OT Elevator Plans and Sections MECHANICAL PO.0 Mechanical Cover Sheet PO.001 Basement Foundation Plumbing Plan Area I PO.002 Basement Foundation Plumbing Plan Area 2 PO.01 Basement Waster Plan Area 1 PO.02 Basement Waste Plan Area 2 P1.11 First Floor Plumbing Plan Area 1 P1.12 First Floor Plumbing Plan Area 2 P2.11 Second Floor Plumbing Plan Area 1 P2.12 Second Floor Plumbing Plan Area 2 P3.11 Third Floor Plumbing Plan Area 1 P3.12 Third Floor Plumbing Plan -Area 2 P5.0 Plumbing Details P5.1 Plumbing Details MO.11 Basement Floor HVAC Ceiling Plan Area 1 M1.12 Basement Floor HVAC Ceiling Plan Area 2 M1.01 First Floor HVAC Floor Plan Area I M1.02 First Floor HVAC Floor Plan Area 2 M1.11 First Floor HVAC Ceiling Plan Area 1 M1.12 First Floor HVAC Ceiling Plan Area 2 M2.01 Second Floor HVAC Floor Plan Area 1 M2.02 Second Floor HVAC Floor Plan Area 2 M2.11 Second Floor HVAC Floor Plan Area 1 M2.12 Second Floor HVAC Ceiling Plan Area 2 M3.01 Third Floor HVAC Floor Plan Area 1 M3.02 Third Floor HVAC Ceiling Plan Area 1 M3.11 Third Floor HVAC Ceiling Plan Area 1 M3.12 Third Floor HVAC Ceiling Plan Area 2 M4.11 Fourth Floor HVAC Floor Plan Area 1 M4.12 Fourth Floor HVAC Floor Plan Area 2 M5.01 HVAC Roof Plan Area 1 M5.02 HVAC Roof Plan Area 2 M6.0 HVAC Schedules M6.1 HVAC Details M6.2 Hydronic Piping Schematic FP0.1 Basement Floor Overall Fire Protection Plan FPLO First Floor Overall Fire Protection Plan FP2.0 Second Floor Overall Fire Protection Plan (Table deleted) FP3.0 Third Floor Overall Fire Protection Plan FP4.0 Fourth Floor Overall Fire Protection Plan ELECTRICAL ELL Site Electrical Plan E1.1 Shell and Core Site Electrical Details E2.01 F Basement Fire Alarm Plan - Area 1 E2.011, Basement Lighting Plan - Area 1 E2.01M Basement Mechanical Power Pla - Area 1 E2.01P Basement Power Plan - Area 1 E2.01S Basement Special Systems Plan - Area 1 E2.02F Basement Fire Alarm Plan - Area 2 E2.02L Basement Lighting Plan - Area 2 E2.02M Basement Power Plan - Area 2 E2.02S Basement Special Systems Plan - Area 2 E2.1 F First Floor Fire Alarm Plan - Area 1 E2.1 L First Floor Lighting Plan - Area 1 L Init. AIA Document A101MMaTM -1992. Copyright 01992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 7 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 09:00:19 on 08/15/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (1561 &W85) • E2.1 IL First Floor Lighting Plan -Area 1 E2.11 M First Floor Mechanical Power Plan -Area' l' E2.1 1P First Floor Power Plan -Area 1 E2.1 IS First Floor Special Systems Plan -Area 1 E2.12F First Floor Fire Alarm Plan -Area 2 E2.121, First Floor Fire Alarm Plan -Area 1 E2.12L First Floor Lighting Plan -Area 2 E2.12M First Floor Mechanical Power Plan -Area 2 E2.12P First Floor Power Plan -Area 2 E2.12S First Floor Special Systems Plan -Area 2 E2.21F Second Floor Fire Alarm Plan -Area 1 E2.21L Second Floor Lighting Plan -Area 1 E2.21M Second Floor Mechanical Power Plan -Area 1 E2.21P Second Floor Power Plan -Area 1 E2.21S Second Floor Special Systems Plan -Area 1 E2.22F Second Floor Fire Alarm Plan -Area 2 E2.22L Second Floor Lighting Plan -Area 2 E2.22M Second Floor Mechanical Power Plan -Area 2 E2.22P Second Floor Power Plan -;Area 2 E2.22S Second Floor Special Systems Plan -Area 2 E2.31F Third Floor Fire Alarm Plan -Area 1 E2.31L Third Floor Lighting Plan -Area 1 E2.31M Third Floor Mechanical Power Plan -Area 1 E2.31P Third Floor Power Plan -Area 1 E2.31 S Third Floor Special Systems Plan -Area 1 E2.32F Third Floor Fire Alarm Plan -Area 2 E2.321, Third Floor Lighting Plan -Area 2 E2.32M Third Floor Mechanical Power Plan -Area 2 E2.32P Third Floor Power Plan -Area 2 E2.32S Third Floor Special Systems Plan -Area 2 E2.40 Overall -Roof Electrical Plan E2.50 Penthouse Electrical Plans E3.00 Electrical Schedules E3.01 Electrical Schedules E3.02 Electrical Schedules E3.03 Electrical Schedules E3.04 Electrical Schedules E3.05 Electrical Schedules E4.00 Electrical Details E4.01 Electrical Details E5.00 One Line Diagram E5.01 Lighting Compliance Certificate § 9.1.6 The Addenda, if any, are as follows: Number Date Pages Addendum A 6-18-07 1 Addendum B 7-2-07 182 Addendum C 7-9-07 4 Addendum D 7-16-07 42 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: AIA Document A101/C9aTu —1982. Copyright B 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is lnit' protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 9 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 09:00:19 on 08/15/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (1561654465) 0 Document A201/CMam —1992 General Conditions of the Contract for Construction where the Construction Manager is NOT a Constructor for the following PROJECT: (Name and location or address): New Meridian City Hall 33 East Broadway Avenue Meridian, Idaho 83642 THE OWNER: (Name and address): CITY OF MERIDIAN 33 East Idaho Avenue Meridian, Idaho 83642-2300 THE ARCHITECT: (Name and address): LCA ARCHITECTS, P.A. 1221 Shoreline Lane Boise, Idaho 83702 TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ADMINISTRATION OF THE CONTRACT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added Information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary Information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201/Cbta- —1992. Copyright ©1992 by The American Inslitute of Architects. All rtghte reserved. WARNING: This AIA® Document is Init protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portionof it, 1 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 13:48:58 on 04127/2007 under Order No.1000295111_1 which expires on 414/2008, and is not for resale. User Notes: (34924044) • E Init. AIA Document A201/CMaTa —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AW® Document, or any portion of 1% .3 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:48:58 on 04/27/2007 under Order No.10002951 111 which expires on 4/4/2008, and Is not for resale. Usm Notes: (34924044) 13.5.2, 4.6.16, 4.7.6, 14.2.2, 14.2.4 9.4.3, 9.5.1, Architect's Inspections 4.6.5, 4.6.16, 9.8.2, 9.9.2, 4.7.6, 9.4.3, 9.10.1, 13.5 9.8.2, 9.9.2, Asbestos 10.1.2, 9.10.1, 13.5 10.1.3,.10.1.4 Architect's Instructions 4.6.10, Attorneys' Fees 3.18.1, 4.6.12, 7.4.1, 9.10.2, 10.1.4 9.4.3, 12.1, Award of Separate 6.1.1 13.5.2 Contracts Architect's Interpretations 4.6.18, Award of Subcontracts 5.2 4.6.19, 4.7.7 and Other Contracts for Architect's On -Site 4.6.5, 4.6.9, Portions of the Work Observations 4.7.6, 9.4.3, Basic Definitions 1.1 9.5.1, 9.10.1, Bidding Requirements 1.1.1, 1.1.7, 13.5 5.2.1, 11.4.1 Architect's Project 4.6.17 Boiler and Machinery 11.3.2 Representative Insurance Architect's Relationship 1.1.2, 3.2.1, Bonds, Lien 9.10.2 with Contractor 3.2.2, 3.3.3, Bonds, Performance and 7.3.6.4, 3.5.1, 3.7.3, Payment 9.10.3, 3.11, 3.12.8, 11.3.9, 11.4 3.12.11, 3.16, Building Permit 2.2.3, 3.7.1 3.18, 4.6.6, Capitalization 1.4 4.6.7, 4.6.10, Certificate of Substantial 9.8.2 4.6.12, Completion 4.6.19, 5.2, Certificates for Payment 4.6.8, 4.6.9, 6.2.2, 7.3.4, 9.3.3, 9.4, 9.8.2, 10.1.2, 9.5, 9.6.1, 10.1.4, 9.6.6, 9.7.1, 10.1.5, 9.8.3, 9.10.1, 11.3.7, 12.1, 9.10.3, 13.7, 13.5 14.1.1.3, Architect's Relationship 1.1.2, 2.4.1, 14.2.4 with Construction Manager 3.12.6, Certificates of Inspection, 3.12.11, 3.12.8, 4.6.8, Testing or Approval 13.5.4 4.6.10, Certificates of Insurance 9.3.2, 9.10.2, 4.6.14, 11.1.3 4.6.16, Change Orders 1.1.1, 2.4.1, 4.6.18, 6.3.1, 3.8.2.4, 9.7.1, 9.8, 3.11.1, 9.9.1,9.9.2, 4.6.13, 4.7.3, 9.10.1, 5.2.3, 7.1, 9.10.2, 7.2, 7.3.2, 9.10.3, 8.3.1, 9.3.1.1, 12.2.4, 9.10.3, 13.5.1, 11.3.1.2, 13.5.2, 11.3.4, 13.5.4, 14.2.4 11.3.9, 12.1.2 Architect's Relationship 1.1.2, 4.6.6, Change Orders, Definition 7.2.1 with Subcontractors 4.6.7, 4.6.10, of 5.3.1, Changes 7.1 9.6.3,9.6.4, CHANGES IN THE 3.11, 4.6.13, 11.3.7 WORK 4.6.14, 7, Architect's Representations 9.4.3, 9.5.1, 8.3.1, 9.3.1.1, 9.10.1 10.1.3 Architect's Site Visits 4.6.5, 4.6.9, Claim, Definition of 4.7.1 Init. AIA Document A201/CMaTa —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AW® Document, or any portion of 1% .3 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:48:58 on 04/27/2007 under Order No.10002951 111 which expires on 4/4/2008, and Is not for resale. Usm Notes: (34924044) • 0 and Responsibility 3.17.1, Construction Manager, and 3.10.3 3.18.1, Submittals 3.18.3, 4.6.3, Construction Manager's 12.2.1, 12.2.4 4.6.4, 4.6.6, Additional Services and 4.6.11, 5.2, Expenses 6.2.1, 6.2.2, Construction Manager's 4.6, 9.4, 9.5 7.1.2, 7.2.1, Administration of the 7.3.4, 7.3.6, Contract 7.3.9, 8.3.1, Construction Manager's 2.4.1, 3.10.3 9.2.1,9.3.1, Approval 9.4.1, 9.4.2, Construction Manager's 4.6.10, 12.2.1 9.4.3, 9.7.1, Authority to Reject Work 9.8.2, 9.9.1, Construction Manager's 7.3.6, 7.3.7, 9.10.1, Decisions 7.3.8, 9.3.1, 9.10.2, 9.4.1, 9.5.1 9.10.3, Construction Manager's 4.6.10, 9.4.3, 10.1.1, Inspections 9.8.2, 9.9.2, 10.1.2, 12.1.1 10.1.5, Construction Manager's 9.5.1 10.2.6, On -Site Observations 11.3.7, 12.1, Construction Manager's 1.1.2, 4.6.8, 13.5.1, Relationship with Architect 4.6.10, 13.5.2, 4.6.11, 13.5.3, 13.5.4 4.6.14, Construction Manager's 2.2.3, 4.6.1, 4.6.16, Relationship with Owner 4.6.2, 10.1.6 4.6.18, 6.3.1, Construction Manager's 9.2.1, 9.4.2, Relationship with Other 9.4.3, 9.51, Contractors and Owner's 4.6.3 9.6.1, 9.6.3, Own Forces 9.8.2, 9.8.3, Construction Manager's 4.6.10, 5.3.1, 9.9.1, 9.10.1, Relationship with 9.6.3, 9.6.4 9.10.2, Subcontractors 9.103, Construction Manager's 9.4.3, 9.5.1 11.1.3, Representations 12.2.4, Construction Manager's 9.4.4, 9.5.1 13.5.1, Site Visits 13.5.2, Construction Schedules, 3.10, 4.6.3, 13.5.4, Contractor's 4.6.4 14.2.2, 14.2.4 Contingent Assignment of 5.4 Construction Manager's 3.2.1, 3.2.2 Subcontracts Relationship with 3.3.1, 3.3.3, Continuing Contract 4.7.4 Contractor 3.5.1, 3.7.3, Performance 3.10.1, Contract, Definition of 1.1.2 3.10.2, CONTRACT, 4.7.7, 5.4.1.1, 3.10.3, TERMINATION OR 14 3.11.1, SUSPENSION OF THE 3.125, Contract Administration 3.3.3, 4, 9.4, 3.12.6, 9.5 3.12.8, Contract Award and 3.7.1, 3.10, 3.12.9, Execution, Conditions 5.2,9.2, 3.12.10, Relating to 11.1.3, 3.12.11, 11.3.6, 11.4.1 3.13.2, Contract Documents, The 1.1, 1.2, 7 3.14.2, Contract Documents, 1.3, 2.2.5, 5.3 3.15.2, Copies Furnished and Use 3.16.1, of (t111. AIA Document AM1/CNb- —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIO Documem or any portion of it, 5 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced j by AIA software at 13:48:58 on 04/27/2007 under Order No.10002951111 which expires on 4/4/2006, and is not for resale. User Notes: (34924044) [nit AIA Document A201/CMa- —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 7 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document wes produced / by AIA software at 13:48:58 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and Is not for resale. User Notes (34924044) 9.10.3, 9.5.1.6, 9.7 10.1.2, 11.4.2 Date of Commencement of 8.1.2 Contractor's 3.9, 10.2.6 the Work, Definition of Superintendent Date of Substantial 8.1.3 Contractor's Supervision 1.2.4, 3.3, Completion, Definition of and Construction 3.4, 4.6.6, Day, Definition of 8.1.4 Procedures 8.2.2, 8.2.3, Decisions of the Architect 4.6, 4.7, 6.3, 10 8.1.3, 8.3.1, Contractual Liability 11.1.1.7, 9.2, 9.4, Insurance 11.2.1, 9.5.1, 9.8.2, 11.3.1.5 9.9.1, 10.1.2, Coordination and 1.2.2, 1.2.4, 13.5.2, Correlation 3.3.1, 3.10, 14.2.2, 14.2.4 3.12.7, 6.2.1 Decisions of the 4.3, 7.3.6, Copies Furnished of 1.3, 2.2.5, Construction Manager 7.3.7, 7.3.8, Drawings and 3.11 9.3.1, 9.4.1, Specifications 9.4.3, 9.5.1 Correction of Work 2.3, 2.4, Decisions to Withhold 9.5, 9.7, 3.2.1, 4.6.1, Certification 14.1.1.3 9.8.2, 9.9.1, Defective or 12.1.2, 12.2, Nonconforming Work, 13.7.1.3 Acceptance, Cost, Definition of 7.3.6 Rejection and Correction of 2.3, 2.4, Costs 2.4, 3.2.1, 3.5.1, 4.6.1, 3.7.4, 3.8.2, 4.6.10, 4.7.5, 3.15.2., 4.7.6, 9.5, 9.8.2, 4.7.7, 4.7.8.1, 9.9.1, 10.2.5, 5.2.3, 6.1.1, 12, 13.7.1.3 6.2.3, 6.3.1, Defective Work, Definition 3.5.1 7.3.3.3, 7.3.6, of 7.3.7, 9.7, Definitions 1.1, 2.1.1, 9.8.2, 9.10.2, 3.1, 3.5.1, 11.3.1.2,11.3. 3.12.1, 1.3, 11.3.4, 3.12.2, 11.3.9, 12.1, 3.12.3, 4.1.1, 12.2.1, 4.2.1, 4.7.1, 12.2.4, 5.1, 6.1.1, 12.25, 13.5, 7.2.1, 7.3.1, 14 7.3.6, 8.1, Cutting and Patching 3.14, 6.2.6 9.1, 9.8.1 Damage to Construction of Delays and Extensions of 4.7.1, 4.7.8.1, Owner or Other Time 4.7.8.27 6.1.1, Contractors 3.14.2, 6.2.4, 6.2.3, 7.2.1, 9.5.1.5, 7.3.1.3, 7.3.4, 10.2.1.2, 7.3.5, 7.3.8, 10.2.5, 10.3, 7.3.9, 8.1.1, 11.1, 11.3, 8.3, 10.3.1, 12.2.5 14.1.1.4 Damage to the Work 3.14.2, 9.9.1, Disputes 4.7, 4.8, 4.9, 10.2.1.2, 6.2.5, 6.3, 10.2.5, 10.3, 7.3.8, 9.3.1.2 11.3 Documents and Samples at 3.11 Damages, Claims for 3.18, 4.6.9, the Site 6.1.1, 6.2.5, Drawings, Definition of 1.1.5 8.3.2, 9.5.1.2, Drawings and 10.1.4 Specifications, Use and Damages for Delay 6.1.1, 8.3.3, Ownership of 1.1.1, 1.3, [nit AIA Document A201/CMa- —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 7 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document wes produced / by AIA software at 13:48:58 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and Is not for resale. User Notes (34924044) Insurance Companies, Consent to Partial Occupancy Insurance Companies, Settlement with Intent of the Contract Documents Interest Interpretation Interpretations, Written Joinder and Consolidation of Claims Required Judgment on Final Award Labor and Materials, Equipment Labor Disputes Laws and Regulations Liens Limitation on Consolidation or Joinder Limitations, Statutes of Limitations of Authority Limitations of Liability 0 9.9-1,11.3.11 11.3.10 1.2.3, 3.12.4, 4.6.10, 4.6.12, 4.6.19, 4.6.20, 7.4 13.6 1.2.5, 1 1S, 4.1.1, 4.7.1, 5.1, 6.1.2, 8.1.4 4.6.18, 4.6.19, 4.7.7 4.9.5 4.9.1, 4.9.4.1, 4.9.7 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.6.12, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 12.2.4, 14.1.2, 14.2.1, 14.2.2 8.3.1 1.3, 3.6, 3.7, 3.13, 4.1.1, 4.9.5, 4.9.7, 9.9.1, 10.2.2, 11.1, 11.3, 13.1, 13.4.1, 13.5.1, 13.5.2, 13.6 2.1.2, 4.7.2, 4.7.5.1, 8.2.2, 9.3.3, 9.10.2 4.95 4.9.4.2, 12.2.6, 13.7 3.3.1, 4.6.12, 4.6.17, 5.2.2, 5.2.4, 7.4, 11.3.10 2.3, 3.2.1, 3.5.1, 3.7.3, 3.12.8, 3.12.11, 3.17, Limitations of Time, General Limitations of Time, Specific Loss of Use Insurance Material Suppliers 0 3.18, 4.6.10, 4.6.12, 4.6.19, 6.2.2, 9.4.3, 9.6.4, 9.10.4, 10.1.4, 10.2.5, 11.1.2, 11.2.1, 11.3.7, 13.4.2, 13.5.2 2.2.1, 2.2.4, 3.2.1, 3.7.3, 3.8.2, 3.10, 3.12.5, 3.15.1, 4.6.1, 4.6.12, 4.6.18, 4.7.2, 4.7.3, 4.7.4, 4.7.6,.4.7.9, 4.6.4.2, 5.2.1, 5.2.3, 6.2.4, 7.3.4, 7.4, 8.2, 9.2, 9.5, 9.6.2, 9.8, 9.10, 11.1.3, 11.3.1, 11.3.2, 11.3.5, 11.3.6, 12.2.1, 12.2.2, 13.5, 13.7,14.3 2.1.2, 2.2.1, 2.4, 3.10, 3.11, 3.15.1, 4.6.1, 4.6.18, 4.7, 4.8, 4.9, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, 9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6, 11.3.10, 11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14.1, 14.2.2 11.3.3 1.3.1, 3.12.1, 4.6.7, 4.6.10, 5.2.1, 9.3.1, 9.3.1.2, 9.3.3, IMt AIA uocuma R A201/CUBTa —1992. Copyright ©1992 by The American Institute of Architects. Ali rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and Intemadonal Trestles. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced 9 / by AIA software at 13:48:58 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and Is not for resale. User Notes: (34924044) Owner's Financial Capability Owner's Liability Insurance Owner's Loss of Use Insurance Owner's Relationship with Subcontractors Owner's Right to Carry Out the Work Owner's Right to Clean Up Owner's Right to Perform Construction with Own Forces and to Award Other Contracts Owner's Right to Stop the Work Owner's Right to Suspend the Work Owner's Right to Terminate the Contract Ownership and Use of Architect's Drawings, Specifications and Other Documents Partial Occupancy or Use Patching, Cutting and Patents, Royalties and Payment, Applications for Payment, Certificates for Payment, Failure of Payment, F"mall • 0 9.3.1, 9.3.2, 11.4.1, Payment Bond, 12.2.4, Performance Bond and 13.5.2, 14.2, 14.3.1 Payments, Progress 2.2.1, 14.1.1.5 11.2 Permits, Fees and Notices 2.3, 4.7.7 PERSONS AND 14.3 PROPERTY, PROTECTION OF 14.2 Polychlorinated Biphenyl 1.1.1,13, 2.2.5, 5.3 9.6.6, 9.9, 11.3.11 3.14, 6.2.6 3.17 4.6.9, 9.2, 93, 9.4, 9.5.1, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 14.2.4 4.6.9, 4.6.16, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 4.7.7, 9.5.1.3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2 4.6.1, 4.6.16, 4.7.2, 4.7.5, 9.10, 11.1.2., 11.1.3, Product Data, Definition of Product Data and Samples, Shop Drawings Progress and Completion Progress Payments Project, Definition of the Project Manual, Definition of the Project Manuals Project Representatives Property Insurance PROTECTION OF PERSONS AND PROPERTY Regulations and Laws Rejection of Work Releases of Waivers and Liens 11.35, 12.3.1 7.3.6.4, 9.10.3, 11.3.9,11A 4.7.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 9,14 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 11.3.8, 14.2.1.2 10.1.2, 10.1.3, 10.1.4 7.3.6.4, 9.10.3, 11.3.9, 11.4 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2 10 10.1.2, 10.1.3, 10.1.4 3.12.2 3.11, 3.12, 4.2.7 4.6.5, 4.7.4, 8.2 4.7.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 1.1.4 1.1.7 2.2.5 4.6.17 10.2.5,113 10 1.3, 3.6, 3.7, 3.13, 4.1.1, 4.9.7, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14 3.5.1, 4.6.10, 12.2. 9.10.2 /NA Document A2M/CMa'm —1992. Copyright O 1992 by The American Institute of Architects. AN WARNING: This Inti protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution ofthisreserved. Document, or any ®portion of itent may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produces / by AIA software at 13:48:58 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and Is not for resale. User Notes: (34924044) PAYMENTS AND 11.3.3 COMPLETION Payments to 1.1.2, 5.2.1, Subcontractors 5.4.1, 9.6.4 2.4, 12.2.4, 14.2.2.2 PCB 6.3 Performance Bond and 6.1 Payment Bond Permits, Fees and Notices 2.3, 4.7.7 PERSONS AND 14.3 PROPERTY, PROTECTION OF 14.2 Polychlorinated Biphenyl 1.1.1,13, 2.2.5, 5.3 9.6.6, 9.9, 11.3.11 3.14, 6.2.6 3.17 4.6.9, 9.2, 93, 9.4, 9.5.1, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 14.2.4 4.6.9, 4.6.16, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 4.7.7, 9.5.1.3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2 4.6.1, 4.6.16, 4.7.2, 4.7.5, 9.10, 11.1.2., 11.1.3, Product Data, Definition of Product Data and Samples, Shop Drawings Progress and Completion Progress Payments Project, Definition of the Project Manual, Definition of the Project Manuals Project Representatives Property Insurance PROTECTION OF PERSONS AND PROPERTY Regulations and Laws Rejection of Work Releases of Waivers and Liens 11.35, 12.3.1 7.3.6.4, 9.10.3, 11.3.9,11A 4.7.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 9,14 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 11.3.8, 14.2.1.2 10.1.2, 10.1.3, 10.1.4 7.3.6.4, 9.10.3, 11.3.9, 11.4 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2 10 10.1.2, 10.1.3, 10.1.4 3.12.2 3.11, 3.12, 4.2.7 4.6.5, 4.7.4, 8.2 4.7.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 1.1.4 1.1.7 2.2.5 4.6.17 10.2.5,113 10 1.3, 3.6, 3.7, 3.13, 4.1.1, 4.9.7, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14 3.5.1, 4.6.10, 12.2. 9.10.2 /NA Document A2M/CMa'm —1992. Copyright O 1992 by The American Institute of Architects. AN WARNING: This Inti protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution ofthisreserved. Document, or any ®portion of itent may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produces / by AIA software at 13:48:58 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and Is not for resale. User Notes: (34924044) Subrogation, Waivers of 6.1.1, 11.3.5, Extensions of 8,3 113.7 Time Limits, Specific 2.1.2, 2.2.1, Substantial Completion 4.6.16, 8.1.1, 2.4, 3.10, 8.1.3, 8.2.3, 4.6.18, 4.7, 9.8, 9.9.1, 4.8.1, 4.8.3, 12.2.1, 4.8.4, 4.9.1, 12.2.2, 13.7 4.9.4.1, Substantial Completion, 9.8.1 4.9.4.2, 5.3, Definition of 5.4, 7.3.5, Substitution of 5.2.3, 5.2.4 7.3.9, 8.2, Subcontractors 9.2, 9.3.1, Substitution of Architect 4.4 9.3.3, 9.4.1, Substitution of 4.4 9.6.1, 9.7, Construction Manager 9.8.2, 9.10.2, Substitutions of Materials 3.5.1 11.1.3, Sub -subcontractor, 5.1.2 11.3.6, Definition of 11.3.10, Subsurface Conditions 4.7.6 11.3.11, Successors and Assigns 13.2 12.2.2, Superintendent 3.9, 10.2.6 12.2.4, Supervision and 1.2.4, 33, 12.2.6, 13.7, Construction Procedures 3.4, 4.6.6, 14 4.7.4, 6.2.4, Time Limits on Claims 4.7.2, 4.73, 7.1.3, 7.3.4, 4.7.6, 4.7.9, 8.2, 8.3.1, 10, 4.8, 4.9 12,14 Title to Work 9.3.2, 9.3.3 Surety 4.8.1, 4.8.4, UNCOVERING AND 12 5.4.1.2, CORRECTION OF 9.10.2, WORK 9.10.3, 14.2.2 Uncovering of Work 12.1 Surety, Consent of 9.10.2, 9.10.3 Unforeseen Conditions 4.7.6, 8.3.1, Surveys 2.2.2, 3.18.3 10.1 Suspension by the Owner 143 Unit Prices 7.1.4, 7.3.3.2 for Convenience Use of Documents 1.1.1, 1.3, Suspension of the Work 4.7.7, 5.4.2, 2.2.5, 3.12.7, 14.1.1.4, 14.3 5.3 Suspension or Termination 4.7.7, 5.4.1.1, Use of Site 3.13, 6.1.1, of the Contract 14 6.2.1 Taxes 3.6, 7.3.6.4 Values, Schedule of 9.2, 9.3.1 Termination by the 14.1 Waiver of Claims: Final 4L7.5,4.9.1, Contractor Payment 9.10.3 Termination by the 5.4.1.1, 14.2 Waiver of Claims by the 13.4.2 Owner for Cause Architect Termination of the 4.4 Waiver of Claims by the 9.10.4, Architect Contractor 11.3.7, 13.4.2 Termination of the 4.4 Waiver of Claims by the 4.75, 4.9.1, Construction Manager Owner 9.9.3, 9.10.3, Termination of the 14.2.2 11.3.3, Contractor 11.35, TERMINATION OR 14 11.3.7, 13.4.2 SUSPENSION OF THE Waiver of Liens 9.10.2 CONTRACT Waivers of Subrogation 6.1.1, 11.3.5, Tests and Inspections 3.3.3, 4.6.10, 113.7 4.6.16, 9.4.3, Warranty and 3S, 4.6.16, 12.2.1,135 Warranties 4.7.5, 9.3.3, TIME 8 9.8.2, 9.9.1, Time, Delays and 4.7.8, 7.2.1, 12.2.2, [nit M Document A201/CMR--1992' Copyright ©1992 by The American Institute of Architects. Alf rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, ar any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced 1.3 J by AIA software at 13:48:58 on 04/27/2007 under Order No.1 0002951111 which expires on 4/4/2008, and is not for resale. User Notes: (34924044) ARTICLE 1 GENERAL PROVISIONS § 1.1 BASIC DEFINITIONS § 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). § 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between the Construction Manager and Contractor, (3) between the Architect and Construction Manager, (4) between the Owner and a Subcontractor or Sub -subcontractor or (5) between any persons or entities other than the Owner and Contractor. The Construction Manager and Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of their duties. § 1.1.3 THE WORK The term "Work" means the construction and services required, implied, or reasonably inferable from the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. The Work includes providing such supplementary or miscellaneous items, appurtenances and devises to the extent required by, or reasonably inferable from, the Contract Documents (whether shown or not) incidental to or necessary for a sound, secure, complete and functional installation. Further, the Work includes all labor, materials, equipment and services necessary to complete its Work in accordance with all applicable laws, including building related code requirements. § 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by other Contractors and by the Owner's own forces including persons or entities under separate contracts not administered by the Construction Manager. § 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. § 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. § 1.1.8 FURNISH Unless specifically limited in context, the word "furnish" and any derivatives thereof shall mean to deliver the specified items, materials or equipment (and all necessary appurtenances to the extent required by, or reasonably inferable from, the Contract Documents for a proper installation) to the Project site and store in a secure location. AIA Document A201/CMara —1992. Copyright ©1992 by The American Institute of Architects. All Ing, rights reserved, WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. This document was produced 15 / by AIAUser Notes: at 13:48:58 on 04/27/2007 under Order No.1000295111 1 which expires on 4/412008, and is not for resale. (34924444) • § 1.2.6 In the event of an inconsistency, conflict, or ambiguity between or among the Contract Documents that cannot be resolved consistent with the provisions of Sections 1.1 and 1.2, the Contractor shall request a clarification from the Construction Manager. For the purpose of determining which Work affected by an unresolved inconsistency, conflict, or ambiguity shall be presumed to be included in the Contract Sum, the Contract Documents shall take precedence in the following order. .1 Written modifications to the Agreement; Change Orders, Construction Change Directives and ASIS, with those a later date taking precedence over those of an earlier date; .2 The Agreement; .3 Written Supplementary Conditions, if any, to the General Conditions; .4 General Conditions; .5 Specifications, .6 Drawings. Drawing details shall have precedence over plans, sections and elevations. Drawings of a larger scale shall have precedence over those of a smaller scale. Figured dimensions shall have precedence over scaled dimensions. § 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS § 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub -subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Owner shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Owner, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub -subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner. The Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Wor1c under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Owner's copyright or other reserved rights. § 1.3.2 Although Owner requested Architect to prepare Construction Documents that are accurate, adequate, consistent, coordinated, and sufficient for construction, OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO CONTRACTOR CONCERNING SUCH DOCUMENTS. Contractor again hereby acknowledges and represents that it has received, reviewed, and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated, and sufficient for construction, and that Contractor has not, does not, and will not rely upon any representations or warranties by Owner concerning such documents, as no such representations or warranties have been or are hereby made. § 1.4 CAPITALIZATION § 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. § 1.5 INTERPRETATION § 1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.6 RELATIONSHIP BETWEEN PROJECT TEAM MEMBERS § 1.6.1 The Owner and Contractor agree that their objectives for this Contract are to: .1 Complete the Project according to the highest standards of quality; .2 Complete the Project on time; .3 Complete the Project within or under budget or estimates; Init AIA Document A201/C1taTs —1942. Copyright ©1992 by The American Institute of Architects. All rights reserved WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced 17 / by AIA software at 13:48:58 on 04/27/2007 under Order No.1000295111 1 which expires on 414/2008, and is not for resale. User Nates: — (34924044) § 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. § 2.2.6 The Owner shall forward all communications to the Contractor through the Construction Manager and shall contemporaneously provide the same communications to the Architect. § 2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). § 2.3 OWNER'S RIGHT TO STOP THE WORK § 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. § 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK § 2.4.1 If the Contractor defaults or neglects to cant' out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Construction Manager's and Architect's and their respective consultants' additional services and expenses made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR § 3.1 DEFINITION; REPRESENTATIONS AND WARRANTIES § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout this Agreement as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. § 3.1.2 The plural term "Contractors" refers to persons or entities who perform construction under Conditions of the Contract that are administered by the Construction Manager, and that are identical or substantially similar to these Conditions. § 3.1.3 The Contractor makes the following express representations and warranties to the Owner, which shall survive the execution and delivery of the Agreement: .1 Contractor is fully qualified to act as a public works contractor for the Project and has, and shall maintain, any and all licenses, permits, or other authorizations necessary to perform the Work; .2 Contractor has become familiar with the Project site and the conditions under which the Project is to be constructed and operated; .3 Contractor has become familiar with all legal requirements applicable to the Work, including, not limited to, all applicable laws, statutes, ordinances and building codes; .4 Contractor has received, reviewed, compared, studied and carefully examined all of the Contract Documents and, except as reported, found them in all respects to be complete, accurate, adequate, consistent, coordinated and sufficient for the bidding and construction of the Work. Such review, comparison, study, and examination shall be a warranty that the Contract Documents are complete and the Project is buildable as described therein, except as reported to Construction Manager in writing; and A That the Contract Time is a reasonable period for performing the work. [nit protected Document A201/CINaru —1992. Copyright ©1892 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AW Document, or any portion of it, 9 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 13:48:58 on 04/27/2007 under Order No.1 00029511 1_1 which expires on 4/4/2008, and is not for resale. User Notes: (34924044) • .3 Substantial advantage is offered to the Owner after deducting offsetting disadvantages including delays, additional compensation to Architect and Construction Manager for redesign, investigation, evaluation and other necessary services and similar considerations; and .4 The specified product or method or construction cannot be provided in a manner that is compatible with other materials, or cannot be properly coordinated, warranted, or insured, and where the Contractor certifies that the substitution will overcome the deficiency. § 3.4.4 By making requests for substitutions based on Section 3.4.3 above, the Contractor. .1 Represents that he has personally investigated the proposed substitute and determined that it is equal or superior in all respects to that specified; .2 Represents that it will provide the same warranty for the substitution that it would for that specified; .3 Certifies that the cost data presented is complete and includes all related costs under separate contracts, but excludes the Architect's redesign costs, and waives all claims for additional costs related to the substitution which subsequently becomes apparent; and A Will coordinate the installation of the accepted substitute, making such changes'as may be required for the Work to be complete in all respects. § 3.4.5 All materials delivered by or on account of the Contractor and intended to be incorporated into the construction of the Project shall become the property of the Owner as delivered, but the Contractor may repossess himself of any surplus remaining at the completion of this Contract. All scaffolding, apparatus, ways, works, machinery and plans brought upon the premises by the Contractor shall remain his property, but in the case of default, and completion of the Work by the Owner, Owner shall be entitled to use such scaffolding, apparatus, ways, works, machinery and plans without cost or liability for depreciation or damage by such use and without prejudice to Owner's other rights or remedies for any damage or loss sustained by reason of said default. § 3.5 WARRANTY § 3.5.1 The Contractor warrants to the Owner, Construction Manager and Architect that all labor furnished under this Contract shall be competent to perform the tasks undertaken, that the product of such labor shall yield only first- class results, that all materials and equipment furnished under the Contract will be of high quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Any Work not strictly complying with these requirements shall constitute a breach of Contractor's warranty. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Construction Manager or Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The Contractor shall assign and deliver any Subcontractor or supplier warranties to the Owner. § 3.6 TAXES § 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.6.2 The Contractor, in consideration of securing the business of erecting or constructing public works in the State if Idaho, recognizes that it is engaged in a transitory business and that in the pursuit thereof it property used therein may be outside the State of Idaho when taxes, excises, or license fees to which it is liable become payable. Accordingly, the Contractor understands, covenants and agrees: .1 To pay promptly when due all taxes (other than on real property), excises and license fees due to the State of Idaho, its subdivisions, municipal corporations and quasi -municipal corporations therein, accrued or accruing during the term of this Contract, whether or not the same shall be payable at the end of such term; .2 That if the said taxes, excises, and license fees are not payable at the end of said term, but liability for the payment thereof exists even though the same constitute liens upon its property, to secure the same to the satisfaction of the respective officers charged with the collection thereof, and .3 That, in the event of its default in the payment or securing of such taxes, excises, and license fees, to consent that the department, officer, board, or taxing unit entering into this Contract may withhold [nit AIA Document A2011CM16- —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produces 21 / by AIA software at 13:48:58 on 04/27/2007 under Order No.10002951111 _ which expires on 4/412008, and is not for resale. User Notes: (34924044) communications shall be similarly confirmed on written request in each case. The superintendent shall supervise and direct the Work and shall not physically participate in the actual performance, assemblage or installation of the Work except limited participation that is incidental to such superintendent's supervisory duties. §3.9.2 Prior to commencement of the Work, Contractor shall provide Owner with the name, contact information, qualifications, experience and role of the superintendent and its assistants. The Contractor shall not retain any superintendent or assistant to which Owner has a reasonable objection. Upon Owner's request, Contractor shall replace the superintendent or any assistants that become reasonably unsatisfactory to Owner. So long as such individuals named remain actively employed or retained by Contractor, they shall perform the roles indicated unless Owner agrees to the contrary in writing. If one or more individuals not listed above subsequently assumes one or more of those functions listed above, the provisions of this Section 3.9 shall bind the Contractor as though Contractor had properly designated such individuals. § 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULE § 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information and the Construction Manager's approval a Contractor's Construction Schedule for the Work. Such schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project construction schedule to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. The Contractor shall promptly report any delays in the performance of the Work to the Construction Manager. § 3.10.2 The Contractor shall cooperate with the Construction Manager in scheduling and performing the Contractor's Work to avoid conflict, delay in or interference with the Work of other Contractors or the construction or operations of the Owner's own forces. § 3.10.3 The Contractor shall prepare and keep current, for the Construction Manager's approval, a schedule of submittals which is coordinated with the Contractor's Construction Schedule and allows the Construction Manager reasonable time to review submittals. § 3.10.4 The Contractor shall conform to the most recent approved schedules. § 3.10.5 If the Work is not on schedule and the Construction Manager does not believe the Contractor's proposed action to bring the Work on schedule is adequate, then the progress of the Work shall be deemed unsatisfactory. In such event, in addition to its rights under Article 14, the Owner, at its discretion, may require the Contractor to work such additional time over regular hours, including Saturdays, Sundays and holidays, without additional cost to the Owner to bring the Work on schedule. § 3.10.6 Unless otherwise agreed by Owner, Contractor shall use the latest edition of "Primavera Project Planner", "Microsoft Project" or accepted equivalent CPM scheduling software to prepare and update the Construction Schedule. The Construction Schedule shall be provided to a level of detail acceptable to Construction Manager, and shall: .1 Use time -scaled logic diagrams based on an precedence concepts; .2 Be capable of providing various analysis of the schedule, including, but not limited to, listing of activities by code, predecessor, successor, trade and float; .3 Indicate an adequate number of scheduling activities to properly describe the nature and sequence by which Contractor intends to carry out the Work; (i) For activities that have not yet started, indicate the planned start and planned completion dates; (ll) For activities that have been started but not yet completed, the update of the schedule shall indicate the actual start date, percent complete, and forecast completion date; (iii) For activities that are completed, indicate the actual start dates and actual completion dates; and (iv) For activities which are behind schedule or have not started in accordance with the approved Construction Schedule, provide a narrative as to the reasons for behind schedule, the status Inst. AIA Document A201/CAbm —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced 23 by AIA software at 13:48:59 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and Is not for resale. User Nates: (34924044) review partial submittals or incomplete submittals. The Contractor shall maintain a submittal log that includes, at a minimum, the date of each submittal, the date of any resubmittal, the date of any approval or rejection, and the reason for any approval or rejection. Any Shop Drawings, Product Data, Samples or similar submittals that do not bear the Contractor's approval stamp will be returned without review. § 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Construction Manager and, if appropriate, Architect. Such Work shall be in strict accordance with approved submittals. § 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Construction Manager's and Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Construction Manager and Architect in writing of such deviation at the time of submittal and the Construction Manager and Architect have given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Construction Manager's and Architect's approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Construction Manager and Architect on previous submittals. § 3.12.10 Informational submittals upon which the Construction Manager and Architect are not expected to take responsive action may be so identified in the Contract Documents. § 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Construction Manager and Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. § 3.12.12 The Contractor shall provide a complete schedule of required Shop Drawings, Product Data, Samples or similar submittals to the Construction Manager within ten (10) days after execution of this Contract. Unless otherwise approved by Construction Manager, Shop Drawings, Product Data, Samples or similar submittals shall be submitted in sufficient time to allow not less than twenty-eight (28) days for the Construction Manager and Architect to review such submittals. § 3.13 USE OF SITE § 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the approval of, the Construction Manager before using any portion of the site. § 3.14 CUTTING AND PATCHING § 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner's own forces or of other Contractors by cutting, patching, excavating or otherwise altering such construction. The Contractor shall not cut or otherwise alter such construction by other Contractors or by the Owner's own forces except with written consent of the Construction Manager, Owner and such other Contractors; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the other Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work. IniL AU! Document A201/CMalm —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced 25 / by AIA software at 13*48:58 on 04/27/2007 under Order No.10=95111_1 which expires on 4/412008, and is not for resale. user Notes:(34924044) 0 0 § 3.19.2 The Contractor shall provide the information necessary for the Construction Manager to provide the Owner with three (3) complete copies in loose-leaf binders of all operating and maintenance data, all manuals, instructions and directions for all products, materials, machinery and equipment for the Project, and shall instruct the Owner regarding the operation of all systems, machinery and equipment. ARTICLE 4 ADMINISTRATION OF THE CONTRACT § 4.1 ARCHITECT § 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. §4.12 Owner has retained LCA Architects, P.A., an Idaho professional corporation ("Architect") to provide professional architectural services for the Project. Architect's authorized representative is: Steve Simmons LCA ARCHITECTS, P.A. 1221 Shoreline Lane Boise, Idaho 83702 Telephone: 208-345-6677 Facsimile: 208-344-9002 Email: ssimmonsl @lcarch.com In the event Owner should find it necessary or convenient to replace Architect, Owner shall retain a replacement architect who shall assume the role of Architect. Unless otherwise directed by Owner in writing, Architect will perform those duties and discharge those responsibilities allocated to them in this Contract. § 4.2 CONSTRUCTION MANAGER § 4.2.1 The Construction Manager is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Construction Manager" means the Construction Manager or the Construction Manager's authorized representative. § 4.2.2 Owner has retained Petra Incorporated, an Idaho corporation ("Construction Manager") to provide construction management services for the Project. Construction Manager's authorized representative is: PETRA INCORPORATED 1097 N. Rosario Street Meridian, Idaho 83646 Telephone: 208-323-4500 Facsimile: 208-323-4507 Mobile: 208-860-7507 Email: gbennett@petrainc.net §4.2.3 In the event Owner should find it necessary or convenient to replace Construction Manager, Owner shall retain a replacement construction manager who shall assume the role of Construction Manager. Unless otherwise directed by Owner in writing, Construction Manager will perform those duties and discharge those responsibilities allocated to them in this Contract. § 4.3 [Deleted.] § 4.4 [Deleted.] § 4.5 Disputes arising under Sections 4.3 and 4.4 shall be subject to mediation pursuant to Section 4.9 below. § 4.6 ADMINISTRATION OF THE CONTRACT § 4.6.1 The Construction Manager and Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representatives (1) during construction, (2) until final payment is due knit AIA Document AM/CAAaTe — IWL Copyright @ 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 2% may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced ( by AIA software at 13:48:58 on 04/27/2007 under Omer No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (34924044) s 0 reject Work which does not conform to the Contract Documents. However, neither the Architect's nor the Construction Manager's authority to act under this Section 4.6. 10 nor a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or the Construction Manager to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing any of the Work. § 4.6.11 The Construction Manager will receive from the Contractor and review and approve all Shop Drawings, Product Data and Samples, coordinate them with information received from other Contractors, and transmit to the Architect those recommended for approval. The Construction Manager's actions will be taken with such reasonable promptness as to cause no delay in the Work of the Contractor or in the activities of other Contractors, the Owner, or the Architect. § 4.6.12 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work of the Contractor or in the activities of the other Contractors, the Owner, or the Construction Manager, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.6.13 The Construction Manager will prepare Change Orders and Construction Change Directives. § 4.6.14 Following consultation with the Construction Manager, the Architect will take appropriate action on Change Orders or Construction Change Directives in accordance with Article 7 and will have authority to order minor changes in the Work as provided in Section 7.4. § 4.6.15 The Construction Manager will maintain at the site for the Owner one record copy of all Contracts, Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record all changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittals. These will be available to the Architect and the Contractor, and will be delivered to the Owner upon completion of the Project. § 4.6.16 The Construction Manager will assist the Architect in conducting inspections to determine the dates of Substantial Completion and final completion, and will receive and forward to the Architect written warranties and related documents required by the Contract and assembled by the Contractor. The Construction Manager will forward to the Architect a final Project Application and Project Certificate for Payment upon compliance with the requirements of the Contract Documents. § 4.6.17 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. § 4.6.18 The Construction Manager will interpret and decide matters concerning performance under and requirements of the Contract Documents on the written request of the Owner or Contractor. The Construction Manager's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Construction Manager shall be furnished in compliance with this Section 4.6, then delay shall not be recognized on account of failure by the Construction Manager to furnish such interpretations until 15 days after written request is made for them. Inst. AIA Document A201/CAbTm —1892. Copyright ©1992 by The American Institute of Architects. AN rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced 29 / by AIA software at 13:48 8 on 04/27/2007 under Order No.1000295111_1 which expires on 4/412008, and is not for resale. User Notes: (34924044) 0 • Iorder to mitigate the alleged or potential damages, delay, or other adverse consequences that may arise from the facts underlying the Claim. § 4.7.4 Continuing Contract Performance. Pending final resolution of a Claim including mediation, unless otherwise agreed in writing the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. § 4.7.5 Waiver of Claims: Final Payment. The making of final payment shall not constitute a waiver of Claims by the (Paragraphs deleted) Owner. § 4.7.6 Claims for Concealed or Unknown Conditions. The Contractor acknowledges that it has had a reasonable opportunity to conduct a careful inspection of the Project site. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or reasonably ascertainable from a careful inspection of the Project site, or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Construction Manager will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Construction Manager determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Construction Manager shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Construction Manager has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Construction Manager for initial determination, subject to further proceedings pursuant to Section 4.8. § 4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. § 4.7.8 Claims for Additional Time. § 4.7.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. § 4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. § 4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost or time related to this Claim is to be asserted, it shall be filed as provided in Sections 4.7.7 or 4.7.8. Inst AIA Document A201/CMa- —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced 31 / bNotes: Nsoo� a at 13:48:58 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2009, and is not for resale. (34924044) 0 0 ARTICLE 5 SUBCONTRACTORS § 5.1 DEFINITIONS § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include other Contractors or subcontractors of other Contractors. § 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub - subcontractor. § 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Construction Manager for review by the Owner, Construction Manager and Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Construction Manager will promptly reply to the Contractor in writing stating whether or not the Owner, Construction Manager or Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Construction Manager to reply promptly shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner, Construction Manager or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner, Construction Manager or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner, Construction Manager or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner, Construction Manager or Architect makes reasonable objection to such change. § 5.3 SUBCONTRACTUAL RELATIONS § 5.3.1 By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner, Construction Manager and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner, Construction Manager and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. § 5.3.2 In furtherance of Section 5.3.1 above, any part of the Work performed for the Contractor by a Subcontractor or its Sub -subcontractor shall be pursuant to a written agreement between the Contractor and such Subcontractor (or the Subcontractor and its Sub -subcontractor at any tier), which shall be prepared on a form of subcontract satisfactory to the Owner. Each subcontract shall, where appropriate, contain provisions that: .1 Require each Subcontractor to ascribe to the objectives and agreements set forth in Section 1.6; .2 Require that the Work be performed according to the requirements of the Contract Documents; .3 Contain the waivers of subrogation consistent with the provisions of Section 11.3.7 below; Inst AIA Document A201/CUaTu —1992. Copyright OO 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced 33 / by AIA software at 13:48:58 on 04/27/2007 under Order No.1000295111 1 which expires on 4/4/2008, and is not for resale. Usw Nom: — (34924044) ! 0 § 6.1.3 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in this Article 6 and in Articles 3, 10, 11 and 12. § 6.1.4 The Contractor acknowledges that its Work is only a portion of the Project and that Owner has retained other prime contractors, under substantially similar Conditions of the Contract and under the administration of the Construction Manager and Architect, to perform the other portions of the Project. The Contractor further acknowledges that the Owner, Construction Manager, Architect and Owner's other prime contractors expect, and are relying upon, the Contractor to timely and properly perform its obligations under the Contract. The Contractor understands and agrees that such other prime contractor's shall be an express third -party beneficiary of this Section 6.1.4 and, therefore, the Contractor will be responsible to Owner's other prime contractors for any damages they may incur that result from the Contractor's failure to timely and properly perform its obligations under this Contract. Further, Contractor understands that is it the beneficiary of substantially equivalent provisions in the Owner's contracts with its other prime contractors. Accordingly, if Contractor is delayed or damaged by the acts or omissions of another prime contractor of Owner, the Contractor shall look exclusively to such other prime contractor for the recovery of any damages that the Contractor may incur therefrom. The Contractor expressly acknowledges and agrees that Owner's other prime contractors are independent of the Owner, and that Owner shall not be liable for any acts or omissions of such other prime contractors. § 6.2 MUTUAL RESPONSIBILITY § 6.2.1 The Contractor shall afford the Owner's own forces, Construction Manager and other contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner's own forces or other contractors, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Construction Manager and Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's own forces or other Contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. § 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. § 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed construction or partially completed construction or to property of the Owner or other Contractors as provided in Section 10.2.5. § 6.2.5 Claims and other disputes and matters in question between the Contractor and other contractors shall be subject to the provisions of Sections 4.7 and 6.1.4 above, provided the other contractors have reciprocal obligations. § 6.2.6 The Owner and other Contractors shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 OWNER'S RIGHT TO CLEAN UP § 6.3.1 If a dispute arises among the Contractor, other Contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish as described in Section 3.15, the Owner may clean up and allocate the cost among those responsible as the Construction Manager, in consultation with the Architect, determines to be just. Init AIA Document A201/CAklm —1992. Copyright ©1892 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced 35 / by AIA software at 13:48:58 on 04/27/2007 under Order No.1000295111_1 which expires on 4/412008, and Is not for resale. User Notes: (34924044) M forth in the Change Order, the Owner shall not be obligated to make any adjustments to either the Contract Sum or Contract Time by reason of any conditions affecting the change in work addressed by the Change Order that could have reasonably been discovered or disclosed by the Contractor's examination. § 7.3 CONSTRUCTION CHANGE DIRECTIVES § 7.3.1 A Construction Change Directive is a written order prepared by the Construction Manager and signed by the Owner, Construction Manager and Architect, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or A as provided in Section 7.3.6. § 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Construction Manager and Architect in writing within forty-eight (48) hours of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be incorporated into a future a Change Order. § 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Construction Manager on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an allowance for overhead and profit in accordance with Section 7.2.3 above. In such case of an increase in the Contract Sum, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Construction Manager may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers compensation insurance; .2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; A costs of permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs of supervision and field office personnel directly attributable to the change. § 7.3.7 Pending final determination of cost 'to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. [nit. AIA Document AM1/CIN8n —1992. Copyr19M ©1992 by The American Institute of Architects. All rights reserved. WARNING!: This AIA® Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced 37 / by AIA software at 13:48:58 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and Is not for resale. User Notes: (34924044) 0 0 days or longer, or five (5) days or longer in any calendar month, shall be applied against the float or warrant an extension of time. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Section 4.7. § 8.3.3 Except as expressly set forth in Section 8.3.4, the Contractor agrees to make no claim for damages for delay in the performance of this contract occasioned by any actor omission to act of Owner, its Architect, its Construction Manager, its agents or employees or any other contractor, and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the Work. § 8.3.4 Notwithstanding anything to the contrary set forth in Section 4.7.7 above or elsewhere in this Contract, the Contractor shall not be entitled to recover damages for delays, except for delays caused by Owner or for anyone whose acts the Owner may be liable. As a condition precedent to recovering additional compensation for any delays attributable to the Owner or anyone for whose acts the Owner may be liable or for delays identified in Section 8.3.1 above in excess of the float days set forth therein, the Contractor shall provide the Owner with written notice identifying the nature of the delay(s) and the Owner's responsibility therefor, and provide the Owner with a reasonable period to cure such cause(s). If the Owner fails to cure the cause of the delay(s), the Contractor may be entitled to make a claim for additional compensation for costs of the Work incurred as a direct result of such delay(s) if such delays were the result of a Construction Change Directive. The Contractor acknowledges and agrees that its sole remedy for such delays is additional compensation pursuant to this Section 8.3.4. The Contractor shall not be entitled to recover damages, lost profits or lost business opportunities from the Owner. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 CONTRACT SUM § 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.2 SCHEDULE OF VALUES § 9.2.1 Within ten (10) days of commencement of this Contract, the Contractor shall submit to the Construction Manager, a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. The Contractor shall not imbalance its Schedule of Values nor artificially inflate any element thereof. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 9.3 APPLICATIONS FOR PAYMENT § 9.3.1 On or before the date set forth in Section 5.3 of the Agreement for each progress payment, the Contractor shall submit to the Construction Manager an itemized Application for Payment for Work completed in accordance with the schedule of values. Such application shall be on AIA Form G702, be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner, Construction Manager or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. The Contractor shall submit four (4) originals of each Application for Payment. § 9.3.1.1 Such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives but not yet included in Change Orders. § 9.3.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. Off site storage locations shall not Ink protected Document A201/CMaTm —1992. Copyright m 1992 by The American institute of Amhftects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 39 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 13:48:58 on 04/27/2007 under Order No.1000295111 1 which expires on 4/4/2008, and Is not for resale. User Notes: (34924044) § 9.5 DECISIONS TO WITHHOLD CERTIFICATION § 9.5.1 The Construction Manager or Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Construction Manager's or Architect's opinion the representations to the Owner required by Section 9.4.3 cannot be made. If the Construction Manager or Architect is unable to certify payment in the amount of the Application, the Construction Manager or Architect will notify the Contractor and Owner as provided in Section 9.4.2. if the Contractor, Construction Manager and Architect cannot agree on a revised amount, the Construction Manager and Architect will promptly issue a Certificate for Payment for the amount for which the Construction Manager and Architect are able to make such representations to the Owner. The Construction Manager or Architect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Construction Manager's or Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.6 PROGRESS PAYMENTS § 9.6.1 After the Construction Manager and Architect have issued a Project Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Construction Manager and Architect. Until conditions set forth in Section 9.10 are met, the Owner shall pay ninety- five percent (95%) of the amount due the Contractor on account of progress payments. If the Construction Manager and the Architect determine that the Contractor has made or is making satisfactory progress on any uncompleted portions of the work, the Owner may, at its discretion, release a portion of the retainage to the Contractor prior to the actual final completion of the conditions set forth in Section 9.10. § 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in similar manner. §9.6.2.1 The Contractor shall not withhold from a Subcontractor or supplier more than the percentage withheld from the Certificate of Payment for such Subcontractor's or supplier's portion of the Work. § 9.6.3 The Construction Manager will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Owner, Construction Manager and Architect on account of portions of the Work done by such Subcontractor. § 9.6.4 Neither the Owner, Construction Manager nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. § 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. InIL AIA Document A201/CUanA —19th. Copyright ©1992 by The American Institute of Architects. All rights reserved WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced 41 / by AIA software at 13:48:58 on 04/27/2007 under Order No.1000295111_1 which expires on 4/412008, and is not for resale. User Notes: (34924044) 0 • § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Construction Manager, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 FINAL COMPLETION AND FINAL PAYMENT § 9.10.1 Upon completion of the Work, the Contractor shall forward to the Construction Manager a written notice that the Work is ready for final inspection and acceptance and shall also forward to the Construction Manager a final Contractor's Application for Payment. Upon receipt, the Construction Manager will forward the notice and Application to the Architect who will promptly make such inspection. When the Architect, based on the recommendation of the Construction Manager, finds the Work acceptable under the Contract Documents and the Contract fully performed, the Construction Manager and Architect will promptly issue a final Certificate for Payment stating that to the best of their knowledge, information and belief, and on the basis of their observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in said final Certificate is due and payable. The Construction Manager's and Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect through the Construction Manager (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or other wise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Construction Manager and Architect so confirm, the Owner shall, upon application by the Contractor and certification by the Construction Manager and Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect through the Construction Manager prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. The making of final payment shall constitute a waiver of Claims by the Owner as provided in Section 4.4.5. § 9.10.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described in Section 4.7.5. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 SAFETY PRECAUTIONS AND PROGRAMS § 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. Contractor hereby certifies that it has an established safety policy as required by the Occupational, Safety and Health Administration (OSHA), which requires regular safety meetings. The Contractor agrees to conduct weekly safety meetings regarding its Work under this agreement Inst 'A Document A201 /CMB- —1992. COPP19M ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and Will be prosecuted to the maximum extent possible under the law. This document was produced 43 / by AIA software at 13:48:58 on 04/27/2007 under Order No.10002951111 which expires on 4/4/2008, and is not for resale. User Notes: (34924044) 0 0 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub - subcontractors; other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and construction or operations by the Owner or other Contractors. § 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. § 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. § 10.2.4 When use for storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel, and the Construction Manager reasonable prior written notice. § 10.25 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4 caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, Construction Manager or Architect or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. § 10.26 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner, Construction Manager and Architect. § 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. § 10.3 EMERGENCIES § 10.3.1 In an emergency affecting safety or persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Section 4.7 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 CONTRACTOR'S LIABILITY INSURANCE § 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as set forth below. Such coverage shall include liability that may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. All insurance carriers must maintain an A.M. Best rating of "A-" or better. (Paragraphs deleted) Commercial General Liability. The Contractor shall procure and maintain until the Project has been completed and accepted by the Owner Commercial General Liability coverages with the following Per project annual aggregate limits, using ISO Form CG 25030397 (or a substitute form providing equivalent coverage): General Aggregate Limit Not less than $3,000,000; (other than Product -Completed Operations) Inst AIA Document A201/Cbk- —1992. Copyright ©1992 by The American institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produces 45 by AIA software at 13:48:58 on 04/27/2007 under Order No. 1000295111_1 which expires on 4/4/2008, and Is not for resale. User Notes: (34924044) I 30 -Day Notice Clause — Unacceptable Language. Should any of the above-described polices be canceled, materially changed or non -renewed before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability on any kind upon the company. § 11.1.4 Required Clauses. Breach of Warranty Clause. As to the interest of any additional insured, the insurance afforded by the policy shall be invalidated by any breach or violation by the named insured of any warranties, declarations or conditions. Notwithstanding the foregoing, the additional insureds shall be subject to all terms and conditions in the policy and nothing contained herein shall prevent exhaustion of the limits of liability by payment on behalf of any insured. Separation of Insured (Cross Liability) Clause. Except with respect to the permissible limits of insurance, and any rights or duties specifically assigned in this coverage part to the first named insured, this insurance applies (i) as if each named insured were the only named insured, and (ii) separately to each insured against whom claim is made or lawsuit is brought. § 11.1.5 The Contractor shall require all Subcontractors and Sub -subcontractors of any tier to provide (i) Commercial General Liability Insurance (with not less than $1,000,000 coverage for personal injury and property damage); (ii) Worker's Compensation/Employer's Liability Insurance (not less than $500,000 coverage), and (iii) Business Automobile Liability Insurance (not less than $1,000,000 coverage) substantially as set forth in Section 11.1. The Contractor shall provide certificates of insurance evidencing such coverages prior to allowing such Subcontractors and Sub -subcontractors to commence of Work. § 11.2 OWNER'S LIABILITY INSURANCE § 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self-protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. § 11.3 PROPERTY INSURANCE § 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is earlier. The Owner's insurance program is intended to cover the interests of the Owner and does not cover the interests of the Contractor, Subcontractors and Sub -subcontractors in the Work or material suppliers or others associated with the Project. § 11.3.1.1 Property insurance shall be on an "all-risk" policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. § 11.3.1.2 The Contractor shall maintain insurance as deemed necessary by the Contractor to protect its interests and the interests of its Subcontractors and their Sub -subcontractors in the Work, including property, materials, equipment, and tools. Materials incorporated into the Work and materials suitably stored at the Project site will be considered covered by the Owner's insurance program at 12:00 noon on the date Owner issues payment therefore. § 11.3.1.3 If the property insurance requires minimum deductibles and such deductibles are identified in the Contract Documents, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this Intt. was uAocumenc nzuiiceaa _1Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced 47 / by AIA software at 13:48:58 on 04/27/2007 under Order No.1000295111_7 which expires on 4/4/2008, and is not for resale. User Notes: (34924044) § 11.3.9 The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or in accordance with an settlement or judgment for a court of competent jurisdiction. If after such loss no other special agreement is made, replacement of damaged property shall be covered by appropriate Change Order. § 11.3.10 The Owner shall have power to adjust and settle a loss with insurers. 11.3.11 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. § 11.4 PERFORMANCE BOND AND PAYMENT BOND § 11.4.1 The Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in the "Supplementary Instructions to Bidders" and specifically required in the Contract Documents on the date of execution of the Contract. § 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING OF WORK, QUALITY CONTROL, AND CORRECTION OF WORK (Paragraph deleted) § 12.1 UNCOVERING OF WORK § 12.1.1 If a portion of the Work is covered contrary to the Construction Manager's or Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by either, be uncovered for their observation and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered which the Construction Manager or Architect has not specifically requested to observe prior to its being covered, the Construction Manager or Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or one of the other Contractors in which event the Owner shall be responsible for payment of such costs. § 121.2 QUALITY CONTROL PROGRAM Continuous control of the quality of the Work is the essence of this Contract. The Contractor shall establish a quality control program satisfactory to the Construction Manager to assure the proper execution of the Work in accordance with this Contract. The Contractor shall at all times comply with the approved quality control program. § 122 CORRECTION OF WORK § 1221 The Contractor shall promptly correct Work rejected by the Construction Manager or Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Construction Manager is authorized to call for extra inspection or testing of the work for compliance with requirements of the Contract Documents. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the Construction Manager's and Architect's services and expenses made necessary thereby. § 12.2.2 If, within one year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This Init. AIA Document A201/CMO- —1992. Copyright ©1992 by The American Institute of Archilects. All rights reserved WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced 49 / by AIA software at 13:48:58 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes. (34924044) § 13.2.2 Contractor shall not assign all or part of the monies due or to become due hereunder without written consent of the Owner and the Contractor's surety. The Contractor's request for the Owner's consent shall include a copy of the proposed assignment and the surety's consent. Any instrument of assignment shall expressly subordinate all rights of the assignees thereunder to (i) all rights of the Owner under this Contract, (ii) payment of all subcontractors and laborers for Work performed, (iii) payment of all materials and equipment furnished, consumed, used or rented in performance of the Work, and (iv) payments of any amounts due to any governmental authority with jurisdiction over the Project or Contractor for Work performed, including, but not limited to, sales, use, income or employment taxes. § 13.3 WRITTEN NOTICE § 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. § 13.4 RIGHTS AND REMEDIES § 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. § 13.4.2 No action or failure to act by the Owner, Construction Manager, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. § 13.5 TESTS AND INSPECTIONS § 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Construction Manager and Architect timely notice of when and where tests and inspections are to be made so the Construction Manager and Architect may observe such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. § 13.5.2 If the Construction Manager, Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the Construction Manager and Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Construction Manager and Architect of when and where tests and inspections are to be made so the Construction Manager and Architect may observe such procedures. The Owner shall bear such costs except as provided in Section 13.5.3. § 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Construction Manager's and Architect's services and expenses. § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Construction Manager for transmittal to the Architect. § 13.5.5 If the Construction Manager or Architect is to observe tests, inspections or approvals required by the Contract Documents, the Construction Manager or Architect will do so promptly and, where practicable, at the normal place of testing. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. Init AIA Document A201/Clia- —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, S1 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produces / by AIA software at 13:48:58 on 04/27/2007 under Order No.10002951 I 1_1 which expires on 4/412008, and is not for resale. User Notes: (34924044) E August 31, 2007 MERIDIAN CITY COUNCIL MEETING September 4, 2007 APPLICANT ITEM NO. 5-P REQUEST Approveal of Change Order No. 1 to Sidewalks, LLC for the amount of $137,108.00 in conjunction with ASI #'s 5 & 10 (raising the Building 4') 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: Emailed: ararr inmais: Materials presented at public meetings shall become property of the City of Meridian. Phone: • AUG 3 1 2907 "Yty Of Meridian 014 Clerk Office Memo To: Will Berg, City Clerk, Sharon Smith From: Keith Watts, Purchasing Agent CC: Tara Green Date: 8/31/07 Re: September 4 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 4 City Council Consent Agenda for Council's consideration. Approval of Chanae Order #1 to Sidewalks. LLC.for the amount of $137.108.00 in conjuction with ASI #'s 5 & 10 (raising the building 41. This Change Order was discussed at last weeks Council meeting by Wes Bettis of Petra. Recommended Council Action: Approve of Change Order #1 to Sidewalks, LLC. for the negative amount of $137,108.00, authorize the Mayor to sign the agreement and City Clerk to attest. Thank you for your consideration. 0 Page 1 August 31, 2007 MERIDIAN CITY COUNCIL MEETING September 4, 2007 APPLICANT ITEM NO. 5-Q REQUEST Approval of Deductive Change Order No. 1 to TMC, Inc. for the amount of -$32,348.00 in Conjunction with ASI Vs 5 & 10 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. • �[�ey,� s q I f. A66 3 1 2UU7 Cit,Y Of Meridian City Clerk ice Memo To: Will Berg, City Clerk, Sharon Smith From: Keith Watts, Purchasing Agent CC: Tara Green Date: 8/31/07 Re: September 4 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 4 City Council Consent Agenda for Council's consideration. Approval of Deductive Chance Order #1 to TMC Inc for the amount of -$32,348.00 in coniuction with ASI #'s 5 & 10. This Change Order was discussed at last weeks Council meeting by Wes Bettis of Petra. Recommended Council Action: Approve of Change Order #1 to TMC, Inc for the negative amount of $32,348.00, authorize the Mayor to sign the agreement and City Clerk to attest. Thank you for your consideration. 0 Page 1 August 31, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING September 4, 2007 APPLICANT Mayor's Office ITEM NO. REQUEST Follow Up on Meridian School District Request to Share Costs to move Pine Street School House from August 14, 2007 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 Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. August 31, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING September 4, 2007 APPLICANT Mayor's Office ITEM NO. 6-A-3- REQUEST City Hall Building Update on Value Engineering Options AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Aftached o,S Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings sha11 become property of the City of Meridian. 1 ROCK SOL11 X. GENERAL CONTRACTORS 08/31/07 0 Meridian City Hall VALUE ENGINEERING OPTIONS RECEIV�t,' E IDIAN -- AUG 31 2002 a -;*W Fri "Aridiift $ 772,705 Total Possible Project Savings KTROJECTS\2006\WesWleridian City Hall\Bidding\Correspondence\Phase III - Value Engineering 08-31-07 Description Ceti di rk Olffgce �.� Electrical $8,000 Change Lighting Controls -Could have LEED point impact. $ 7,000 Delete Light Fixtures & wiring/outlets/fixtures in unassigned areas, except for Emergency Lighting. $000 Delete Heat Tape in Roof Drain Leaders. � ---- HVAC -- -_ ------ --- $ 10,000 Eliminate Extended HVAC Distribution in unassigned areas. -10 Units/Add back simple heaters to keep space at 50 deg (BUDGE Plumbin $ 344 Standard Flushometer vs. specified $- 1,233 Standard 1 Gal/flush urinals vs.. .8 Gal/flush. (LEED ?) $ 3,330 Alternate manufacturer for fiberglass showers $ 1,490 Fiberglass janitor's sinks in lieu of terrazzo sinks specified. $ 4,000 Alternate Pipe (groove -lock if approved by Mike Wisdom) Labor Savings Wall & Gelling Construction { $ 14,169 Delete unnecessary wall construction and finish in unassigned areas. $ 5,800 2x4 vs. 2x2: Ceiling Tile meeting LEED Specification in 2x4 Tegular-Second Look (Ts & Labor Savings) $ 9,695 Delete Ceiling Grid and Tile in Unassigned Areas $ 2,600 Delete Fry Reglet T Doors & Windows $ 3,761 Alternate wood door core vs.. Specified LEED point product of Stave Lumber core doors. $ 20,000 Delete amount of interior windows/storefront, replace with solid walls. Could Impact LEED points for natural light. $- 3,622 Delete auto door hardware from door 100 A & 100 C at main entry. Finshe $ 12,692 Reduce Casework $--46,470 Use P -Lam countertops vs.. Specified solid surface countertops. $ - Possible Cabinet Hardware Options $ 20,840 Delete Operable Partition $ 23,550 Delete Wire Partitions in Basement $ 8,873 Delete Installation of Access Floor in Unassigned Areas (Material & Labor is $36,780) $ 16,464 Change Access Floor Spec from 1,250 LB tiles to 1,000 LB tiles and still meet specification requirements. $ 6,620 Delete wall paint in Support & Storage Rooms 1-6,12, 17,106-109, 200-203, 300-303 $ 2,665 Delete wall paint in Unassigned Areas $ 2,600 Alternate for stainless steel, radius glass guardrail and other railings. $ 9,087- Alternate Carpet Tile Material $ Alternate Ceramic Tile Material (Price to be confirmed from Schumacher) -Unique Tile, no match found, yet. $ 8,902 Substitute Thin set for Mud set on Lobby Ceramic Tile $ 760 Change Window Blind Spec. $ 6,000 Telecommunications Bid to Budget Savings $ 56,560 Reduce the number of Telecomm drops from 1,500 to 1000 (TTE/Precom) *HOLD* $ 9,744 Audio -Visual Bid to Budget Savings Other $-a 86�A0 Reduce Petra LEED involvement from applying for Silver vs. Apply for LEED Certified. $--000 Alternate water source for Irrigation and water features. $ 60,000 Trash Management and HVAC Modeling for LEED. $ 44,450 Delete Lockers in Basement $ 1,709 Delete Lockerroom Bath Accessories $009 Delete Plumbing Fixtures in Basement Restroom and Locker Room Core $ 5,900 Delete Shower/Restrooms 3rd Floor Fire Dept, Convert to one room, unfinished.(BUDGET) Total Possible Building Savings $ 177,468 $ 595,237 Delete Contaminated & Unsuitable Soils and Associated CM Fee from Construction Cost, Add to Land Cost. Does not include Fill $ 772,705 Total Possible Project Savings KTROJECTS\2006\WesWleridian City Hall\Bidding\Correspondence\Phase III - Value Engineering 08-31-07 • August 31, 2W7 MERIDIAN CITY COUNCIL MEETING • Department Reports September 4, 2007 APPLICANT Mayor's Office ITEM NO. 6-A-3 REQUEST Change Order No. 2 for LCA Architects for Meridian City Hall Building Modifications for Re -Design due to Raising the Building 4' in Elevation for $23,680.00 AGENCY COMMENTS CITY CLERK: See Attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY 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 fhe City of Meridian. Iff7al LCA Architects August 16, 2007 Mr. Will Berg Meridian City Clerk 33 East Idaho Ave. Meridian, Idaho 83642 RE: Meridian City Hall — Building Modifications Fee Request LCA Project No: 06016.01 File Code 0-a Dear Will: Attached please find an additional fee request breakdown for the re -design of the City Hall project due to raising the building 4'-0" in elevation. As explained at the Council session where this option was presented, this re -work resulted in a substantial construction cost savings to the City. I have reviewed the consultant's requests and find that their hours are reasonable for the work completed. Elk Mountain Engineering (Civil): $ 2,340.00 Stapley Engineering (Structural): $ 2,580.00 Hatch Muller (Landscape): $ 7,520.00 LCA Architects: $11,240.00 Total $23,680.00 Please free to call with any questions you may have regarding this matter. Sincerely, LCA ARC A. Ste en M. Simmons A.I.A. President cc: Russ Moorhead 2._ S�-''<<��n.0 Eo:s ;G 837C)2 208.345.6677 06016-01 Meridian City Hall Building Elevation proposal 081607 SSss `C:F 2c'S,34A Q0', ;co(d)lcarch co; ve—"w Jcuj cr-CO'- • • Page 1 of 1 Will Berg From: Keith Watts Sent: Monday, August 27, 2007 10:59 AM To: Will Berg Subject: LCA Change Order #2 Attachments: CHANGE ORDER#2.xls Will attached is a copy of the Change Order. Keith Watts Purchasing Agent City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Ph. 208-888-4433 x207 Fax: 208-887-4813 8/27/2007 • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • CHANGE ORDER NO. 2 PROJECT NO. DATE: 8-27-07 EFFECTIVE DATE: CONTRACTOR: LCA ARCHITECTS, PROJECT: MERIDIAN CITY HALL DESIGN The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: Design services to raise the building 4'. Reason for change order: Raise the building to avoid possible ground water. Attachements: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 854,000.00 Original Contract Times: Net changes form previous Change Orders Net changes form previous Change Orders No._ to _ No._ to _ (calendar days) $79,322.00 Contract Price Prior to this Change Order: Contract Times prior to this Change Order. (calendar days) $933,322.00 None Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days) $23,680.00 Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $957,002.00 RECOMMENDED: (Construction Manager) APPROVED: (CITY PURCHASING AGENT) By: By: Keith Watts Date: Date: ACCEPTED: (Contractor) COUNCIL APPROVAL By: Date: Date of Meeting: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Will Berg Jr. Date: Date: • 0 August 31, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING September 4, 2007 APPLICANT Public Works Department ITEM NO. 6-8-1 REQUEST Memorandum of Understanding with Sunrise Rim, LLC to Build Water Main and a Dry Line Sewer to their Development 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. E August 31, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING September 4, 2007 APPLICANT Public Works Department ITEM NO. 6-B-2 REQUEST Proposed Fee Increase for New Meridian Building Fees 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 properly of the City of Meridian. I • • o is a� �� Fr g a f $ 0 $ �° E c ��gS ���d a02 m aIx r 1, cr c4 A ac ic C Q 9 � Q D rr 9 m �3 A� v m ai O v 0 0 0 0 I f ss tl 0 p p y � u a a C' g m g � g P)Nu� g g 6 4 0 m x �g o 2 a x 3 D �o S v r. R$ 9 c -gin i A o N 0 v Qe CL }� m cr 71 fa W a o i i C2 I qMq o � O a v o � Q J 0 y ' O m 3 3 W it SL In m ® z a Co o } O8 ..: ...i • $ 3 e CL D CD d, $ a 6.9 SL m 3 m .o'. � 3 g 2 it ' v fu i c go ° 3 1 m IN is � it ;eq n J J G N a` O 5O v Ey S C O 17 m g V I s R � cQi 0 c 0 0 0 S � N i i � 3 Q a O a g w al td' m 8 g fR S 4v v a QQ 0 0 0 0 lot c n i 3 e C1 e � m m � � O1 CC VV N m yW= tp spy mO Ga11 $O �q tli (p W OUf gust u tp g� W �D Of W O per+ O N O O O (t�D O WW1WNN 4 N N Nf!1 en tN71 pNp O j i M- I j 2 3 vk Y 4! Y q! Y qk Y ve �1 06 Y 70 Y ip Y vb Y qt �► 9! Y v! Y 9k Y ak Y i6 �1 p O ' m CIL m m ® 0 d 0 0 r® � %� s 2 ■� k�@ \zco - $e t$ i § 2 � # , g — �_ @ @ B B ■ ��§ %§a 2 ■ ■ $ % ��� °■� � � � ■ ■ i B � -car l ■ % 4 � � � �� ■� �� �� 3 m j 71 gcr mOG� o�m�3��30 i At� 1 1 9, mown to a m -1 c $ -, S O (D :A Uri N C S — a , so 'wmqfi 'm i 8`8'8 10o CD 0 0 SWSS'+ d► S S O •• �e w Q o b y V ipil tll 4p8�,w t7l QO j p p�Cgt�pNCpn �fp7i G � Jam togd v m v August 31, 2007 AZ 07-009 MERIDIAN CITY COUNCIL MEETING September 4, 2007 APPLICANT .lames Prather ITEM NO. 8 REQUEST Findings for Approval -- Request for Annexation and Zoning of 22.67 acres from R 1 to C -G zone for Queenland Acres -- southeast comer of South Stoddard Road and West Overland Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT. MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached Findings OTHER: See attached Letter from James Prather Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubk meetings shall become properly of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 22.67 Acres from R1 & RUT (Ada County) to C -G (General Retail and Service Commercial), by James Prather. Case No(s). AZ -07-009 For the City Council Hearing Dates of: August 21, 2007 and September 4, 2007 (Findings on the September 18, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 21, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 21, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 21, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 21, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -07-009 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and the provisions of the Development Agreement in the attached Staff Report for the hearing date of August 21, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Annexation request with a C -G zone as evidenced by having submitted the Legal Description stamped by Lawrence Koerner dated April 3, 2007, is hereby conditionally approved; and, 2. The provisions of the Development Agreement are as shown in the attached Staff Report for the hearing date of August 21, 2007, incorporated by reference. D. Attached: Staff Report for the hearing date of August 21, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -07-009 By action of the City Council at its regular meeting held on the _ _ day of .:,----- COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED LJZQ COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Attest: i fiam G. Berg, Jr., �T.Mj4.2y e Weerd Copy served upon Applicant, Pbg Pepartment, Public Works Department and City Attorney. By: r Dated:�mm 6" I City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -07-009 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 STAFF REPORT HEARING DATE: August 21, 2007 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: Queenland Acres * AZ -07-009 Annexation and Zoning of 22.67 acres from R1 & RUT (Ada County) to C -G (General Retail and Service Commercial) 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, James Prather, has applied for Annexation and Zoning of 22.67 acres from Rl & RUT (Ada County) to C -G (General Retail and Service Commercial). The subject property is located on the southeast corner of S. Stoddard Road and W. Overland Road. The property consists of twelve residential lots in Queenland Acres Subdivision and one 12 acre parcel, all in Ada County. The site contains various existing homes and associated outbuildings that will be removed upon development of the property. This property is within the City of Meridian's Area of Impact and Urban Service Planning Area. The Applicant has submitted a conceptual development plan (attached in Exhibit A) that shows how this property may develop in the future. The plan shows one 125,000+/- square foot big box retail building, three 20,000 square foot mid-range box retail sites, two 6,000 square foot building pads, and one 10,000 square foot building pad. The plan also shows access points to/from Stoddard Road and Overland Road, and the extension of an existing stub street to this property from Bear Creek Subdivision from the south. 2. SUMMARY RECOMMENDATION Staff recommends approval of AZ -07-009, as presented in the staff report for the hearing date of July 19, 2007, based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement provisions proposed in Section 10. The Meridian Planning & Zoning Commission heard this item on June 21 2007 and July 19 2007. At the public hearing on July 19, 2007 they moved to recommend approval of the sub! ect AZ request to the Citv Council. a. Summary of Commission Public Hearing: L In favor: James Prather (Owner/Applicant)-Scott Stanfield (Project Engineer) IL In opposition: Jim Kouril iii. Commenting: None iv. Written testimony: Brian Beddey, VP of Bear Creek HOA (letter w/petition contaluine 236 si atures)• Scott Anders: and Aaron Neal V. Staff presenting apulication: Sonya Watters vi. Other staff commenting on aDDlication: None b. Key Issues) of Discussion by Commission: L Dual landscape buffers bisected by a drive aisle along the south property boundary adjacent to the residential homes, with a 60 foot building setback.- ff. etback:f. Location of loading docks for buildings along the south Property boundary; Quetm1wd Acres AZ -07-009 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 iii. Requiring a block wall along the south property boundary: iv. Restriction of uses along the southern portion of the property to only those uses allowed in the C -N zone: V. The extension of Alaska Street from Bear Creek Subdivision into the site c. Key Commission Change(s) to Staff Recommendation: i. Required a minimum 60 -foot wide separation between the residential uses along the southern property boundary and the rear of all buildings. Within the 60 feet a ZS -foot wide landscape buffer. then drive aisle, and an additional buffer at the rear of the buildings is required, with an allowance for access to loading areas for the smaller retail bnilding(sl on the southeast portion of the site within the 60 feet: ii. Required the applicant to replace the existing fence, with the property owners' consent, along the southern boundary of the site with a 6 -foot tall concrete wall: iii. Required the building pad proposed at the corner of Stoddard and Overland Road to be situated so that parking is evenly dispersed around the front rear and sides of the building as shown on the concept plan or situated closer to _Overland Road, similar to the structures depicted on the northeast portion of the site,• iv. Did not require Alaska Street to be extended into the site as a public or non public street but did reauire Alaska to be used as an emergency access point and Pedestrian pathway into the site. d. Outstandin Issue(s) for Ci Council: L ACRD and City Staff would prefer that Alaska Street be extended into the site for vehicular use: the Commission requested that Alaska Street not be extended: ii. Appropriate zoning desimation(s) for this property. IL Quemlland Acres AZ -07-009 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 N 1 I l irM,, 77'77TI I' ' 1 I 7777W, 1 1 1 1 1% r 1 iff i iTrW'i Mr, 171, 1. , y!W71M.- 1 : 1 11 r I 'a/I I : 1 1 .' I I r l I I' 11 1 I 1 ', 1 1' 1�? 11yyit - 1 1 ' 1 :11 1 1 1 I' I I I I 01 1 1 1 �� I1 I 1: + �' 1 1 rI' Y1 y 1 1 1 y JI 1 1 y l r' 7 /' 1'JI/'' 1 11 1 I I . ill 1 - - : 1 I 1. 1 1 1 y l l 'JI i i �I I 1 1 1 11 1 I. 1 I 1 �► ',' I' I• I I\ I 1 1 1 11• I ' 1 1 I I 1, 1 1 I r1 I I I/ :.r r l r I I I 1 I YI 1 1: I II : r 1•17 ' 1 T 1 1 I II 1 ', 1' 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ -07- 009 as presented in the staff report for the hearing date of August 21, 2007, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ -07-009 as presented during the hearing on August 21, 2007, for the following reasons: (State specific reasons for denial of the annexation request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number AZ -07- 009 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: This property is generally located on the southeast corner of S. Stoddard Road and W. Overland Road in the northeast % of Section 24, Township 3 North, Range 1 West. Referenced as Ada County Tax Parcel Numbers: S1224120837, R7288000110, R7288000100, R7288000091, R7288000081, R7288000071, R7288000061, R7288000051, R7288000041, R7288000031, R7288000021, R7288000011, and R7288000001. b. Owner: James Prather 707 E. United Heritage Parkway, Suite 150 Meridian, Idaho 83642 c. Applicant: Same as owner d. Representative: James Prather (Applicant/owner) e. Present Zoning: RI and RUT (Ada County) Queenland Acres AZ -07-009 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING BATE OF AUGUST 21, 2007 f. Present Comprehensive Plan Designation: Commercial g. Applicant's Statement/Justification: Please see the conceptual development plan and building elevations (pictures) showing a few different scenarios as to how the site might be developed. The site plan accurately shows ingress and egress on Overland and Stoddard Road (if changes are made, they will be minor). The Applicant is willing to work with the City and Brighton Corporation if S. Alaska Avenue (the stub street at the south boundary) needs to be extended although the residents in Bear Creek would prefer that it not be extended. The square footage of any building is very difficult to determine at this time; however, the bubble and site plan do show conceptually how the applicant envisions the site developing. As of this date the Applicant does not have a large user signed on. Without this knowledge it is difficult to determine how the rest of the site will develop. (Please see Applicant's narrative for more information.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. Newspaper notifications published on: June 4s', 2007 and June 18s', 2007 (Commission); July 30, 2007 and August 13, 2007 (City Council) c. Radius notices mailed to properties within 300 feet on: May 25s', 2007 (Commission); July 27' 2007 (City Council) d. Applicant posted notice on site by: July 3'd, 2007 (Commission); August 6. 2007 (City Council) 6. LAND USE a. Existing Land Use(s): Single family rural residential; agricultural b. Description of Character of Surrounding Area: This site is surrounded by various commercial uses (zoned C -G, C2, & I -L) to the west, north, and east, and residential homes to the south (Bear Creek, zoned R-4). c. Adjacent Land Use and Zoning: North: Commercial property (Mountain View Equipment, Boondocks, Veterinary Clinic), zoned C -G and C2 (Ada County) 2. East: Commercial property (future Lowe's), zoned C -G 3. South: Single-family residential (Bear Creek Subdivision), zoned R-4 4. West: Vacant (future retail) and commercial storage units, zoned C -G d. History of Previous Actions: A portion of this property, the 12 rural residential lots, was previously platted in Ada County as Queenland Acres Subdivision; the 12 acre portion to south has not been previously platted. e. Existing Constraints and Opportunities 1. Public Works Location of sewer. The North East portion of this project will sewer to W Overland Road and the South plus North West portion of the project will sewer to the Black Cat Trunk. Location of water. Water is located in W Overland road and S Stoddard Road. Contact City of Meridian Public Works for size and routing. Queenland Acres AZ -07-009 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 Issues or concerns: None 2. Vegetation: There are existing trees on the site that should be protected or mitigated for when this site develops. 3. Floodplain: This property is not within the floodplain. 4. Canals/Ditches Irrigation: The Kennedy Lateral runs along the east boundary of this property. 5. Hazards: Staff does not know of any hazards associated with this property. 6. Proposed Zoning: C -G 7. Size of Property: 22.67 acres f. Summary of Proposed Streets and/or Access: The conceptual development plan submitted by the applicant shows two full access points and one right-in/right-out to/from W. Overland Road, and two full access points to/from S. Stoddard Road. A stub street (S. Alaska Avenue) to this property exists and is shown on the plan at the south boundary of the property from Bear Creek Subdivision. These access points and other access issues are discussed at length in section 10 of this report. Due to the fact that this is only an Annexation application, ACHD has not submitted formal conditions of approval at this time. However, due to the size of this project ACHD did submit comments on this application that are included in Exhibit B of this report. 7. COMMENTS MEETING On June 1, 2007, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions in the attached Exhibit B. Because this is only an annexation application, there are no conditions of approval; all applicable provisions are proposed in a Development Agreement. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated on the Comprehensive Plan Future Land Use Map as "Commercial" The Comprehensive Plan defines Commercial as: "This designation will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi -family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone." The applicant is requesting to rezone this property to C -G which staff believes is consistent with the Comprehensive Plan Future Land Use Map designation for this property. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.• ➢ Sanitary sewer and water service will be extended to the project at the developer's expense. Quemland Acres A7-07-009 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 ➢ The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. ➢ The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). ➢ The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD). This service will not change. The subject lands are currently serviced by the Meridian School District No. Z This service will not change. D The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. • Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within the Impact Area. Staff f nds that the site is designated for Commercial on the Comprehensive Plan Future Land Use Map. Staff believes that over time, a variety of commercial and retail opportunities will be provided on this site. • Chapter VII, Goal lV, Objective D, Action 4 - "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)" Upon development of the property, a minimum 25 foot wide landscaped street buffer will be required along W. Overland Road, classified as a principal arterial street, a 20 -foot wide landscaped street buffer will be required along S. Stoddard Road, classified as a collector street. • Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation corridors. Staff believes that the proposed development is appropriate along the adjoining transportation corridor (Overland Road). This development project will be highly visible and help to define this area of the city. • Chapter V, Goal III, Objective D, Action 5 - "Require all commercial businesses to install and maintain landscaping." The Applicant is not specifically proposing to install any landscaping with the subject annexation application. Upon development of this site, the Applicant will be required to construct internal and perimeter landscaping. Said landscaping must be installed prior to signature of a final plat and/or Certificate of Occupancy of the proposed building(s) on this site. • Chapter 1V, Goal I, Objective A, Action - "Permit new... commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." This property is contiguous to the City and sanitary sewer and water are readily available. • Chapter VII, Goal IV, Objective A, Action 6: Require screening and buffering of commercial and industrial properties and residential use with transitional zoning. Upon development of the property, a 25 foot wide land use buffer will be required along the south boundary of the site to provide a buffer between the proposed commercial uses of the property and the existing residences in Bear Creek Subdivision that abut the site. 9. ZONING ORDINANCE Queenland Acres AZ -07-009 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C -G zoning district. Retail Stores, restaurants, financial institutions, fuel sales facility, personal & professional services, 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. Dimensional standards for the C -G zoning district, per UDC Table 11-2B-3: (Applicable upon development of the property) a. Analysis of Facts Leading to Staff Recommendation AZ Application: Please see Exhibit D for detailed analysis of the required facts and findings. The annexation legal description submitted with the application (prepared on April 3, 2007, by Lawrence Koerner, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. Parcel Configuration: The subject 22.67 acre property consists of twelve residential lots, zoned Rl, that were platted in Ada County as Queenland Acres Subdivision. Also included to the south of Queenland Acres Subdivision is a 12 acre un -platted parcel in Ada County, zoned RUT. The site currently has some existing homes and associated outbuildings on it as well as some agricultural land. In order to subdivide this property to coincide with the proposed site layout, the Applicant can apply for an administrative Property Boundary Adjustment (PBA) application to relocate/remove some of the existing property lines to accommodate the future development of this property or subdivide the property through one of the four platting processes (preliminary Quemland Acres AZ -07-M PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 plat, final plat, combined preliminary and final plat, or short plat) outlined in UDC 11-6B. To configure the property through a PBA, the Applicant would need to vacate the existing easements platted with Queenland Acres Subdivision. Although not required, Staff suggests the property be platted through one of the methods outlined in UDC 11-6B as a "cleaner" way of creating parcels to accommodate the development of the property. Zoning Districts: The Applicant is requesting that the entire site be zoned C -G. The Comprehensive Plan Future Land Use Map designates this property for commercial use. The requested C -G zone is consistent with the land use designation for this property. However, there are three different commercial zoning designations that are consistent with the commercial land use designation: C -N (Neighborhood Business District); C -C (Community Business District); and C -G (General Retail and Service Commercial District). The C -N zone allows less intense uses, while the C -G zone allows more intense uses. The Comprehensive Plan encourages compatible uses to minimize conflicts and maximize use of land. The Plan also supports screening and buffering of commercial properties and residential uses with transitional zoning. The Applicant is proposing, as required by the UDC, a 25 -foot wide land use buffer to the adjoining residences along the entire south boundary. However, a transitional zoning district (e.g. -- L -O or C -N) is not proposed along the south boundary. A letter and petition with 236 signatures has been submitted to the City by the Bear Creek Homeowners Association (HOA), dated July 9, 2007, in response to this application. The letter requests that the City Council either vote in opposition to or consider more compatible zoning (i.e. high density residential or C N zone) for the proposed development to provide more of a transition in zoning between the proposed commercial uses and the existing residential properties. In consideration of the HOA's concerns, Staff reviewed the allowed uses in both the C N & C -G zones contained in UDC Table 11-2B-2 and determined the following: Retail uses, restaurants, financial institutions, and personal or professional services are examples of uses that are permitted in both the C -N & C -G zones; fuel facilities are conditional uses in the C -N zone and outright permitted in the C -G zone; building material, garden equipment and supplies (such as Lowe's) is a conditional use in the C -N zone and permitted in the C -G zone; laundry & dry cleaning is prohibited in the C N zone and permitted in the C -G zone; and vehicle washing facilities are a conditional use in the C -N zone and permitted in the C -G zone. Additionally, the UDC requires that buildings over 7,500 square feet in the C -N zone comply with design standards as listed in UDC 11-3A-19 (note: Staff is including a Development Agreement provision for all future buildings on this site to comply with design standards because of the site's location on a highly visible transportation corridor into the City). Further, the UDC requires a 25 -foot wide buffer to adjoining land uses in the C -G zone and only a 20 -foot wide buffer in the C -N zone. The Applicant is proposing retail uses on all of the buildings shown on the concept plan along the south boundary of the site adjacent to Bear Creek Subdivision. Because retail uses are permitted in both the C -N and C -G zones, because Staff is requiring administrative design review approval for all future buildings on the site as required in the C N zone for buildings over 7,500 square feet, and because a greater buffer width to adj oining land uses is required in the C -G zone, Staff does not believe that there is any benefit to zoning this property to C -N. However, to ensure that future uses on this site along the south boundary are not developed in a more intense fashion than proposed with this application or with uses that are not outright permitted in both the C N and C- G zones, Staff is including a provision in the Development Agreement that prohibits uses on the southern portion of this site, south of the northernmost full access drive to/from Stoddard Road shown on the concept plan as follows: fuel sales facilities; building material, garden equipment & supplies; and vehicle washing facilities. Staff believes that more intense uses, such as those mentioned, allowed in the C -G zone are appropriate along Overland Road but not appropriate as a transitional use adjacent to the existing residences. Further, to provide a buffer between the Qumnland Acres AZ -07-009 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING BATE OF AUGUST 21, 2007 proposed commercial uses and the existing residences in Bear Creek, the Applicant must comply with UDC 11-3B-9, Landscape Buffers to Adjoining Uses, and install a mix of evergreens and deciduous trees, and shrubs to result in a barrier that allows trees to touch at the time of maturity. Additionally, to enhance the buffer, Staff is requesting that a 6 -foot tall solid fence be installed where none currently exists along the south boundary of the site and that said fence be maintained by the Applicant Staff is including in the Development Agreement uses that are prohibited along the southern portion of this site. Concept Plan: The applicant submitted two conceptual site plans for this site. The first plan (shown in Exhibit A.2) shows how the site will conceptually lay out with two large retail sites consisting of one 12 -acre property and one 5 acre property, and two retail pads consisting of 1.5 acres and 2.5 acres, with two access points to Overland Road and 2 access points to Stoddard Road. The second plan (shown in Exhibit A.2) shows the same general plan but includes conceptual building footprints, parking, landscape buffers, internal access drives, and access points to/from the site. After carefully reviewing the conceptual site plan, Staff has identified various issues and concepts that need to be further discussed and mitigated/conditioned for. Staff is aware that the proposal plan is only conceptual in nature, but Staff believes that there are some concepts that are not currently proposed that would be appropriate for this site. These additional concepts, and the ones proposed are discussed below. To begin, the concept plan proposes approximately 207,000 square feet of retail space consisting of one big box retail building space and one mid-range box multi -tenant building space with three tenant spaces along the southern portion of the site. The largest of the retail spaces is proposed to be 125,000 square feet and is designed to house a national retailer that will "anchor" the development. The mid-range multi -tenant building space is proposed to be 60,000 square feet and is designed to house three tenants. Additionally, the concept plan proposes approximately 22,000 square feet of commercial pad space consisting of two 6,000 square foot pads and one 10,000 square foot pad along Overland Road. Staff is including a development agreement provision that limits the size of buildings within this development to 15% over or under the size shown on the concept plan. Access: A major aspect of the concept plan is the proposed vehicular access to/from the site and internal drive aisles and parking. Access to the site is proposed from two full access points and one right-in/right-out access to/from Overland Road, and two full access points to/from Stoddard Road. Additionally, a signalized full access point to Overland Road is proposed just off-site to the east with the Lowe's development. According to ACHD's report, Overland Road is being widened to a 5 -lane facility with bike lanes and curb, gutter, and sidewalk; Stoddard Road is a 2-3 lane roadway near the site; and the Stoddard/Overland Road intersection will be widened as part of the Overland Road project and the intersection will be signalized. Staff does not object to the proposed access points to/from the site; however, the Applicant should obtain approval from ACRD for the access points shown on the concept plan. There is an existing public stub street (Alaska Street) at the southeast corner of this site that was constructed with Bear Creek Subdivision. This street was provided to the subject property for inter -connectivity between Bear Creek and this commercial development. Staff is supportive of this stub street being extended into the site. Further, Staff is supportive of the extension of Alaska Street as a drive aisle and not a public street. Staff is concerned about creating a vehicular path that encourages vehicles outside of this section to cut -through Bear Creek to get to the commercial land uses along Overland Road. The configuration of the drive aisles shown on the concept plan do not create a direct route to the full access points to Overland Road via Alaska Street, and thus should not create a thoroughfare for cut -through traffic. To further discourage Queenland Acres AZ -07-009 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 cut -through traffic, Staff is in favor of installing a "local access only" sign near the Alaska Street stub street along the south boundary. Granting public cross -access to/from Alaska Street will allow the traveling public from Bear Creek Subdivision to access the commercial uses on this site, and ensures that the drive aisle cannot be closed to the public in the future. Due to the configuration of the property, a cross - access and cross -parking agreement should be required that benefits all parcels within this development. Additionally, a cross -access easement should be granted to the adjacent development to the east (Lowe's) and to/from the public stub street (Alaska Street) out to Overland Road. Staff is including Development Agreement provisions as discussed in this section. Parking Lot Layout: As shown on the concept plan, there are two building pads that abut Overland Road at the northeast comer of the site and one building pad on the comer of Stoddard & Overland that is set back approximately 90 feet from the corner. Staff is in favor of the location of these pads as they allow for the buildings to be located close to the street with the majority of the parking to be placed behind or at the sides of the structures, creating a better curb appeal for the site than a sea of parking. Additionally, the internal full access drive aisles to the north and west of the main retail building should be constructed as shown on the plan so that vehicles pulling out of parking spaces are not backing out into the drive aisles. Staff is including Development Agreement provisions as discussed in this section. Site Design: This site is located in a very visible location. The importance of this location makes quality design essential. The Applicant has submitted conceptual building elevations (photos) of what some of the structures on this site may look like. To ensure a minimum design standard, Staff is including a Development Agreement provision for all buildings within the development and site improvements to be subject to administrative design review as defined in UDC 11-3A-19. (Note the internal buildings shall not be subject to the 8 -foot wide pedestrian pathway requirement, to the adjacent sidewalk.) Landscaping: Although the design of this project is only conceptual, Staff believes there are some landscape elements that should be discussed at this early stage. The following landscaping elements should be included in the concept plan for this site and included as Development Agreement provisions. • The Comprehensive Plan Future Land Use Map depicts a multiuse pathway that runs through this property from Overland Road to the stub street location at the south boundary. A 10 -foot wide pathway shall be extended from the south boundary at Alaska Street to the sidewalk on Overland Road. Where the multiuse pathway crosses a drive aisle, the pathway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. • UDC 11-2B-3 requires a 25 -foot wide landscape buffer be constructed along Overland Road in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC 11-2B-3 requires a 20 -foot wide landscape buffer be constructed along Stoddard Road in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC 11-2B-3 requires a 25 -foot wide landscape buffer between residential uses and properties zoned C -G. This buffer should be designed and constructed in accordance with UDC 11-3B-9 and be placed along the entire southern boundary of the site adjacent to the existing residences in Bear Creek Subdivision. Quexnland Acs AZ -07-009 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 • The applicant should comply with any other landscaping standards described in the UDC, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. Design Standards: Because this site is located on a highly visible transportation corridor, Staff is requesting as a provision in the DA that all structures within the development be subject to the design standards listed in UDC 11 -3A -19C as follows: Architectural Character: a. Facades: Facades visible from a public street shall incorporate modulations in the facade, roof line recesses and projections along a minimum of twenty percent (20%) of the length of the facade. b. Primary public entrance(s): The primary building entrance(s) shall be clearly defined by the architectural design of the building. Windows, awnings, or arcades shall total a minimum of thirty percent (30%) of the facade length facing a public street. c. Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet heights; and e) cornices. d. Pattern variations: At least two (2) changes in one (1) or a combination of the following shall be incorporated into the building design: color, texture and/ materials. e. Mechanical equipment: All ground -level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. 2. Color and materials: Exterior building walls shall demonstrate the appearance of high- quality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or textured masonry block, textured architectural coated concrete panels, tinted or textured masonry block, or stucco or stucco -like synthetic materials. Smooth -faced concrete block, tilt -up concrete panels, or prefabricated steel panels are prohibited except as accent materials. 3. Parking Lots: No more than seventy percent (70%) of the off-street parking area for the structure shall be located between the front fagade of the structure and abutting streets, unless the principal building(s) and/or parking is/are screened from view by other structures, landscaping and/or berms. 4. Pedestrian walkways: a. A continuous internal pedestrian walkway that is a minimum of eight feet (8') in width shall be provided from the perimeter sidewalk to the main building entrance. The walkway width shall be maintained clear of any outdoor sale displays, vending machines, or temporary structures. (This requirement shall not apply to the internal pad sites.) b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. c. Walkways at least eight feet (8') in width, shall be provided for any aisle length that is greater than one -hundred fifty (150) parking spaces or two hundred feet (200') away from the main building entrance. d. The walkways shall have weather protection (including but not limited to an awning or arcade) within twenty feet (20') of all customer entrances. Queenland Acres AZ -07-009 PAGE 11 CITY OF MERIDIANI PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-513-1A). To ensure that all of the provisions in the development agreement (see below) are complied with, the City requires that the applicant obtain CZC approval from the Planning Department prior to site development; all site and landscaping improvements must be installed prior to occupancy. Development Agreement: A Development Agreement (DA) will be required as part of annexation of this property. Prior to annexation approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433, within 6 months of City Council approval to initiate this process. The DA shall include, at minimum, the following: • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • The applicant shall be responsible for all costs associated with sewer and water service installation. • Prior to issuance of a Certificate of Zoning Compliance for the first building on this site, provide City Staff with a copy of a recorded document(s) granting vehicular cross - access and cross -parking between the properties on this site; granting cross -access to the adjacent development to the east (Lowe's); and granting public cross -access to/from the stub street (Alaska Street) for the benefit of the traveling public. • The public stub street (Alaska Street) in Bear Creek Subdivision along the south property boundary shall be extended as a non-public street into this site. To discourage cut -through traffic, "local access only" signs should be installed near the stub street (Alaska Street) along the south boundary. At no time shall construction traffic associated with the development of this site be allowed to access this site using Alaska Street. • Access points to/from the site are limited to those shown on the concept plan unless otherwise restricted/approved by ACRD. • The drive aisle legs off the internal full access points to/from Overland Road and to/from Stoddard Road, to the north and west of the main retail building, shall be constructed as shown on the concept plan so that vehicles pulling out of parking spaces are not backing out into the drive aisles. • The two building pads shown on the concept plan at the northeast comer of the site should have no parking stalls between the buildings and Overland Road. • The building pad proposed at the comer of Stoddard & Overland should be situated so that parking is evenly dispersed around the front, rear, and sides of the building as shown on the concept plan. • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review in accordance with the standards listed in UDC 11-3A-19, prior to all new construction on the subject property. (NOTE: The internal buildings shall not be subject to the 8 -foot pedestrian walkway requirement to the perimeter sidewalk.) • Development of this site shall be generally consistent with the conceptual building elevations (photos) and site plan submitted with this application. Individual buildings within this development shall be limited to 15% over or under the sizes shown on the Quexnland Acres AZ -07-009 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 concept plan and the minimum number of buildings allowed on the site shall be five, as shown on the concept plan. • The following uses shall be prohibited along the southern portion of this site, south of the northernmost full access drive to/from Stoddard Road shown on the concept plan: fuel sales facilities; building material, garden equipment & supplies; and vehicle washing facilities. • Construct a 25 -foot wide landscape buffer along Overland Road in accordance with the standards in UDC 11-3B-7. • Construct a 20 -foot wide landscape buffer along Stoddard Road in accordance with the standards in UDC 11-3B-7. • Construct a 25 -foot wide landscape buffer between residential uses and properties zoned C -G. This buffer shall be designed and constructed in accordance with UDC 11-3B-9 and be placed along the entire southern boundary of the site adjacent to the existing residences in Bear Creek Subdivision. • Construct a 6 -foot tall solid fence, where none currently exists, along the southern boundary of the site to assist in providing a buffer to the residences in Bear Creek Subdivision in addition to the landscaping requirements listed in UDC 11-3B-9Ca&b. Fencing along the southern boundary shall be maintained by the Applicant. • The applicant shall comply with all landscaping standards described in UDC 11-3B, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. • Prior to issuance of the first Certificate of Occupancy, construct a multi -use pathway from the sidewalk on the stub street at the south boundary (Alaska Street) across the site, out to the sidewalk on Overland Road. The applicant shall design and construct the multiuse pathway in accordance with UDC 11-3A-8 and in conjunction with the Parks Department's standards. Additionally, where the pathway crosses drive aisles, the pathway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks (not paint). • The trees that currently exist on this site shall be retained or mitigation shall be provided in accordance with UDC 11-3B-10. The applicant shall work with the Parks and Recreation Department regarding the removal or replacement of any trees on this site. b. Staff Recommendation: Staff recommends approval of the proposed annexation application (AZ -07-009), subject to the Development Agreement provisions listed in Exhibit B. The Meridian Planning & Zoning Commission heard this item on June 21. 2007 and Julv 19, 2007. At the public hearing on July 19. 2007 they moved to recommend approval of the subiect AZ request to the City Council. The Meridian City Council heard this item o August 21, 2007, At the public Baring they aonroved the subject AZ nquaL 11. EX]MffS A. Drawings 1. Vicinity/Zoning Map 2. Conceptual Site Plans 3. Examples of Conceptual Building Elevations (photos) B. Agency Comments Queenland Acres AZ -07-009 PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 1. Planning Department 2. Public Works 3. Fire Department 4. Police Department 5. Ada County Highway District C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Queenland Acres AZ -07-009 PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 A. Drawings 1. Vicinity/Zoning Map Exhibit A PAGE 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 2. Conceptual Site Plans RE S CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 3. Examples of Conceptual Building Elevations (photos) Big Box Retail Store Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 Mid-range Box Retail Store Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 Pad Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 B. Agency Comments 1. PLANNING DEPARTMENT 1.1 The annexation legal description submitted with the application (prepared on April 3, 2007, by Lawrence Koerner, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. 1.2 Prior to annexation ordinance approval, the applicant shall enter into a Development Agreement with the City. Said Development Agreement shall be signed within 6 months of the City Council's approval of this application and shall include the following provisions: • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • The applicant shall be responsible for all costs associated with sewer and water service installation. • Prior to issuance of a Certificate of Zoning Compliance for the first building on this site, provide City Staff with a copy of a recorded documents) granting vehicular cross - access and cross -parking between the properties on this site; and granting cross -access to the adjacent development to the east (Lowe's); • The public stub street (Alaska Street) in Bear Creek Subdivision along the south property boundary shall not be extended as a public or non-public street into this site but shall be used as an emergency access point and pedestrian pathway into the site. *' signs should be kistaUed neaf " stub owt (Alaska Stmet) along the south boundary. At no time shall construction traffic associated with the development of this site be allowed to access this site using Alaska Street. • Access points to/from the site are limited to those shown on the concept plan unless otherwise restricted/approved by ACRD. • The drive aisle legs off the internal full access points to/from Overland Road and to/from Stoddard Road, to the north and west of the main retail building, shall be constructed as shown on the concept plan so that vehicles pulling out of parking spaces are not backing out into the drive aisles. • The two building pads shown on the concept plan at the northeast corner of the site should have no parking stalls between the buildings and Overland Road. • The building pad proposed at the corner of Stoddard & Overland should be situated so that parking is evenly dispersed around the front, rear, and sides of the building as shown on the concept plan or situated closer to Overland Road. similar to the structures depicted on the northeast Portion of the site. • Prior to issuance of the first Certificate of Occupancy, construct a multi -use pathway from the sidewalk on the stub street at the south boundary (Alaska Street) across the site, out to the sidewalk en at the trafficsignal on Overland Road. The applicant shall design and construct the multiuse pathway in accordance with UDC 11-3A-8 and in conjunction with the Parks Department's standards. Additionally, where the pathway crosses drive aisles, the pathway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks (not paint). Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review in accordance with the standards listed in UDC 11-3A-19, prior to all new construction on the subject property. (NOTE: The internal buildings shall not be subject to the 8 -foot pedestrian walkway requirement to the perimeter sidewalk.) • Development of this site shall be generally consistent with the conceptual building elevations (photos) and site plan submitted YAththis appNeatia attached in Exhibit A of this re ort. Additionall the rear elevation of the lar est buildin ro sed alon the southern bound shall have horizontal bandin and/or include of a varie of materials. Individual buildings within this development shall be limited to 15 % over or under the sizes shown on the concept plan exce t for the lar est budin d which shall not exceed 170 000 s uare feet and the minimum number of buildings allowed on the site shall be no less than four and no more tt n . . • The following uses shall be prohibited along the southern portion of this site, south of the northernmost full access drive to/from Stoddard Road shown on the concept plan: fuel sales facilities; building material, garden equipment & supplies; and vehicle washing facilities. • Construct a 25 -foot wide landscape buffer along Overland Road in accordance with the standards in UDC 11-3B-7. • Construct a 20 -foot wide landscape buffer along Stoddard Road in accordance with the standards in UDC 11-3B-7- •Gensftud a "C 4r--* -..A- I ead—seape buffa between fesidmliel uses and pmpmies zenae—d C -Q A 60 -foot wide separation is required between the residential lots along the southern property boundary and the rear of all buildings Within said 60 feet a 25 - foot wide landscaue buffer shall be constructed at the south property line, then a drive aisle. and then an additional buffer at the rear of the buildings with an allowance for access to loading areas for the smaller retail building(sl on the southeast portion of the site. Said buffer shah subshnti llv comely with the buffer .example shown in Exhibit A.4 of this r=rL Landscape buffers shall be designed and constructed in accordance with UDC 11-3B-9 and aeo ahmw the entire south beua&fy of the site ent to the '..ate b 'd - is D Creek 1 O ' L f whwe nene waffeWy exisw, baumdW of the site Replace the existing fence. with the property owners' consent along the southern boundary of the site with a 6 -foot tall concrete wall to assist in providing a buffer to the residences in Bear Creek Subdivision in addition to the landscaping requirements listed in UDC 11-3B-9Ca&b. • The applicant shall comply with all landscaping standards described in UDC 11-313, including but not limited to UDC 11-313-8 which outlines the standards for parking lot landscaping. • The trees that currently exist on this site shall be retained or mitigation shall be provided in accordance with UDC 11-3B-10. The applicant shall work with the Parks and Recreation Department regarding the removal or replacement of any trees on this site. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in to W overland Road and main to be installed to the Black Cat trunk. The applicant shall install mains to Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE BEARING DATE OF AUGUST 21, 2007 and through this subdivision; applicant shall coordinate main size and routing with the public Works Department, and execute standard forms of easements for any mains that are required to Provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub - grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in W. Overland Road, and S. Stoddard Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 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. 2.4 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.5 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. 2.6 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. 2.7 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.8 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. 2.9 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 irngation/dramage 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. 2.10 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 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on the final plat. These include but are not limited to, fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2.12 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 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.14 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.15 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.16 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.17 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. 2.18 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.20 One hundred watt, high-pressure sodium streetlights, 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. 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 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. Exhibit B CITE' OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 g. Fire hydrants shall be provided to meet the requirements of the 1FC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 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. 3.6 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. 3.7 The commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 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 The applicant shall work with Planning Department staff to provide an address identification plan and a sign that provides a range of addresses, which mets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.11 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.12 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. 3.13 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.14 There shall be a fire hydrant within 100' of all fire department connections. 3.15 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 3.16 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 3.17 Right-in/right-out turn lanes are recommended at the furthest west access point to Overland Road shown on the conceptual site plan submitted with this application. 4. POLICE DEPARTMENT 4.1 Right-in/right-out turn lanes are recommended at the furthest west access point to Overland Road shown on the conceptual site plan submitted with this application. 5. ADA COUNTY HIGHWAY DISTRICT (ACRD'S REPORT IS BASED ON THE ORIGINAL CONCEPT PLAN SUBMITTED WITH THIS APPLICATION, NOT THE PLAN ATTACHED RV EXHIBIT A, THAT ONLY SHOWS 2 FULL ACCESS POINTS ON OVERLAND ROAD. APPROVAL OF THE ADDITIONAL RIGHT-RWRIGHT-OUT PROPOSED ON OVERLAND, SHOWN ON THE CONCPET PLAN ATTACHED DV EXHIBIT A, MUST BE OBTAINED WITH PRELIMINAR Y PLA T OR CERTIFICATE OF ZONING COMPLIANCEAPPLICATION ) 5.1 SITE SPECIFIC CONDITIONS OF APPROVAL THISAPPLICATIONIS FOR A REZONE AND ANNEXATION ONLY. UPON SUBMITTAL OF A DEVELOPMENT APPMCATIONACRD WILL REVIEW THE TR.4NSAff= SITE PLAN AND APPLICATION, AND LEVY FORMAL REQ UIREMENTSAT THAT TIME. 5.1.1 Widen the pavement on Stoddard Road and construct vertical curb, gutter, 7 -foot attached (or 5 - foot detached) concrete sidewalk to one-half of a 46 -foot collector street section abutting the site. 5.1.2 Construct two full -access curb return driveways on Stoddard Road to a maximum width of 36 - feet. The first driveway shall be located approximately 350 -feet south of the signalized intersection with Overland Road, and the second driveway shall be located at the south property line. 5.1.3 Construct two full -access curb return driveways on Overland Road to a maximum width of 36 - feet. The first driveway shall be located approximately 435 -feet east of the Stoddard/Overland intersection and in alignment with the easternmost driveway for the Mountain View Equipment site on the north side of Overland Road. The second driveway shall be in alignment with the private road, Blue Marlin Drive. 5.1.4 Grant a cross access easement to the adjacent development (Brighton, MCZC-07-054) to connect the drive aisle at the signalized intersection on Overland Road to the public stub street (Alaska Street) located at the south property line of the adjacent parcels. The easement may be circuitous and may be for drive aisles within the parking lots of both developments. The District shall review and approve the language of the easement prior to recording to ensure it is meeting the intent of the Findings of this report. 5.1.5 Other than the access specifically approved with this application, direct lot access is prohibited to Overland Road and Stoddard Road. 5.1.6 Comply with all Standard Conditions of Approval. 5.2 STANDARD CONDITIONS OF APPROVAL 5.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR 7'HE HEARING DATE OF AUGUST 21, 2007 5.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of-way. 5.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 5.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5.2.5 Comply with the District's Tree Planter Width Interim Policy. 5.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 5.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 5.2.10 Payment of applicable road impact fees 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. 5.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 5.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 5.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 C. Legal Description & Exhibit Map Wom- d Abs € s Ce'881 aMOP-M � - ,�� € € E of @ „;pamm�,A;oy des >h `34"A%WL 1,309-40 feet to a point beiNcon UhsATk-4-Q-a§w of the e i ee3 sp fi ewe .s a N"i V rw zwn681-11? .,Et esu and _", d E , � BSS' a ,,1ry and a E €e�ovow'> v'& O 45 X06'. s &33 u r C o �,.�-.wk€ saf e' `� tv*y &Y'."wis:a i s , u"s k". !orgs S , aro alon g the € € Of sW3 zp e w€§dip a irs � , '.fl+.'-. Y �f: S @ C-' y 4�s NE ' __.w`' min uw i : S o,;agl$y U ar6'd Ws P"Oompkinn, are e Lonq T hownoa3 ieav=ng ns;d Bookiwary Line, and Wh a ,crM Tiy owndegf Un.- -of trNew INc4, sak, ��fr �- gAca'. .F C�S4 ����ii,r �e'� �2`b�:'.F "Sy.E `'ci 3_-,'�.. R'� fi �� "3.'.'� Co!✓%5' � ES C3wQe.-'C� Exhibit C i IYPAX€T CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 Exhibit'C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to C -G. The 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 for more information. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; No development is proposed concurrent with the zoning map amendment. The Council finds that there are several uses that are allowed and conditionally allowed within the requested zoning district of C -G. If the applicant complies with the conditions outlined in the development agreement, the Council finds that the proposed commercial district will be in compliance with the specific district regulations. The Council finds that future development of this property should comply with the established regulations and purpose statement of the C -G zone. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; If the applicant enters into a Development Agreement and complies with the provisions, the Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11 -SB -3.E). The C -G zoning amendment will provide commercial area that is similar in nature to existing and proposed commercial development in the vicinity. The Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, the Council finds that Annexation and Zoning of this property to C -G would be in the best interest of the City, if the applicant enters into a Development Agreement (DA) with the City, as mentioned in Section 10 of the Staff Report. Exhibit D August 31, 2007 FP 07-027 MERIDIAN CITY COUNCIL MEETING September 4, 2007 APPLICANT Ahlquist Development, LLC ITEM NO. 9 REQUEST Final Plat approval for 11 commercial building lots on 18.47 acres in a C -G zone for Gardner Ahlquist Subdivision - SEC of Eagle Road and Franklin Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Staff Comments No Comments See attached Comments See attached Landscape Plans Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • August 31, 2007 FP 07-025 MERIDIAN CITY COUNCIL MEETING September 4, 2007 APPLICANT Portico, LLC ITEM NO. 10 REQUEST Final Plat approval for 26 single-family building lots and 3 common lots on 5.17 acres in an R-8 zone for Portico Place Subdivision - north of E. McMillan Road and east of N. Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: See attached Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PORTICO, LLC, FOR FINAL PLAT APPROVAL OF 26 SINGLE-FAMILY RESIDENTIAL AND TOWNHOUSE BUILDING LOTS AND 3 COMMON LOTS IN AN R-8 ZONE LOCATED AT 1780 E. MCMILLAN ROAD, SW 1/ OF THE SW 1/ OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 1 EAST C/C September 4, 2007 CASE NO. FP -07-025 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on September 4, 2007, and the Council finding that the Administrative Review is complete from Jenny Veatch, Assistant City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: September 4, 2007, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING PORTICO SUBDIVISION LOCATED IN THE SW % OF THE SW 1/ OF SECTION 29, T., 4N., R. 1W., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: 07/11/07, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PORTICO SUBDIVISION (FP -07-025) Page 1 of 4 0 • SHEET 1 OF 3, TREASURE VALLEY ENGINEERS, INC.", PORTICO, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Jenny Veatch, Assistant City Planner for the Planning and Zoning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: September 4, 2007, listing 20 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 14 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Treasure Valley Engineers, Inc., a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 6 pages, and by this reference incorporated herein, and the additional requirements of the Council taken at their September 4, 2007 meeting as follows, to -wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PORTICO SUBDIVISION (FP -07-025) Page 2 of 4 State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not 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. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which maybe adversely affected by this decision may, within twenty-eight (28) days ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PORTICO SUBDIVISION (FP -07-025) Page 3 of 4 • • after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 4 f' day of ,��, 2007. ATTEST: r�'haran��71� WILLIAM G. BERG, JR., ,-,,`MAYORSde WEERD �r c r ,F / "'fill 1191611\\\l\i Copy served upon: Applicant Planning Department Public Works Department City Attorney By: Dated: l0'? --0-7 City Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PORTICO SUBDIVISION (FP -07-025) Page 4 of 4 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 4, 2007 STAFF REPORT Hearing Date: September 4, 2007if �. TO: Mayor & City Council ` _> FROM: Jenny Veatch, Assistant City Planner yry r 884-5533 Scott Steckline, Development Services Coordinato Fa 208-898-5500 SUBJECT: Portico Place Subdivision • FP -07-025 Request for Final Plat Approval of 26 single-family and townhouse building lots and 3 common lots on 5.17 acres in the R-8 zone We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Portico, LLC, has applied for Final Plat approval of 26 single-family residential and townhouse building lots and 3 common lots in an R-8 zone for Portico Place Subdivision. The site is located at 1780 E. McMillan Road, on the north side of McMillan Road, just east of the intersection of Locust Grove and McMillan Roads, in the Section 29, Township 4 North, Range 1 East, and is currently referenced as Assessor's Parcel Number S0529336250. The City Council approved the preliminary plat for Portico Place Subdivision on March 27, 2007 and the submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Portico Place Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved annexation (AZ -06-052), development agreement (Inst. #107071997), and preliminary plat (PP -06-053) for this subdivision. 2. If the City Engineer's signature is not obtained by 3/27/09, the Final Plat approval for this subject phase shall expire. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. A Certificate of Zoning Compliance (CZC) is required prior to issuance of building permits for the townhomes within the subdivision. The townhomes may be combined in one CZC or submitted separately for approval. The townhomes shall substantially comply with the approved building elevations. The subject final plat shall be recorded prior to issuance of any Certificate of Zoning Compliance or building permits on this site. FP -07-025 Portico Place Subdivision FP.doc 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 4, 2007 All common driveways shall be constructed in accordance with UDC 11 -6C -3D, and be paved a minimum of 20 -feet wide with a surface capable of supporting 75,000 lbs. with a turning radius of 28' inside and 48' outside for fire vehicles and equipment. All properties that abut a common driveway shall take access from the driveway. File a perpetual ingress/egress easement for all lots that share a driveway. The applicant shall record an easement and include the instrument number on the face of the plat prior to signature of the City Engineer, OR dedicate said easements via the plat. Graphically depict the common driveway easements for each applicable lot on the face of the plat. 7. Prior to signature of the final plat by the City Engineer, the applicant shall submit to the Planning Department for review and approval, an exhibit depicting the setbacks, building envelope, orientation of the buildings, and structures located on Lots 13, 14, 15 Block 1 , and Lots 8, 9, 10, Block 2. 8. The applicant has not indicated who will own and operate the required pressurized irrigation system in this development. Therefore plans and specifications will be reviewed by the Public Works Department during the construction plan review with a "draft' operations and maintenance manual being required prior to plan approval and a "final" draft being required prior to signature on the final plat. 9. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single -point connection is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 10. Except for the existing residence on Lot 17, all existing structures shall be removed prior to signature of the final plat by the City Engineer. 11. Accurately depict the location of the sidewalk easement along McMillan Road (currently points to right-of-way that is being dedicated); include the instrument number. 12. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 13. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 14. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. FP -07-025 Portico Place Subdivision FP.doc 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 4, 2007 15. Revise or add the following note(s) on the face of the plat prepared by Treasure Valley Engineers, Inc., stamped on 07/11/07 by Robert G. Hinckley, prior to signature of the final plat by the City Engineer: 4.) Revise to read, "Direct lot access to McMillan Road is prohibited unless otherwise approved by Meridian City and ACHD"t r the tem ..L_ _L_„ ___ ___ aa,,. until the ieft . a t longer- 1the ^� *.) Add a note stating: "Lots 7, 8, 9, and 10, Block 2 and lots 13, 14, and 15, Block 1 shall take access from the proposed common drives and owners of said lots shall maintain the common drive." *.) Add a note, "Bottom elevation of structural footings shall be set a minimum of 12 inches above the highest established normal ground water elevation." *.) Add a note: "Lot owners are responsible for maintenance of any irrigation/drainage pipe or ditch crossing their lot unless such responsibility is assumed by an irrigation/drainage enh ." 16. Revise the plat to depict the street buffer width along E. McMillan Road as 30 feet along the portion that is adjacent to the existing house, as modified and approved by City Council. 17. Revise the plat to graphically depict 4 -foot tall closed vision fencing or 6 -foot tall open vision fencing along the perimeter boundary of Lot 2, Block 1 (This condition to be noted on the landscape Alan rather than on the plat 18. The landscape plan, prepared by Jensen Belts and dated 03/1/07 shall be revised as follows: a. Graphically depict the detail for the gazebo on the face of the plan. b. Per UDC -11 -3G -3E.2, add 1 deciduous tree to the southeast side of Lot 1, Block 1. Submit three copies of the revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. 19. Submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 20. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 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. FP -07-025 Portico Place Subdivision FP.doc • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 4, 2007 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, final plat recorded and road base shall be approved prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. 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. 12. Any water meter lids placed in driveways must be traffic rated lids, approved by the City of Meridian. 13. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 14. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-14 and 94-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. FP -07-025 Portico Place Subdivision FP.doc CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 4, 2007 STAFF RECOMMENDATION Staff recommends approval of the final plat for Portico Place Subdivision (FP -07-025) with the above stated conditions. FP -07-025 Portico Place Subdivision FP.doc 0 September 4, 2007 Jenny Veatch City of Meridian 660 East Watertower, Suite 202 Meridian, Idaho 83642 SUBJECT: RESPONSE TO CITY COMMENTS ON FINAL PLAT PORTICO PLACE SUBDIVISION MERIDIAN, ADA COUNTY, IDAHO Dear Ms. Veatch: 0 The purpose of this letter is to provide a written response to the site specific conditions from the Staff Report for the Final Plat Hearing. Our response to the conditions is as follows: SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved annexation (AZ -06-052), development agreement (Inst. #107071997), and preliminary plat (PP -06-053) for this subdivision. It is understood that the conditions of the annexation, development agreement and preliminary plat must be met for this project. 2. If the City Engineer's signature is not obtained by 3/27/09, the Final Plat approval for this subject phase shall expire. Timing the City Engineer's signature is understood. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. It is understood that the owners must sign and notarize the plat prior to submittal of the City for signature. 4. A Certificate of Zoning Compliance (CZC) is required prior to issuance of building permits for the townhomes within the subdivision. The townhomes may be combined in one CZC or submitted separately for approval The townhomes shall substantially comply with the approved building elevations. The developer is aware of the requirements to submit the CZC on the project. PASargent'Portico Ptace\CivillCorcesU-04097 City_09-04-2007.doc Treasure Valley Engineers, Inc. Phone: (208) 463-0305 1204 6th Street North Fax: (208) 463-4391 Nampa, Idaho 83687 Email• mall(a) ,TVElirc.com Ms.Veatch Sep September 4, 2007 rI1�L Page 2 of 5 S. The subject final plat shall be recorded prior to issuance of any Certificate of Zoning Compliance or building permits on this site. Understood. No additional response is required 6. All common driveways shall be constructed in accordance with UDC 11 -6C -3D, and be paved a minimum of 20 feet wide with a surface capable of supporting 75,000 lbs with a turning radius of 28' inside and 48' outside for fire vehicles and equipment. All properties that abut a common driveway shall take access from lite driveway. File a perpetual ingress/egress easement for all tots that share a driveway. The applicant shall record an easement and include the instrument number on the face of the plat prior to signature of the City Engineer, OR dedicate said easements via the plat. Graphically depict the common driveway easements for each applicable lot on the face of the plat. Easements will be added to the final plat showing the ingress/egress easement prior to submitting to the plat to the City for signature. 7, Prior to signature of the final plat by the City Engineer, the applicant shall submit to the Planning Department for review and approval, an exhibit depicting tl:e setbacks, building envelope, orientation of the buildings, and structures located on Lots 13, 14, 15 Block 1 , and Lots 8, 9, 10, Block 2. An exhibit will be prepared and submitted to the Planning Department showing the requested information prior to the City Engineer signing the final plat. 8, The applicant has not indicated who will own and operate the required pressurized irrigation system in this development. Therefore plans and specifications will be reviewed by the Public Works Department during the construction plan review with a "draft' operations and maintenance manual being required prior to plan approval and a "final" draft being required prior to signature on the final plat The developer and I will work with Public Works to provide documentation on who will own the pressurized irrigation system. If the system will be owned and maintained by the Irrigation District, no 0&M manual will be required. However, if the system will be owned and maintained the Association, then an O&M manual will be prepared and submitted. 9. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single point connection is used, the developer shall be responsible for file payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. Understood, no additional response is required. P:%Sargentftrtieo Place\CiviACorresV-04097_City_09-04-2007.doc Treasure Valley Engineers, Inc. Phone: (208) 463-0305 1204 6h Street North Fax: (208) 463-4391 Nampa, Idaho 83687 Entail: ma11@a,TVEluc.com Ms.Veatch Sep PRvaNxi September 4, 2007 Page 3 of 5 10. Except for the existing residence on Lot 17, all existing structures shall be removed prior to signature of the final plat by the City Engineer. Documentation will be provided to the City on the removal of structures prior to the City Engineer signing the final plat. IL Accurately depict the location of the sidewalk easement along McMillan Road (currently points to right-of-way that is being dedicated); include the instrument number. The instrument number will be placed on the plat once it is finalized by ACHD and prior to submitting the plat for signature by the City Engineer. 12. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. Understood, no additional response is required. 13. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for tl:e location of mailboxes Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. Documentation on locations of the mailboxes will be provided by the developer prior to the City Engineer signing the final plat. 14. All areas approved as open space shall be free of wet ponds or other such nuisances All stormwater detention facilities Incorporated into the approved open space are subject to UDC 11 -3B -I1 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 I1 -3B - IL If the stormwater detention facility cannot be Incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is ti:e responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. Understood. As shown on the construction drawings submitted with the plat, the stormwater retention facilities are below ground, therefore no additional response are required. PASargentTortico Place\CivinCorresV-04097 c4j9-04-2007.doc Treasure Valley Engineers, Inc. Phone. (208) 463-0305 1204 a Street North Far. (208) 463-4391 Nampa, Idaho 83687 Email., maii@rVEIne.com Ms.Veatch Sep X ►liU j September 4, 2007 Page 4 of 5 15. Revise or add tite following notes) on the face of the plat prepared by Treasure Valley Engineers, Inc., stamped on 07/11/07 by Robert G. Hinckley, prior to signature of the final plat by the City Engineer: 4) Revise to read, "Direct lot access to McMillan Road is prohibited unless otherwise approved by Meridian City and ACHD'; Add a note stating: "Lots 7, 8, 9, and 10, Block 2 and lots 13, 14, and 15, Block I shall take access from the proposed common drives and owners of said lots shall maintain the common drive." Add a note, "Bottom elevation of structural footings shall be set a minimum of 12 inches above the highest established normal ground water elevation. " t) Add a note: "Lot owners are responsible or maintenance of irri-eation/drainaQe nine or ditch crosscne their lot unless such responsibility is assumed by an irr_gation/dralnaee enh ." The notes shall be modified / added to the plat prior to the City Engineer signing the final plat. 16. Revise the plat to depict the street buffer width along E. McMillan Road as 30 feet along the portion that is adjacent to the existing house, as modified and approved by City Council. The plat will be modified as requested prior to the City Engineer signing the final plat. 17. Revise the plat to graphically depict 4 -foot tall closed vision fencing or 6 -foot tall open vision fencing along the perimeter boundary of Lot 2, Block 1. The plat is not the place for this response. The landscape plan will be modified to specify the fencing as requested. I& The landscape plan, prepared by Jensen Belts and dated 03/1/07 shall be revised as follows: a. Graphically depict the detail for the gazebo on the face of the plan. b. Per UDC -I1 -3G -3E.2, add I deciduous tree to the southeast side ofLot 1, Block 1. Submit three copies of the revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. The landscape plan will be modified to specify the information as requested. PASargentlPortico Place\CivillCorresV-04097 City 09-04-2007.doc Treasure Valley Engineers, Inc. Phone: (208) 463-0305 1204 a Street North Fax: (208) 463-4391 Nampa, Idaho 83687 Email: nnall@TVEInc.com • 0 Ms. Veatch September 4, 2007 PIN VALff X Page 5 of 5 19. Submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. This information will be provided prior to the City Engineer signing the final plat. 20. Staffs failure to cite speck ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. Understood, no additional response is required. Thank you for your time. Feel free to call meat 463-0305 or the developer, Ron Sargent at 371- 6110 if you have any questions. Sincerely, Lance Warnick, P.E. Project Manager Treasure Valley Engineers, Inc. Attachment I . Staff Report from City of Meridian for Final Plat cc: File 04097 PASargenriPor ico PlacelCiviRCorresV-04097_City_09-04-2007.doc Treasure Valley Engineers, Inc. Phone. (208) 463-0305 1204 6'b Street North Fax: (208) 463-4391 Nan:pa, Idaho 83687 Email: mall@TVElirc.com 0 STAFF REPORT FOR FINAL PLAT August 31, 2007 PP 07-011 MERIDIAN CITY COUNCIL MEETING September 4, 2007 APPLICANT Ustick Marketplace, LLC ITEM NO. 11 REQUEST Continued Public Hearing from August 14, 2007 — Recleust for PP approval for 18 commercial bldg lots on 18.5 acres in a c -g zone for Paramount Commercial Southwest — northeast comer of North Linder Road and West McMillan Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Previous Item Packet / Minutes See attached Requet for Continuance Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. August 31, 2007 MI 07-007 MERIDIAN CITY COUNCIL MEETING September 4, 2007 APPLICANT Ustick Marketplace, LLC ITEM NO. 12 REQUEST Continued Public Hearing from August 14, 2007 — Regeust for MI application to modify the DA to remove the CUP requirement for all commercial development in the C -G zone & require design review approval for Paramount commercial southwest AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Previous Item Packet / Minutes See attached Request for Continuance Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. August 31, 2007 AZ 07-004 MERIDIAN CITY COUNCIL MEETING September 4, 2007 APPLICANT Ruby/Edwards: Architecture + Design ITEM NO. 15 REQUEST Ordinance — Request for Annexation and Zoning of 2.48 acres from RUT to an L -O zone for locust Grove Professional Office Building — 1695 South 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: COMMENTS See attached ordinance Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 09h0107 1223 PM DEPUTY VIGN Allen RECORDED-REQUW OF III IIIIIIoiitIIIIIIIIIIIIIIIII liIIII lily of Meridian 107126902 CITY OF MERIDIAN ORDINANCE NO._4VIZg,�E BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ -07-004 LOCUST GROVE PROFESSIONAL OFFICE) FOR ANNEXATION OF PROPERTY BEING IN A PORTION OF THE NW % OF Ift THE NE % OF SECTION 199 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO L -O (LIMITED OFFICE DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Specialty Contracting. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to L -O (Limited Office District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. ANNEXATION OF AZ -07-004 LOCUST GROVE PROFESSIONAL OFFICE Page 1 of 3 SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of Al I1.Pjc , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ' day of /j tyt,. 6C. , 2007. MAYOR Y de WEERD ANNEXATION OF AZ -07-004 LOCUST GROVE PROFESSIONAL OFFICE Page 2 of 3 ATTEST: WILLIAM G. BERG, STATE OF IDAHO, ) : ) ss. County of Ada ) ISEAL CITY C �ifrrrnNt ttNNi�,at t On this 4 day of 2007, before me, the undersigned, a Notary Public in and lor said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 00896 04 (SEAL) �•'���G�'�a • ti ITA ► .w a OTARY PUBLIC FOR IDAHO RESIDING AT: Ch.1djLj.11, 1p MY COMMISSION EXPIRES: 10-t l -t 1 ANNEXATION OF AZ -07-004 LOCUST GROVE PROFESSIONAL OFFICE Page 3 of 3 A. Legal Description T+OOMWN-OMON IWG1NMMNG COWANY ae,.sunv�tro�s.ru�m �. PKQJECT NO: 07027 DAM- fabrimy 15, 2007 PAGE: 1 of 1 9777 CHQJDFN MULEVARD O F&1DAKO"Ib #4-2068 218.323.22811: T FAX 288.333, 234!1 .own EMMIT "A". REZONE OWREMON AA 1.iortion'io rtto Nvrthew Qtwer.efthe Wort!>=g-Quu er of Swdon 19, Tomtship 3 Motth,. Range I bast, 8 'Mcridiaa, City of Mwidian„ Ada Cotwty, Idehor described as follows: BE, GiriiNMC* at. -the corner commotl to Sftdons.17, is, :I9.ad 20, To. 3 North, Range I Ea , l oiw Meridian, tiom`wbkh ttie Quiirwx co eer c�timam to:Mdd ReCtians [il and 19 bears R.89"d3 ir* r 2fi�k9.17 &a; !intra::: al+w*- the ewterly line of.,SW motion 19, 1, S.00'34'25"W:, 488.0_faet thy; alwtg`the rnoitthsrly lice ofL ift 56�inil 57 Block 2 pf Sports�rnaii Pointe Suttdivisi 'No. 5 and tie eaVerly prolangedon themf, 3..N $x}5'35"1 ;,.14$.85:' thrice, ataa8 th0 easterly lisle of said Pointe '%bilivisioa No. S.arttl 'tho proianga im dmrwf; 3. N. 10191M, 505.46 feet to ttvottherly line of said S�ti+aa i 9; ttienee. alpng;said noty life, . 4. Ml"4V43''E.,'290:S1 fietto-dmTOUff OYBBCMMG. C[)NTA11 MG 2.48•a ares; mom or less. Rafe iat6 is made. to E KMBTT "B„ _ Rctone Skeich Plan, which is. made. a part of this . document TMSDESCRIMON WAS PREPARgo PROM INFiiltMATIONCONTAMM IN MSMUMENT PiO:S 1U7.{l39M AND 102093348. BOISE • COEUR d'AILM • CALDWELL Page 1 B. Site Map '38 18 s NOTE. 1 Fi1kRr SKETOFt WAS PREPARED FROW woRmodN CbNTAou IN INSTRWiN7 k6$;10MO223 AND 10206—i3fl8. LEGEND REZONE MMMM— PROPERTY LWE LINE CAICUTATE0 POINT 1 1 V or SW43'43"W 2649.1T POINT OF MMU'1141N E. N89'43 4 EROTI 1. ADA COUNTY HIGHWAY IXSTRiCT INSTRUMENT NO.. 102093395 0 30 B0 1-20. 18O I SCALE. 1"=W EXHIBIT "B1p REZONE SKETCH PLAN A PORTION OF THE NE 1/4, NE 1/4 SEMON 19, TOWNSHIP 3 NORTH, RANGE 1 EAST. B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO 10190 0 t ENI�HEER9 SilRtFEy'ORS RLANwERS 97'77 fJ4NflEN 8Dl1i.EYARQ t0AtF1O H3?14-%Ob8 PHONE: 208-323-2288 • FAX: A18-323-2399 F=Fk!»kWwvvwm astwTfJar Jam Page 2 ltiT,84' r � 1 REZONE AREA 2.48 ACRES sr. " v 0 30 B0 1-20. 18O I SCALE. 1"=W EXHIBIT "B1p REZONE SKETCH PLAN A PORTION OF THE NE 1/4, NE 1/4 SEMON 19, TOWNSHIP 3 NORTH, RANGE 1 EAST. B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO 10190 0 t ENI�HEER9 SilRtFEy'ORS RLANwERS 97'77 fJ4NflEN 8Dl1i.EYARQ t0AtF1O H3?14-%Ob8 PHONE: 208-323-2288 • FAX: A18-323-2399 F=Fk!»kWwvvwm astwTfJar Jam Page 2 -4 i August 31, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT September 4, 2007 ITEM NO. 16 REQUEST Ordinance — 2007 / 2008 Fiscal Year Budget 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.